When a couple chooses to get a divorce, the process of dividing marital assets is likely to cause some conflict. Each party may have personal attachments to certain properties, and while it is sometimes fairly straightforward to reach an agreement that satisfies each person’s needs and wishes, certain kinds of properties are especially complicated. When it comes to dividing these properties, it is helpful to have the guidance of an experienced attorney who can help you protect your interests and avoid financial losses.

3 Properties That May Cause Conflict During a Divorce

Typically, the properties that are hardest to divide are those that have the highest value and that both parties rely on. These may include:

1. Retirement accounts: In Illinois, contributions to retirement accounts that were made during a marriage are usually considered marital property, even if the account is listed in one party’s name or funded through contributions from one party’s paycheck. The necessity of dividing a retirement account can affect both party’s retirement plans, and it can result in significant losses if you are not careful about how you divide it. Many retirement accounts must be divided in accordance with a Qualified Domestic Relations Order (QDRO) to prevent early withdrawal penalties and other tax implications.
2. The couple’s home: A home that you and your spouse shared during your marriage may be your most valuable marital asset, and it also often comes with strong emotional attachments, especially when you have children who feel secure in the home. Many couples try to arrange for one party to keep the home after the divorce, but it is important to keep in mind associated expenses like mortgage payments, utilities, and property taxes, in addition to the home’s value.
3. Businesses: A business bought or founded by either spouse during the marriage is also usually considered property of the marital estate. If one party is more invested in the business and wishes to keep it in the divorce, he or she will likely have to give up other assets to achieve an equitable distribution. A family business in which both parties are involved can be even more complicated, as you may need to arrange for a buyout of one party’s share or determine whether it makes sense to remain co-owners and business partners.

Contact a DuPage County Property Division Attorney

If you are concerned about your property interests and the financial impact of your divorce, the attorneys at Mevorah & Giglio Law Offices can help. We will work with you to reach a fair resolution that prevents you from experiencing excessive hardship. Contact a Lombard, IL divorce lawyer for a free consultation at 630-755-6426.

Getting a divorce is a major, irreversible decision that affects nearly every aspect of a person’s life. That said, some individuals and couples are confident that a divorce is the best option to free themselves from a failed marriage and make it possible to move forward with their lives. However, if you are not so sure that divorce is the right choice, you do have another option in Illinois in the form of legal separation.

What Happens in an Illinois Legal Separation?

In order for a legal separation to begin, you and your spouse must be living separately, and one or both of you must submit a petition to the court. As part of the judgment for legal separation, you and your spouse may need to reach an agreement on many of the same issues addressed in a divorce resolution, including spousal maintenance in a case of financial need, as well as child support and parental responsibilities if you and your spouse have minor children together. You can also choose to begin the process of allocating marital property, and in general, any new property that you or your spouse acquires after the judgment of legal separation will be considered non-marital.

Throughout the separation, you and your spouse will remain legally married, leaving open the opportunity to end the separation and reconcile. However, either of you can also choose to file for divorce at any point during the legal separation. This is a necessary step if either of you wishes to legally marry a new partner.

Getting a divorce often has major financial implications for both parties, stemming in large part from the division of marital assets and the transition from a combined family income to an individual income. If you are not careful, you could end up in a situation from which it is difficult to recover. An attorney can help you make good decisions throughout the legal process that protect your financial interests and can contribute to your long-term stability.

Tips for Addressing the Financial Challenges of Divorce

There are several things you can do both during and after your divorce to promote your personal financial stability. Here are some suggestions:

• Consider lower-cost methods of divorce resolution. If you and your spouse are open to communication and negotiation regarding your divorce agreement, an uncontested divorce is usually the most cost-effective approach. You may still have some costs, including the services of an attorney to advise you or a mediator to guide negotiations, but they will often be minimal compared to the high attorney fees and court costs associated with a protracted divorce trial.
• Think carefully about the division of assets and debts. Illinois law requires divorcing couples to equitably divide marital property, and in many cases, couples can work out this arrangement on their own. You should carefully consider not just which properties are most important to you, but also how the distribution will impact your overall financial situation. For example, even if you have a strong personal attachment to your family home, it may not be financially viable for you to assume the full mortgage obligation and property taxes without your spouse’s contributions. 
• Understand child support and spousal support. If you have minor children, one spouse will almost certainly be required to pay child support to the other, with the amount determined based on a calculation established by the Illinois Department of Healthcare and Family Services. Spousal support, on the other hand, is usually only awarded if one of the spouses has a demonstrable financial need. You should consider whether you are likely to be the paying or receiving spouse when planning for your post-divorce income and expenses.
• Create a personal budget. Whether or not you and your spouse had a clearly defined family budget during your marriage, it is a good idea to create a budget of your own after the divorce is finalized. This will provide you with a clear picture of your assets and debts, as well as your income and expenses, and help you implement a new savings strategy and determine whether you need to explore options for increasing your earnings, like going back to school or looking for a new job.

Contact a DuPage County Divorce Attorney

At the Mevorah & Giglio Law Offices, we work to protect your personal and financial interests during the divorce process, and we can advise you on many of the important decisions you will need to make. For a free initial consultation, contact an experienced Naperville divorce lawyer today at 630-420-1000.

For many people, one of the greatest concerns when considering a divorce is the possibility of a long and contentious trial with high financial and emotional costs. The good news is that it is often possible to avoid this outcome, and many divorcing couples are able to avoid a trial entirely by pursuing an uncontested divorce. This means that you and your spouse work together to reach an agreement on all important decisions in your divorce resolution. This option is not feasible in every situation, but it is well worth considering whether it could work for you and your spouse.

Questions to Ask Yourself About an Uncontested Divorce

When determining whether to move forward with an uncontested divorce, you should ask yourself the following questions:

• Are my spouse and I in agreement about getting a divorce? If the answer is no, your chances of an uncontested divorce may be eliminated right from the start, as you will likely face a legal challenge to even ensure that the divorce process can begin.
• Do I trust that my spouse does not wish me harm? If your spouse has been abusive or manipulative in the past, or if you believe that they may try to punish you during the divorce process, an uncontested divorce is not in your best interest.
• Am I able to communicate effectively with my spouse? If you find it hard to be in the same room with your spouse, or if your communication always devolves into emotional conflict, an uncontested divorce will likely be difficult. On the other hand, if you can communicate civilly, an uncontested divorce can be a great choice.
• Do my spouse and I have similar goals in the divorce? If you are both committed to similar priorities, like the well-being of your children or your mutual financial stability, an uncontested divorce will likely be successful. If you have severely conflicting interests, however, a trial may be your only option.
• Are there any complicated issues to resolve? Simpler divorces, such as those without any children or significant assets, or those that occur after a short marriage, may be better candidates for an uncontested divorce. Illinois even offers an option known as a joint simplified dissolution that some couples are eligible for.

Contact a DuPage County Uncontested Divorce Lawyer

Even in an uncontested divorce, an attorney can be helpful to advise and represent you during negotiations with your spouse and ensure you follow the correct legal processes. At Mevorah & Giglio Law Offices, we assist with all manner of divorces, and we can help you determine the approach that is best for you. Contact a Lombard divorce attorney today at 630-473-9685 to schedule a free consultation.

As a parent, one of the many important decisions you will need to address during your divorce is how parenting time will be distributed between you and your spouse. Even in the most amicable of divorces when both parties are committed to their children’s best interests, shared parenting time can still be challenging to manage. However, you can take steps both during and after the divorce process to make it easier.

Suggestions for Successful Co-Parenting

Taking the following suggestions into consideration can help you create and maintain a parenting plan that works for everyone involved.

• Consider both parents’ schedules. A successful parenting plan allows both parents to maintain a strong relationship with their children. When determining the parenting time schedule, it is important to consider when each parent will be working or attending to other commitments so that both of you can make the most of the time you have with your kids.
• Plan ahead for important events. It is usually a good idea to account for certain special occasions, like holidays, birthdays, and school breaks, when creating your parenting plan. You may decide to alternate years between parents for each holiday, or divide time every year. It can also help to discuss with the other parent in advance of an important event in your child’s life that may not be addressed in your parenting plan, so that you can decide the best way for both of you to be involved.
• Commit to consistency and timely transitions. The time surrounding your divorce can be stressful and uncertain for your children, and maintaining a consistent schedule for them can help them feel more stable. Try to create a schedule that you can stick to, and make plans for transportation between households such that you are not cutting into the other parent’s allocated time.
• Be open to modifications. The parenting time schedule you create during your divorce may not always be viable as time goes on and your family’s routines and needs change. If you find that the current arrangement is not working, try to talk to the other parent about agreeing to a modification that suits both of your needs, and filing it with the court for approval.

Contact a DuPage County Parenting Time Attorney

At Mevorah & Giglio Law Offices, we have assisted many families with the creation of parenting plans, and we can work with you to help you reach an agreement on parenting time that protects the interests of you and your children. Contact an experienced Naperville family law attorney to request a free consultation at 630-420-1000.