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DuPage County Attorneys

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

CHICAGO

105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100

NAPERVILLE

1730 Park Street, Suite 202, Naperville, IL 60563

Phone: 630-420-1000
Subscribe to this list via RSS Blog posts tagged in contested divorce

Naperville Contested and Uncontested Divorce LawyerWhen considering divorce, people are often concerned about two main points: the disruption that they and their children will experience in their lives and how much the divorce will cost. While one cannot overlook or discount the emotional pain that comes with the end of a marriage, financial issues can also be an important components of a divorce case. The costs involved in a divorce can vary significantly depending on the situation and the couple involved. Many circumstances, such as difficulties with the division of assets, can increase the overall cost of a divorce. Contentious divorces typically cost more than amicable ones. In short, couples who are concerned about the cost of divorce are encouraged to look for ways and opportunities to minimize their expenses.

Litigation Versus Negotiation

One of the biggest factors that can be controlled in a divorce is the choice to resolve issues as amicably as possible. Divorces that are litigated in the courtroom tend to be more costly than those that are negotiated, but even a mediated divorce can become quite pricey - especially if the negotiation process does not work out. However, in most cases, couples can reduce the costs of divorce by negotiating a settlement outside of the courtroom.

Dividing Marital Assets

During divorce, spouses must divide their assets and belongings according to what is considered “fair and equitable.” Of course, the idea of what is fair can be subjective. What one spouse might consider equitable may seem disproportionate to another - particularly if one spouse chose to stay home to care for the couple's children or suffered from health-related issues that kept them out of the workplace. This is just one example of why it is important to have an attorney who can protect your interests in the division of marital assets.

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Bloomingdale high conflict divorce attorneyDespite the misconception that divorce is often a hastily-made decision, many couples will go to extreme lengths to avoid ending their marriage. They go to therapy, attend marriage counseling, or supplement their efforts with anger management or parenting classes. Unfortunately, despite these efforts, couples must sometimes come to terms with the fact that divorce is their best option. While each situation is unique, there are some common threads between couples who eventually do call it quits.

Painful Conflicts That Often Lead to Divorce

For many couples, efforts to resolve marital problems may ultimately prove futile. In marriages involving the following issues, couples may feel that it would be best for everyone involved to end the marriage and get divorced:

  • Abuse - When one spouse has inflicted physical, emotional, or financial harm on the other, this can be difficult to overcome in a marriage. Trust is broken, and the relationship may never recover. Even if an abusive spouse receives therapy or a couple works with a marriage counselor, it can be easy to fall back into old habits. In these cases, it can be difficult (if not outright impossible) to repair a relationship. Under these circumstances, divorce may be the most appropriate path to ensure the safety and well-being of all involved parties.

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Naperville dissolution of marriage lawyer

In Illinois, marriage dissolution, or what is most commonly referred to as divorce, is the sole means by which a couple can legally terminate their marriage. The termination itself requires a judgment entered by the court, which a judge will issue after the couple agrees to the terms of the divorce. If the couple cannot reach an agreement, then a judge will decide the marital and child-related issues, including the allocation of parental responsibilities and other matters, such as division of property and assets or spousal maintenance (alimony). It is not unusual for one of the spouses to decide to move out of state while the divorce proceedings are going on. In some cases, circumstances such as a job transfer make the move necessary. In other scenarios, however, a spouse may decide to move in an attempt to get a better outcome or even contest the divorce. 

Challenging the Final Divorce 

Your spouse moving out of state during divorce proceedings should not prevent your divorce from becoming final. This is because once you meet the requirements for filing for divorce in Illinois, your divorce proceedings will continue until the divorce is made final by the court entering a judgment in your case.

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domestic violence safety, DuPage County family law attorneysThere is no shortage of do-it-yourself divorce information on the internet. You can even download forms for little to nothing. Now, there are smartphone applications that claim they can help you successfully achieve a divorce. But do these options actually deliver? More importantly, should you even attempt to go through with a do-it-yourself divorce? Once you know the risks and dangers, the truth is that these do-it-yourself options often seem less appealing.

Do-It-Yourself Divorce Mistakes

Divorce attorneys spend years going to school to learn the complexities of the law. Once they graduate, committed attorneys continue their education by constantly staying informed and on top of all changes, modifications, and new limitations in their state. Logically speaking, all of this time and effort would simply be a waste if a divorce were easy. Furthermore, there would be no need to pursue years of education to simply fill out and file a few forms.

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Illinois divorces can generally be classified as either contested or non-contested. When one partner doesn’t want a divorce, this constitutes a contested divorce. Yet even if the parties agree to divorce, there are other issues that can make the divorce contested, including disagreements over child support, child custody, or division of marital assets and debts. When there are no conflicts in any legal aspect of the divorce, the divorce is considered uncontested.

Chicago divorce attorney

For an uncontested divorce in Illinois, the soon-to-be-exes must be in complete agreement over things like spousal support (alimony), child custody and support, and how property should be divided. Unless a divorce settlement can be reached, In a contested divorce, the disputed issue will generally be decided by the court. Even in an uncontested divorce, the agreed-upon terms must be approved by the Illinois divorce court.

In the majority of Chicago divorce cases, the spouses split their attorneys fees. This means that even if you don’t want to get divorced, you will most-likely still be responsible for hiring and paying for a divorce lawyer. However, in some cases – particularly when there is a large discrepancy between the spouse’s income – the spouse with the higher worth will be ordered to pay for all or a portion of the other spouse’s attorneys fees.Many times, the court decides to split the cost of the divorce in a ratio that takes into account each party’s income.

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Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 40 years of experience helping clients throughout Northern Illinois from four offices in Lombard, Bloomindale, Naperville, St. Charles, and Chicago.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah Law Offices LLC to find the attorney they need.

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