Elgin Family Law Blog

There are three stages to a divorce. The first is filing. The next is discovery, which involves both spouses sharing all financial information. Finally, the last is disposition, which may involve mediation or going to court. People in Illinois may be able to make this process less stressful by preparing ahead of time.

The most important preparation may be making sure that divorce is the best solution. Research into state divorce law may help with this decision. Once a person has decided, the next step should be getting important paperwork together. This should include ordering credit reports as well as getting copies of tax returns, mortgage information and any other relevant financial records. With this information, a person can create a post-divorce budget. Having a budget and thinking about goals after the divorce can help a person determine how to approach negotiations. People should also close any accounts shared with a spouse.

In determining who should have custody of a child after a divorce in Illinois, judges generally base their decision on the best interests of the child. Many factors are relevant in determining a child's best interests, and there are no hard-and-fast rules. In general, courts look at which parent is better able to provide consistency and limit the amount of disruption in the child's life.

The child's age is often relevant in determining custody. Younger children require more hands-on care, so the children's primary caregiver is often favored in custody disputes. Courts may also consider the child's wishes in determining custody, particularly if the child is older. Safety is a critical factor in determining child custody. If one parent is abusive or lacks the physical or mental capacity to act in the child's interests, then courts usually will favor the parent who is able to meet all of the child's needs.

Dealing with the family home can be a difficult topic when Illinois couples decide to divorce. Unlike a bank account or a retirement fund, it is far more difficult to divide property. In addition, property division that involves real estate can carry an emotional cost that goes beyond the significant financial expenses involved in a divorce. People may feel emotionally connected to the family home, especially if they are parents who have raised their children there. Because of the complications of handling the home in divorce negotiations, many couples decide to sell their home as part of the settlement.

In many cases, this can ease the financial aspects of the divorce. Any remaining mortgage can be paid off with the proceeds from the home sale and the proceeds divided between the two partners to use toward their respective new accommodations. At the same time, however, those emotional bonds may lead many divorcing spouses to seek to keep the family home. There are some challenges that must be considered in order to prevent further difficulties from arising.

Illinois residents and others who are ending their marriages may benefit from having a divorce coach. The divorce coach helps an individual gather information or get ready to meet with an attorney. A coach may also help a person face a divorce with confidence or greater self-esteem. In some cases, working with such a person will allow a divorcing individual to identify and prioritize issues that will be present in their case.

Another possible advantage of working with a coach is that it can make the divorce less expensive. This is because it generally takes less time to end a marriage when an individual is organized. Divorce coaches may also act as a support system for those overwhelmed by the prospect of their marriage coming to an end. While friends and family members may try to offer good advice, a coach may provide information that can be used in a specific matter.