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630-575-8585

2015 Spring Road, Oak Brook, IL 60523

Top Chicago Area Divorce Lawyers

IL divorce lawyerFor many divorcing couples, it is hard to say exactly when the relationship is over. Many couples experience marital problems for months or years before they start the divorce process. Spouses often live apart or lead separate lives within the same household long before they actually file for divorce. If you are in a situation like this, you may have questions about the timing of your divorce petition. Should I file for divorce sooner rather than later? Is there a benefit to waiting to file for divorce? The answers depend on a multitude of factors, so it is best to receive personalized advice from an experienced divorce attorney.

Illinois Waiting Period for Divorce

In Illinois, at least one spouse has to be a resident of Illinois for 90 days before either spouse may file for divorce. If you and your spouse agree that “irreconcilable differences” have led to the “breakdown” or collapse of your marriage, there is no waiting period for filing the divorce petition. If your spouse disagrees with this assertion, living separately from your spouse for six months creates an automatic presumption that irreconcilable differences have caused a marital breakdown.

When You File Can Influence Child Custody, Property Division or Alimony

The date you file for divorce, or “Petition for Dissolution of Marriage,” marks the end of the marriage for the purposes of calculating spousal maintenance or alimony. The duration of Illinois alimony payments is typically based on the duration of the marriage so the longer you hold off filing, the longer your marriage will be for alimony calculations.

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IL divorce lawyerDivorce is much more common than it was in previous decades. Nevertheless, divorce can still have a profound impact on children. If you are a parent and your marriage is nearing its end, you may understandably be worried about how the separation will affect your children. You may wonder if there is anything you can do to help your kids cope with this stressful life event. Fortunately, there are many resources for parents in this situation. A good deal of research has been conducted about how children process the divorce and what parents can do to lessen kids’ emotional turmoil.

Telling Your Children About the Split

Experts agree that it is best to plan for the “divorce talk” ahead of time. Do not tell your children about the separation or divorce until you are sure of it. Sit your children down together with your spouse if possible. Calmly explain that mom and dad will not be living together. You may need to assure your children that the separation is not their fault and that they are still loved and cared about. Children have various reactions to the news of divorce. Some need space to cool off, while others need immediate hugs and reassurance.

Avoid Letting Children Hear Arguments with Your Spouse

The process of ending your marriage may be contentious and legally complex. One of the best things you can do during this difficult time in your children’s lives is shielding them from adult conversations regarding divorce. If you and your spouse need to have a difficult discussion about dividing property or spousal maintenance, try to discuss the earshot of your children. Studies show that children are deeply affected by parental arguments and fights.

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IL divorce lawyerMany people aspire to notoriety. However, few realize that there are also downsides to being in the public eye. Many recognizable individuals find themselves subject to public scrutiny and privacy violations. If you or your spouse are well-known, you may have concerns about how you can protect your privacy during divorce. The end of your marriage is a deeply personal matter, and it should never serve as entertainment or gossip for others. Fortunately, there are several steps that you can take to protect yourself in a high-profile divorce.

Consider Using a Non-Disclosure Agreement

A confidentiality agreement or non-disclosure agreement is a contract that requires parties to keep certain information confidential. During your divorce, you will likely share detailed information about your real estate holdings, investments, businesses, and other assets. You will also share information about any debts and liabilities you are subject to. Keeping private financial information like this confidential is a top priority in a high-profile divorce. Furthermore, information about your personal life may come to light during a divorce. Medical and psychological records, the results of child custody evaluations, and information about marital infidelity are just some examples of the personal topics that may be brought up during the divorce. A confidentiality agreement can be used to prohibit third parties from divulging confidential information. If a party violates the contract, the non-breaching party may be entitled to legal remedies including monetary damages.

Alternative Resolution Methods May Help You Avoid a Divorce Trial

When a divorcing couple cannot agree on property division, child custody, spousal maintenance, or other divorce issues, the case may go to trial. Most civil trials are a matter of public record. This means that your personal information may be available for anyone to view. If you can reach an out-of-court settlement through an alternative resolution method, you can avoid going to trial.

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IL divorce lawyerDivorce cases vary as wildly as marriages do. Some divorce cases are relatively straightforward. The couple is able to agree on the terms of their divorce, file the paperwork with the court, and walk away. Other divorces involve complicated financial disagreements, hostile child custody disputes, or spouses who insist on divorce terms that are grossly unfair. High-conflict divorce cases such as these are often much more involved than typical divorce cases. Read on to learn about some of the signs that you may divorce may be high conflict.

Issues that Often Lead to High-Conflict Divorce

For divorcing spouses, it can be hard to know what the divorce process will look like. Many spouses hope that their soon-to-be-ex will freely hand over the needed information, agree to reasonable terms, and resolve the divorce quickly and amicably. Unfortunately, this is not always the case. Some signs that your divorce may have a high degree of contentiousness include:

  • Lying about money – If your spouse has a history of lying about money during your marriage, this could be a sign that he or she will falsify financial data during divorce. Some spouses attempt to shield assets from division during divorce by transferring or undervaluing assets, underreporting income, or falsifying business financials. Financial deception can also heavily influence child support and spousal maintenance concerns.
  • Cheating – Although Illinois is a no-fault divorce state, marital infidelity can still have a major effect on divorce. Couples with a history of cheating may have a very difficult time working cooperatively. Some spouses may even use the divorce as an opportunity to seek revenge for past wrongs.
  • Parenting arguments – If you and your spouse have dramatically different ideas of what “good parenting” looks like, you may find it nearly impossible to reach an agreement about the terms of your Illinois parenting plan.
  • Narcissism – The term “narcissist” may refer to a person with a narcissistic personality disorder or someone who exhibits characteristics associated with the disorder. Narcissists are typically characterized by grandiosity, exaggerated self-importance, lack of empathy, and a sense of entitlement.
  • Refusal to compromise – Some divorcing spouses are intent on “winning” the divorce at all costs. They refuse to agree to even the most generous compromises, intentionally drag out the divorce process, and make the divorce as difficult as possible.

Contact a DuPage County High-Conflict Divorce Lawyer

You do not have to face a high-conflict divorce alone. The knowledgeable Hinsdale divorce attorneys at Botti Marinaccio, LTD. can provide the tenacious legal advocacy you need to assert your rights during a contentious divorce. Call us at 630-575-8585 today for a confidential consultation.

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Cook County divorce attorney asset division

Per Illinois law, divorcing spouses have a right to an equitable share of the marital estate. Spouses also have a right to fair child support and/or spousal support arrangement. However, to get a fair divorce resolution, an accurate and complete inventory of the spouses’ finances must be obtained. When spouses have complex or high-value assets or are unwilling to be truthful about property and debt, securing the financial information needed to reach a fair divorce settlement or judgment is particularly complicated. Forensic accounting is a process during which a detailed examination of a spouse’s finances is taken, assets are valued, and evidence of financial deception is uncovered.

Your Lawyer May Work with a Forensic Accountant to Interpret Complex Financial Portfolios

A forensic accountant is an accountant with strong investigative skills. Forensic accountants are often utilized during the discovery portion of the divorce process to evaluate financial records, scour financial documents for signs of deception, trace assets, appraise a spouse’s business, or find hidden accounts. Forensic accountants may also testify about financial issues during a divorce trial. A divorce lawyer experienced in cases involving complicated financial matters may work closely with a forensic accountant to ensure that an accurate, complete assessment of a spouse’s finances is conducted.

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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