When most people think of divorce, they think of a long, drawn-out dramatic saga played out in court for all to see. While most divorces are intensely strenuous and emotionally grueling, uncontested divorce offers a less antagonistic option to the dissolution of a marriage. Does that mean hiring a lawyer is not necessary? Well, not quite.

An uncontested divorce simply means that both parties have come to an agreement on all aspects of the divorce, including property division, child custody, and support arrangements. But coming to an agreement in principle and reaching a legally binding divorce settlement created with your best interests in mind is a separate thing entirely. As a result, it is absolutely necessary to hire an attorney, even for uncontested divorces.

Here is Why You Still Will Need an Attorney

An uncontested divorce is a generally faster and simple process, yet it is still strongly recommended that you hire an attorney. Think of your attorney not only as a source of profound legal knowledge and understanding but also as your personal advocate. As a legal professional, your attorney will ensure the decisions you are making are in your best interests. They will help you understand the legal implications of the decisions you are making and ensure that everything is completed properly so that there are no issues in the future. Your attorney can also help you negotiate any outstanding issues that may arise during the process to ensure a smooth transition in your new life.

Illinois divorces are essentially dissolution of marriage suits, which require a range of objectives to be satisfactorily resolved before granting each spouse a clean legal break from the other. One essential objective for the court during a divorce is the issue of temporary relief in the context of spousal support. Many residents in Illinois are often unaware of the importance and significance of this type of spousal support and how it works. Hire a divorce attorney to ensure you understand how temporary spousal support works in Illinois.

This is What You Need to Know

Firstly, the purpose of temporary spousal support is to maintain the defendant’s standard of living while the case is pending. Such terms provide a spouse with alimony that enables that partner to maintain and provide for their economic needs until the divorce case is concluded.

Secondly, Illinois considers multiple factors before granting or not granting temporary alimony to a dependent spouse. These factors may include the income and resources of both parties, the length of the marriage, and the health considerations of each party.

Dividing marital assets during a divorce can be tricky. For couples with substantial wealth or high net worth, divorce often involves complex assets such as investments, stock options, savings for retirement, businesses, and professional practices, digital assets, and real estate. Even assets such as jewelry or artwork can present challenges when it comes to the valuation and division of these assets. Working with a skilled divorce lawyer experienced in complex financial issues is essential for these types of divorce cases.

Classifying, Valuing, and Dividing Marital Assets

During many divorces, a couple's assets are a combination of marital and non-marital assets. Any assets acquired before the marriage are non-marital assets, while assets acquired during the marriage are marital assets. However, classifying assets during divorce is rarely this straightforward, and numerous exceptions exist.

Once assets have been identified and classified, the spouses may need to have certain assets professionally appraised. For example, a business valuation expert may be required to correctly determine the value of a spouse’s business or professional practice. A professional appraiser may be needed to determine the worth of jewelry, fine art, or collectibles.

The court urges parties involved to settle their differences during divorce cases. It is crucial for parties going through a divorce to come in with an open mind and be willing to negotiate and compromise. However, the court is aware that there are specific circumstances where a court intervention may be necessary. An example of this may be domestic violence against a spouse or children. Domestic violence can take various forms, whether it be physical abuse, emotional abuse, sexual abuse, or even financial abuse. Working with an experienced divorce attorney can help you understand how this can impact your case.

Custody and Visitation

Domestic violence will impact custody and visitation significantly. As always, the judge will consider the child’s best interest when deciding on visitation and custody matters. The court believes there should be cooperation and involvement between parents when deciding what is best for the child. There is little chance that a court will deny parental visitation for a child; if it comes to it, the visitation may be supervised or occur in the home of an adult the child trusts. However, if the court believes that a child may be endangered by allowing this, then the court will likely deny unsupervised visitation. If you are being accused of domestic violence, knowing what that means for yourself and the child involved is crucial.

Order of Protection

If you have experienced abuse from a spouse or have seen abuse or harassment committed against your children or other family members, it may be in your best interest to file an order of protection. This will force the abuser to stay away from those they have abused. To file this, you must be able and willing to share evidence to back up your claims of domestic violence during a divorce case. Some examples of evidence include; text messages, emails, photos, police reports, and medical records. A parent or adult you trust can file this on your behalf if you are a minor.

Marriage is a sacred bond between two individuals committed to living together. However, with the rise in divorce rates, couples are increasingly turning to prenuptial agreements, or prenups as they are popularly called, to protect their assets and financial interests in case of a separation or divorce. For those unaware, a prenuptial agreement is a legal document that outlines the distribution of assets and liabilities in the event of divorce or death of one of the spouses. If you are considering signing a prenup, it is essential to understand the situations where it makes the most sense. To ensure signing a prenup is in your best interest, consider consulting with a divorce attorney to ensure your position is well suited for signing into such a prenuptial agreement.

Scenarios Where Signing a Prenup May Be a Good Idea

Here are some scenarios where signing a prenuptial agreement makes the most sense, including:

• Unequal financial status – If one spouse has significantly more assets or liabilities than the other, a prenuptial agreement can help protect their financial interests. For instance, if one spouse has a successful business, they may want to ensure that their partner does not have a claim to it if the marriage ends. Moreover, if both spouses have a business, a prenuptial agreement may make a lot of sense in preventing each other from having a claim in each other’s businesses.
• Second marriage – If either spouse has been previously married, a prenuptial agreement can ensure that their assets from the previous marriage are protected. This is especially important if there are children of the prior marriage who may have a right to the assets.
• Protecting inheritances – If one spouse is expecting an inheritance in the future, they may want to ensure that it remains their separate property in case of a divorce or death. A prenuptial agreement can help protect the inheritance from being divided in a property settlement.
• Debt protection – If one spouse has significant debts, they may want to ensure that their partner is not responsible for paying them off in case of a divorce. A prenuptial agreement can help protect both spouses from having to pay off each other’s debts.

Contact a Cook County Divorce Attorney

With so much to consider, it is understandable if the idea of a prenup seems daunting. However, consulting with a skilled attorney can significantly simplify the process. Contact the experienced Rolling Meadows divorce lawyer with The Law Offices of Curtis Bennett Ross, L.L.C. for effective legal representation. Call 312-984-1514 for a free, limited consultation.