Getting a divorce is a complicated emotional process, but many people underestimate the legal and financial complexities. Between the stacks of paperwork, asset division, and potential disagreements about child custody and support, it is easy to feel overwhelmed. But the tips in this article can help the divorce process go more smoothly.
If you have questions about divorce, our DuPage County divorce lawyers can help. Covert Marrero Covert LLP, routinely handles divorce and family law cases, such as contested and uncontested divorces, child custody and support, alimony, visitation, and prenuptial agreements.
Get A Divorce Attorney
You will need a DuPage County divorce lawyer when you are certain divorce is imminent. It is faster and less expensive if you and your partner can settle the divorce without litigation, often known as an uncontested divorce. Even if you have an uncontested divorce, you will likely need an attorney to handle the process.
Your attorney also can advise you about many critical divorce issues, such as whether it is worth going to court. For example, is it worth it if you want the Mustang in the divorce and it costs you $20,000 in legal fees to get it? On the other hand, spending thousands to get primary custody of your child is likely more important.
Some divorces can be settled with mediation, and your attorney can advise you. A third-party, objective negotiator handles mediation to settle the more contentious aspects of the divorce.
Collect Financial Information
The next step is understanding where you stand financially, which is critical for dividing assets during the divorce. Illinois is an equitable property division state, meaning that marital property is split equitably, not necessarily equally. An asset or debt is considered marital property if obtained after the marriage but before the divorce date. Some of the assets that you should think about to prepare for property division in divorce are:
- The marital home
- Other properties you own
- Household goods
- Retirement accounts
- Bank accounts
- Life insurance policies
Your divorce attorney will help you understand which assets are subject to property division during the process. Some assets could be commingled – marital and separate property – and negotiations may need to be negotiated to divide these assets equitably.
Understand What You Owe
Marital debt is also split equitably in Illinois, so you must understand what you owe as a couple. Collect all account statements showing the balances due and give them to your attorney. This includes mortgages, car loans, student loans, credit cards, personal loans, etc.
Show Your Income
You must document the income for both parties. Assuming you are both full-time workers, paystubs and two years of income tax returns should suffice. Showing each party’s income will be important in determining if spousal maintenance will be paid.
Speak To Our DuPage County Divorce Lawyers Today
Following this blog post’s advice may ease the process if you are getting divorced. For case-specific information about divorce in Illinois, contact our DuPage County divorce lawyers at Covert Marrero Covert LLP at (630) 717-2783.