How To Prepare When You Know Divorce Is Coming

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
  • Vehicles
  • Household goods
  • Retirement accounts
  • Bank accounts
  • Pensions
  • Investments
  • 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.

How To Talk To Your Children About Divorce

When you get divorced, telling the children is one of the most challenging parts. However, many people and their kids have gone through a divorce and dealt with the challenges, and you can, too. Keep reading to learn how to talk to your kids about divorce, and contact our divorce attorneys in DuPage County if you have legal questions.

Plan What You Will Tell Them

Psychology Today stresses the importance of putting your kids first when talking about divorce. This means carefully planning what you say and not allowing hurt or anger to come through. Experts recommend telling them on a Friday or Saturday evening. However, you should not tell them the news on a holiday or before they go to bed or school. They will need some time when they are not rushed to process and accept the news.

Tell The Kids Together

You should tell the kids simultaneously so they do not hear the news from the other sibling you told first. If your children are of different ages, share the basic news, then tell them more information separately that is age appropriate.

Do Not Blame

Remember, the focus is on the well-being of your children, so do not blame your spouse for what is happening. If you attack the other party, your children will feel stuck in the middle. Instead, try to focus on the conversation on ‘we,’ meaning you and your spouse, such as ‘we are not happy together anymore,’ or ‘we both want to stop arguing, and it is best if we get away from each other.’

How Much Divorce Information Is Too Much?

Another issue is how much you should tell your kids about what is happening. The kids’ ages and level of maturity are significant factors that determine the information you give them. Here are some helpful guidelines:

Small Children

Children younger than grade school usually do not fully understand the situation, its finality, or that each parent will still love the child if the home situation changes. Therefore, when you tell young children, you should use language that tells them you and your ex still love the children, and that will never change.

Grade-School Kids

Kids in grade school have a better understanding of divorce, but younger ones still might not understand it is not their fault. They also may think often about their parents getting back together, even when that is unlikely. So when you tell the kids you are splitting up, tell them how you feel about it clearly and calmly so they see an excellent way to process how they feel.

Teenagers

Teens may get upset about a divorce and feel resentful or frustrated. When you tell them, ensure they know you do not want them to hide their feelings about the situation. Also, communicate to them what is acceptable regarding how they express any negative feelings about the divorce.

Call Our Divorce Attorneys In DuPage County Today

If you are going through a divorce, it is difficult to have the best outcome without the assistance of an attorney. Speak to our divorce attorneys in DuPage County at Covert Marrero Covert LLP at (630) 717-2783 for legal assistance.