Divorce Attorney Schaumburg
If your marriage is on the rocks and your differences are irreconcilable, you are likely weighing your options for divorce. If divorce is on the horizon, you will want to approach the situation knowing as much as you can so you can make the best decisions for yourself and your family. The following are some of the important matters you will need to consider and how a Schaumburg divorce attorney can help.
Types of Divorce in Illinois
On television and in movies, you generally only see litigated divorces. That is because litigation is high-conflict and makes for great drama. In reality, most divorces do not need that type of aggressive approach. Litigation costs more, takes longer, and escalates the tensions between you and your spouse. Even more problematic, your assets and arguments are now on the public record. Chances are, you would like to avoid a protracted period of costly, high-conflict litigation. Your other options include:
- Uncontested versus contested – Uncontested divorce allows both parties to essentially present a unified front to the judge. The couple presents an already-resolved divorce decree to the judge who ideally will sign off on the agreement and allow both parties to leave the marriage in peace. Unless both parties can agree on all major issues, an uncontested divorce is unlikely.
- Mediation – Mediation refers to the manner in which your divorce is handled. Mediated divorces have a neutral third party who helps to negotiate an agreement between both spouses. Once the agreement is reached, the parties may present an uncontested divorce filing to the court.
- Collaborative divorce – Somewhere between mediation and litigation is collaborative divorce. Most legal processes are adversarial. But adversarial law does not always work best. Collaborative law is a different approach. Both parties sign a contract agreeing not to sue one another or threaten to sue and to make a good faith effort to work out their disagreements. Each party has their own attorney, but the attorney’s job is to help both parties reach an amenable resolution. Other experts may be brought in such as accountants, child psychologists, and others to resolve the situation.
Issues Requiring Resolution in Divorce
Before your divorce is finalized, you and your former spouse will need to either reach an agreement or have a judge decide the matter for you. Important issues that need to be decided include:
- Spousal support, alimony, and property division – These issues become exponentially more complex the larger your estate is. Businesses, high-value assets, real estate, investments, and retirement accounts will all need to be appraised because they belong to the marital estate and are subject to distribution.
- Child custody and parenting time schedules – Decisions will need to be made concerning where your children reside post-divorce and when the non-custodial parent can spend time with their children
- Child support payments – Regardless of whether or not the other parent has parenting time privileges, they are required to pay for the support of their child.
Talk to a Schaumburg Divorce Attorney
If your marriage is nearing its end, call the attorneys at SAM LAW OFFICE LLC today to schedule an appointment and discuss your situation in more detail.