Palatine Divorce Lawyers
Divorce is the legal process of dissolving a marriage. When two people marry, any property acquired during the marriage is considered property of the marital estate. Essentially, marriage is the legal process by which a couple is treated as a single individual for economic purposes. Divorce is the legal process of dividing the marital estate in addition to settling other issues important to the marriage. The following are important issues that need to be settled during the divorce process.
Types of Divorces in Palatine, IL
Depending on a number of factors, you have choices as to the type of divorce you will want to pursue. While most folks would probably prefer an uncontested divorce, the stars have to align just right for that to happen. Couples with a lot of assets will need to consider carefully how they approach the matter, as each option could have its own drawback.
- Uncontested divorces – Uncontested divorce refers to a complete filing presented by both stakeholders in a marriage. When the couple can reach an agreement independently of a court ruling, they can present a divorce decree to the court. The court will look over the decree and if it does not offend the spirit of the law, your divorce can be finalized. It is the cheapest and fastest way to get a divorce, but may not be appropriate in all situations. High-asset couples typically choose to settle their differences in this manner to avoid making their asset holdings public knowledge.
- Mediation – Mediation, collaborative law, and litigation all refer to the manner in which the divorce is settled. Mediation involves one lawyer acting as a neutral mediator for the couple. With the help of the mediator, the couple reaches an agreement that is amenable to both parties.
- Litigation – These are the types of divorces you see dramatized on television. They are adversarial proceedings where each attorney represents the interests of their client and a judge is tasked with deciding matters related to alimony, property division, child support, and custody. Since the judge is making the decision, the proceedings are a matter of public record.
- Collaborative divorce – Very few divorces go through mediation with all issues resolved, but that does not mean you have to tear out each other’s throats to get a decent settlement. Collaborative divorce fills the gap between mediation and litigation. Here, both parties commit to the collaborative divorce process and sign a contract. Any violation of the contract results in the termination of the collaborative divorce process, and the divorce heads into litigation.
Which Type of Divorce is Right for Me?
You will need to reach that decision with the help of a skilled attorney. SAM LAW OFFICE LLC can help determine what type of divorce is appropriate to your situation. Call today to schedule an appointment and discuss your concerns and aspirations in greater detail.