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Posted on in Divorce

Kane County uncontested divorce attorneyDivorce does not have to be bitter and expensive. In many cases, a couple has the basic agreement worked out before the divorce is even filed. This is generally known as an uncontested divorce, and such a resolution may be possible if you and your spouse are able to work together amicably. It is a good idea, however, to ask a qualified divorce attorney to at least review your agreement before you submit it to the courts.

Advantages of Uncontested Divorce

An uncontested divorce means that the two sides have no issues to argue over. They file jointly for a divorce and ask the court to approve the agreement they have already worked out. In some cases, the agreement may need to be amended slightly to address minor details, but the spouses have agreed in principle to make it work.

The main advantages of an uncontested divorce are that the two sides save themselves time, frustration, and money by agreeing to everything in advance. While both sides should have the help of a lawyer in drafting and reviewing any agreement, the attorney fees will often be much lower than in cases with multiple court hearings and piles of legal documents drafted.

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Kane County alimony lawyerIn today’s world, many married couples rely on two incomes to live comfortably. Getting a divorce means you are no longer using two incomes to pay bills, as you will likely have to make ends meet with your paycheck alone. For some, this may not be a big deal, but for others, it can make supporting themselves very difficult. This is where spousal maintenance could be very helpful. 

Also known as spousal support or alimony, spousal maintenance is either established by an agreement between the spouses or ordered by a judge based on the circumstances of the situation. Maintenance is typically used to allow both spouses to continue a reasonably similar quality of life compared to what they had when they were married.

Factors in Determining Alimony

Spousal maintenance is not guaranteed in all Illinois divorce cases. Absent an agreement between the parties, spousal maintenance will only be awarded when it is needed to make a divorce settlement more equitable. When making determinations about spousal maintenance, the judge will examine the marriage and divorce and will use a specific set of factors to make a decision.

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St. Charles IL divorce lawyerThe prospect of divorce is never an appealing one, especially when it feels as though so much is at stake for both parties. From saying goodbye to the relationship and months or years of memories you and your spouse share to dividing belongings and making new living arrangements, the outcome of any divorce, no matter how large or small, results in sacrifice. The experience can be even more emotionally taxing when children and pets are involved, further complicating the question of whether or not to officially call it quits.

Signs You May Be Able to Reconcile

Marriage and family relationship experts identify certain factors that may make reconciliation possible, should both parties be willing to work on the relationship. These include mutual love and trust, good communication, and a sense of safety where both parties are concerned. A sense of safety can manifest itself in a number of ways, including mentally, physically, emotionally, or financially. Other signs that you may be able to salvage your marriage are the presence of shared interests and obvious reciprocal partnership. If you are both faithful to one another, express genuine commitment to the marriage, and possess active, common interests, it may be beneficial for you both to explore the option to stay together.

Indicators it May Be Time to Leave

Some red flags that experts consider unredeemable hindrances to a marriage include a lack of common goals or shared interests, infidelity, and a general lack of trust. The absence of trust harms a partner’s sense of safety and security, and if there is no sense of safety present in the marriage, an ongoing, unhealthy balance exists. A pattern of pathological dishonesty is another big indicator that it may be time to leave. It is usually a combination of these negatives that causes the quality of the marriage to deteriorate over time, finally bringing the unhealthy nature of the relationship to one or both spouse’s attention. For some, the realization hits hard and fast, while it slowly sneaks up on others. 

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How Is Spousal Maintenance Calculated in Illinois?For many couples, getting a divorce can be a big financial burden. Going from being a dual-income family to having to run a household on one income can be tough on anyone. In situations in which one spouse may be greatly disadvantaged financially after a divorce, a judge might deem it appropriate to award that person spousal maintenance. In Illinois, spousal maintenance, which is also known as alimony or spousal support, is calculated using a specific formula, and it usually only lasts for a specific period of time. If you are getting a divorce, you should understand the basics of Illinois spousal maintenance.

Calculating Spousal Maintenance

If a spouse is awarded spousal maintenance, the formula set forth by the Illinois Marriage and Dissolution of Marriage Act (IMDMA) will be used to determine the amount of the maintenance award. The formula applies to any couple whose combined gross annual income is less than $500,000. The formula is as follows:

  • 33.3% of payor’s net income - 25% of payee’s net income = Maintenance award

The law also states that the amount determined in that formula is not permitted to be more than 40 percent of the combined gross income of both spouses. The length of time the maintenance award is paid depends on the length of the marriage. The IMDMA sets forth a list of multiplying factors that determine the payment period.

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5 Tips to Help You Prepare Your Finances Before Your Illinois DivorceIt has often been said that preparation is the key to success, and getting divorced is no exception. Most areas of your life will change after a divorce, including your living situation and parenting situation. Even though your divorce is an emotional process, it is just as much a legal and financial process.

Dealing with marital finances during a divorce can be tricky, especially since financial issues are often the root of disagreements during divorce negotiations. Proper preparation is crucial when it comes to the financial side of your divorce. Here are a few ways you can prepare your finances before you begin negotiations:

Tip #1: Collect Your Records

The first thing you need to do is to gather all of your financial information from the past couple of years. This can help you get a good idea of your financial picture and will ensure that you have everything ready as you begin the negotiation process. You should try to gather records such as:

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