Among the many concerns spouses have throughout the divorce process, it is no surprise that a significant anxiety that often plagues those undergoing a split is worry over finances. Depending on your income, earning potential, employment situation, and the belongings you and your spouse have acquired over the course of your marriage, that worry may be severely compounded when children are added to the equation or when there is a drastic difference in your debt to income ratio.

Plan Ahead When Possible

Whatever your financial circumstances as you work through the end of your marriage, you will need to come to grips with your situation sooner, rather than later. It is imperative to obtain a snapshot of your finances in order to work with your attorney, financial planner, and accountant to plan for and create financial security for yourself following the divorce. Doing so requires a full inventory sweep of your financial obligations and assets.

Has your spouse recently filed for divorce? If so, he or she was able to choose the county in which the petition was filed and in which the proceedings are to be held. It may come as a surprise to learn that you are not necessarily bound by your spouse’s choice. While he or she may have filed first, you have the right to object to the chosen venue, but the law in Illinois requires you to act quickly.

What is Venue?

In the legal realm, the term “venue” refers to the county or district court system in which a case will be heard. For the purposes of divorce in Illinois, proceedings are generally held in the county circuit court. According to the Illinois Marriage and Dissolution of Marriage Act, it is presumed that a couple’s divorce will be heard in the county of residence of at least of the parties. For example, if a husband and wife have separated, and the husband lives in DuPage County while the wife resides in Kane County, the law expects that the couple will file their petition for divorce in one of those two counties. A non-residential county may be chosen if there is a valid justification for doing so.

An amicable divorce can be challenging, but rewarding. Achieving an amicable divorce, though, is hard work and requires the skill of an experienced divorce attorney in Kane County who can protect your rights throughout the process. If you are seeking an amicable divorce or interested in learning more about amicable divorces, one of our attorneys in Illinois can help.

What is Considered an Amicable Divorce?

An amicable divorce involves willingness to put aside existing animosity in an effort to find workable solutions to areas of disagreement related to equitably dividing assets and debt responsibility, establishing child or spousal support, and developing a parenting plan. This process typically involves the use of negotiation and alternative dispute resolution methods, like arbitration, mediation and collaborative law.

Most couples discuss whether they want to have children and a tentative timeline for doing so before they marry. Sometimes, these plans and timelines change after the couple marries, causing one or both partners to be disappointed by the other's new perspective. This can lead to arguments, resentment, and in many cases, divorce.

In some cases, it leads to reproductive coercion. This is an act or threat of violence against one's partner for failing to comply with one's sexual or reproductive desires. What many individuals do not realize is that reproductive coercion is a form of sexual abuse, which is a form of domestic violence.

Examples of Reproductive Coercion

In many marriages, one partner is the breadwinner, meaning that he or she earns the bulk of the household's money. It is not uncommon for the breadwinner to also have the majority of the control over the household's finances, often because this position allows him or her to make purchasing and investment decisions more accurately. But sometimes, a breadwinner can use his or her position to abuse a partner, creating a dynamic where the partner is completely dependent on him or her. This is known as financial abuse and it is a form of domestic violence.

Financial abuse is discussed less frequently than other types of domestic violence because it can be harder to recognize. Like other forms of domestic violence, financial abuse is a way to control one's partner. A financially abusive relationship might appear to be harmonious from the outside, but it is not healthy.

Examples of Financial Abuse