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Lake Zurich Divorce Law Blog

Why you should buy a new home after divorce

Your divorce isn't just a possibility anymore. It's going to happen. You know it and your spouse knows it. It's just a matter of time.

You're trying to plan for your future in Illinois. One of the biggest questions you have, naturally, is whether or not you should keep your home. Is this time to sell the house and buy or rent a new one, or are you better off trying to find a way to keep your family home in your name?

When you can't communicate, divorce becomes likely

Divorce doesn't always happen because of something dramatic and unexpected. You don't leave your partner because you walk in on them with someone else. You don't suffer from physical abuse. You don't find yourself married to someone with a serious addiction problem that sends the family into bankruptcy.

These cases do happen, of course. But many marital issues are far more "minor" and more difficult to observe. They're not obvious, they're not dramatic and you may not even realize that they can end your marriage. But they can.

Negotiation tips for your divorce

Divorce often centers around control and power. Two people feel like they both want to "win" the divorce, and it makes negotiating difficult. While the court does make some decisions for you in certain situations -- such as how to divide child custody -- you have a lot of details to work out together.

Both men and women make critical negotiating errors. Much of the time, women have a tendency to hold nothing back, laying all of their cards on the table. This makes negotiating difficult because they have nothing left during the conversation. Men, on the other hand, tend to be far too withdrawn and callous about the whole thing. They don't want to compromise and so they can miss out on excellent opportunities.

Hidden assets: Find them all with a forensic accountant

As you begin to think about getting a divorce, one of the things you might decide to do is to start putting away assets into places where your spouse can't get to them. That's usually acceptable as long as you can tell the court where the assets are, but if you plan to hide assets, you should know that you're violating the law.

Even if you don't plan on hiding assets yourself, it's a good idea to begin looking into your spouse's assets and to begin taking count of the assets you expect to have to divide between each other. Illinois is an equitable distribution state, so any marital assets are divided fairly between you. For that reason, finding all assets is necessary.

Preparing for 6 months after the divorce is final

You're eager to get divorced. You're happy to be done with what has been an unhappy marriage. It's time to move on.

It's fine to feel this way, but don't get too wrapped up in the excitement or the positive changes you see coming in your life. A lot of times, people feel excited to end their marriages, but then they are completely unprepared for life after divorce. It takes them by surprise.

Don't be too nice: It could ruin your divorce

It is often said that women are too accommodating during a divorce, but the reality is that anyone can get emotional and give too much to the other party. Even if you still have feelings for your spouse or want to give them more out of guilt, it is best not to allow your emotions to guide your divorce.

It is good to want to be amicable during a divorce, but being respectful is different than being a pushover. You can respect the other party without hurting yourself.

Mediation allows you to stay in control of your divorce process

For many people, the most stressful thing about divorce is the loss of control. It often seems like everything is in the hands of the courts. That can be an intimidating situation, especially for someone who likes to manage their life carefully.

Divorce can cause serious upheaval in your financial situation, as well as your social life. It is very difficult to predict how a judge will divide your assets or allocate parental responsibilities and rights. Thankfully, there are options that can give you more control over the divorce process. If you believe it is possible for you to work together with your ex, divorce mediation might be the solution you need.

Can you push for restricted visitation in an Illinois divorce?

For many families, divorce is a long, pitched battle. Both sides probably have a desired outcome in mind, and there probably isn't much overlap between spouses. It is common for each parent to want to secure more time with the children. These rights, called parental allocation in Illinois, are important for the whole family.

When the courts decide custody in a divorce, their main focus is always the best interests of the children. Usually, the courts understand that those interests involve both parents maintaining a relationship with the kids. Sometimes, however, there are extenuating circumstances that make shared custody dangerous or unhealthy for the children. Understanding what circumstances the courts consider when determining parental allocation can help you understand if you have a case for sole custody.

Your options for the home during divorce

Your spouse wants to get a divorce, and you know it is going to get complicated. You both have significant assets, from bank accounts to investments to life insurance policies to a dream home you bought for well more than most people in your peer group can afford to pay.

As the divorce draws near, you really worry about the loss of control. You worry about feeling like your life is falling apart. It's about more than the marriage. Are you going to lose everything you have worked so hard for?

Planning for your child's safety this summer

The summer months sometimes mean that non-custodial parents have children in their home. This can be a challenge because they need to be sure that the children are safe and healthy for the duration of their visit. There are several things that you need to consider if your children are coming to spend their holiday time with you.

Parents who have children old enough to stay home alone have additional things to worry about in terms of safety. You have to make sure that you set rules and expectations for what is appropriate while your children are alone. You also need to do your part to keep them safe.