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Law Office of Vincent C. Machroli, P.C.
High Point Plaza, 4415 West Harrison Street, Suite 213, Hillside, IL 60162
High Point Plaza, 4415 West Harrison Street, Suite 213
Hillside, IL 60162

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Oak Park divorce attorney parenting time

The period immediately following your divorce can be among the most challenging times of your and your family members’ lives. If you are a newly divorced person who shares children with your former spouse, you and your kids may be entering into uncharted waters over the next few months. Both you and your children are likely to be experiencing a sense of grief, though this emotion arises differently for different people. There is no “one size fits all” approach to overcoming your post-divorce emotions, but how you handle the transition period can help your kids move forward into your new future as a family more resilient than before.

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Hillside divorce attorneyWhen the thought of divorce becomes a real possibility, couples can face a few different options: try to make things work with some additional help, separate to see if divorce is the right decision, or move forward with the divorce. Many couples will actually go through each of these options before determining that divorce is in fact the right choice moving forward. No one is expected to know that divorce is the right choice from the get-go, which is why many marriage counselors and professionals will suggest a trial period of separation before starting a divorce case. Whether you and your spouse decide to try a trial separation, or sign legal separation documents, there are some things that you should know.

Update to Illinois Law

Before 2016, those filing for divorce in Illinois were required to provide a reason for their divorce, such as infidelity, and to live apart for a certain period of time before filing. The law was updated four years ago to reflect the most accurate ground for divorce: irreconcilable differences. This term means that there has been an irretrievable breakdown of the marriage, and that neither spouse wishes to be married any longer. Irreconcilable differences is now the only ground for divorce available in Illinois. The updated law also no longer requires couples to be separated for a specific period of time before filing for divorce. If, however, one spouse does not agree to the divorce, six months of separation is considered enough evidence of irreconcilable differences in an Illinois court of law. 

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Hillside prenup attorney enforceabilityUncertainty about the future can leave many engaged couples nervous about their marriage, and they may wonder whether getting married is the next best step. Fortunately, a prenuptial agreement can be a good option to make use of for any couple intending to get married. While they may have previously been reserved for the rich and famous, prenuptial agreements have become more and more common as couples have opted to get married later in life with more financial assets to bring into their marriage. It is always advisable to sign a prenuptial agreement before walking down the aisle, since this legal agreement can help alleviate any concerns that may arise regarding the possibility of divorce. Prenups can save you a great deal of time and protect you from emotional turmoil in the future, but only if all of the terms are valid and enforceable. You should be aware of certain problems that could make your prenuptial agreement invalid, including the following:

The Prenup Is Fraudulent

Spouses may attempt to conceal or undervalue their assets to keep them out of the property division process in a potential divorce. However, it is required that each spouse fully disclose his or her assets before signing a prenuptial agreement. If it is found that a spouse did not fully disclose their assets or financial information, a prenup can be deemed invalid by a court. 

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Oak Park divorce attorney spousal maintenance

For some, the financial implications of a divorce may be more harmful than the end of their relationship. It can take months, or even years, for couples to make the decision to file for divorce and their romantic relationship has often deteriorated long before they have even come to this realization. Some spouses may stay together simply because of their financial reliance on each other. In order to prevent people from remaining in an unhappy marriage due to their inability to live financially independent, Illinois courts will evaluate the individuals’ financial situation during the divorce process and determine whether or not financial assistance is needed for either party. It can be a shock to transition from living off of a combined income to barely scraping by on a single income, but often the spouse with the lower income is likely eligible to receive financial assistance, known as spousal maintenance, or spousal support, or alimony, from his or her former spouse.

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Oak Park divorce attorney asset division

Every step of the divorce process is difficult. First, you make the decision to get a divorce that will forever alter your life, and then you must watch your life be divided up by two legal teams and your former spouse. Typically, children and finances are the subjects that bring up the most deliberation between soon-to-be exes. It can be difficult to watch everything in your life become a number to be split, but unfortunately, this is inevitable for those filing for divorce. Some couples may keep separate bank accounts throughout their marriage for their own sense of security and to be prepared for divorce if the relationship does not last. This decision is often made without consulting legal professionals or having a proper understanding of Illinois’ property division laws. Before you and your spouse decide to stay financially separate, you should recognize how this will affect your divorce.

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