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Wakenight & Associates, P.C.

707 N. York Street, Suite 201, Elmhurst, IL 60126

Elmhurst | 630-528-0734

Mokena | 815-458-5660   Oak Park | 708-480-9651

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As soon as the final hearing has commenced and you've signed your divorce agreement, you may feel a huge sense of relief. You are now free to start a new chapter of your life with out the burden of court dates, attorney fees, or invasion of your privacy. Everything can return to normal.

However, beginning a new life comes with its own set of obstacles. Additionally, some aspects of your divorce may come back to haunt you.

the following are several, common mistakes individuals make after divorce that can cost them extra, land them back in court, or extend the timeit takes to move on:

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A house is typically a couple's most valuable financial asset, and most people are emotionally tied to their home as well, especially when children are involved. For those reasons, the questions of whether one spouse should move out when the other decides to divorce can be a contentious issue.

Although it may seem like moving out would probably be best for all parties involved, kids included, to avoid conflict, this decision can often do more harm than good in your divorce case. Staying in the house with your children creates several important precedents for the court to consider when making final, binding decisions in regard to your life after marriage.

Before packing your bags, consider the following when deciding whether or not to move out of the family home:

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When both spouses agree to a divorce , filing for an uncontested divorce is a fast and cost-effective option. The streamlined procedure includes fewer proceedings, less legal wrangling, lowered courts costs, and lowered attorney bills, allowing many couples to get their divorce granted more quickly compared to contested divorce .

These types of divorce s are typically available to couples who agree to every issue (e.g. property division, child custody, child support, alimony, etc.) regarding the divorce agreement. this means that there are no remaining disagreements prior to filing for uncontested divorce . So if there is at least one issue that you and your spouse donot agree on, then your divorce cannot be uncontested.

Similar to contested divorce , an uncontested divorce starts by one side filing for divorce . If the other side agrees to the uncontested divorce or even fails to make an appearance, it can still be granted by the court.By contrast, if the other spouse doesn't agree and makes the necessary court filings, then an uncontested divorce cannot be granted.

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Whether it's the first or the last, you are being evaluated at every court appearance during your Illinois divorce . The judge presiding over your case and the lawyers involved are assessing your character and credibility, analyzing you to figure out if you are emotional and easily frazzled or cool, calm, and collected.

Although many couples experiencing the divorce process become stressed out or emotionally overwhelmed during the trial, this type of behavior is considered inappropriate by the judge and can be undermined by the opposition. Whenever there is a decision to be made in favor of you or against your spouse, remember that even minor details can make a substantial difference in the final outcome.

the following are some important courtroom behavior tips:

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Mediation is a process for resolving conflict and coming to an agreement where both spouses control the outcome of the divorce . A disinterested third party, known as the“mediator, ” assists the parties in determining a mutually acceptable divorce settlement . In contrast to hotly-contested court litigation, mediation emphasizes cooperation, problem-solving, and address all needs of those involved.

the following are several benefits of mediation in the event of a divorce :

  • Less costly than court litigation - Lengthy divorce battles and trials have resulted in the financial ruin of many families. Since divorcing families already experience enough financial strain, mediation is the best way to go as far as fewer expenses.For instance, the parties are just paying one professional - the mediator - to help them, as opposed to their having two separate lawyers.
  • Results in a must faster resolution - Instead of waiting for months for court dates or for opportunities when two lawyers and a judge can coordinate their calendars, parties are able to set their own time frame for resolving their issues. Additionally, mediators are more able to work around your family's hectic schedule, as opposed to a court, with its strict operating hours and overflowing dockets.
  • the couples have complete control over all decisions - the mediator helps both parties discuss the divorce issues that need to be resolved. The parties make the decisions together in all of their significant issues. In regard to litigation, all of the decision-making is in the hands of the judge.
  • It is a collaborative process - Mediation is often referred to as a “win-win” resolutionsince the parties have more time to look past their issues to find commonality - and then go from there. When a couple goes through the courts, it is considered a “win-lose” situation, meaning that each party is looking to win - despite how detrimental it can be for the other party.
  • More confidential - All documents, communications, and work notes made or used during mediation are considered confidential. On the other hand, you will argue your case in a public courtroom in front of a judge and others during litigation.
  • It protects your kids from conflict - During court litigation, your children will be required to be interviewed and observed by several experts in the event of a custody dispute. Furthermore, your kids may even be required to appear in court.Animosity between parents can increase substantially during hotly-contested divorce s, exposing children to increased conflict and tension, which can result in lost-lasting damage. By contrast, a mediator can work with parties in a neutral manner and keep the focus on the children 's needs.
  • Opportunity to create a more creative family plan - Since those involved in mediation do not have to work with in the restrictions of the court system, there are free to create plans that fulfill their needs.

If you are interested in filing for divorce in Illinois, request a free consultation with Wakenight & Associates, P.C. today.

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