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Kathryn L. Harry & Associates, P.C.
630-472-9700Available 24/7

IL family lawyerGetting a divorce is not as easy as it looks in the movies. Filing for divorce is much more than just deciding you and your spouse no longer want to be together. There is an involved legal process that takes much longer than most people think. If you are considering filing for divorce, know the various steps that need to be taken in order to understand the road ahead.

  • File a Petition: Under Illinois state law, no waiting period is necessary to file a petition for divorce as long as one spouse legally resides in Illinois. Though this is the rule for petitioning, granting a divorce has other requirements. In order for the divorce to be granted, one spouse has to have legally resided in Illinois for over 90 days prior to the judgment.
  • Grounds for Divorce: Having grounds for divorce does not necessarily mean abuse or neglect. In Illinois, irreconcilable differences is one of the most common grounds for divorce. In layman's terms, irreconcilable differences means no faults were made, both parties simply no longer want to be married. This can be proven by showing that both spouses have lived apart for the last six months.
  • Trial or Agreement: There are a variety of agreements that must be made before a divorce can be finalized. This includes division of property, division of debts, spousal maintenance, and child custody decisions. Although many couples can do this through mediation or agreement, others must do this with the help of a judge.
  • Marital Property Division: The property of each spouse is not decided based on who brought in the most income, but rather is tried to be split evenly. This includes real estate, furniture, cars, savings accounts, stock portfolios, retirement savings and other assets made throughout the marriage.
  • Custody Decisions: This process involves much more than just choosing who lives with whom. Custody decisions are made regarding all parental responsibilities such as the child’s education, health, and religion. Most parents are required to create a “parenting plan” before the divorce can be finalized.
  • Child Support and Spousal Maintenance: Most child support decisions are based on which household the child will reside in primarily. The obligation to pay child support is usually given to the parent that does not house the child majority of the time. Spousal maintenance is not always a requirement in a divorce. This is situational based on the couple’s finances.

Seek Legal Help

Divorce is a trying time for everyone involved. Hiring an experienced divorce attorney is crucial in making the transition as easy and painless as possible. Our Dupage County divorce lawyers work to tailor your divorce contract to benefit both parties in the ending of their marriage. If you are filing for divorce and need help with the proceedings, call the law office of Kathryn L. Harry & Associates, P.C. at 630-472-9700 for your free consultation.

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Posted on in Divorce

Illinois Divorce Attorney

Cost of a Divorce  

Divorce is also expensive. Court costs, lawyer fees and other expenses can add up quickly Below are some of the most common questions about the cost of divorce.

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Posted on in Divorce

Illinois divorce lawyerDivorce affects every aspect of one’s life, from the physical to the emotional to the financial. It is the latter, however, that can sometimes surprise people, and the tax consequences can be the most shocking of all if someone is unprepared for them. While divorce may be the best option for you and your spouse, it is nonetheless important to be prepared for the potential financial changes that may occur.

Tax Brackets and Details

Most married couples choose to file a joint return, and if you are still married on December 31 of a year, you may file jointly for that year - even if your proceedings are in motion on that date, unless a divorce decree has officially been issued, you are considered married. Once your divorce is final, however, you must file as a single person, and this can sometimes mean a change in tax brackets, though property division is usually tailored to try an avoid that.

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Posted on in Divorce

Getting a divorce is difficult in many different ways. It changes the lives of everyone involved, causing stress, grief and a host of other negative emotions. In addition, divorce is also expensive. Court costs, lawyer fees and other expenses can add up quickly, making the situation even more trying for both parties. Below are some of the most common questions about the cost of divorce.

What costs are involved in divorce?

When you divorce your spouse, you may pay:

  • Attorney fees
  • Court costs
  • Mediation fees
  • Parent education expenses
  • Fees related to changing ownership of property (refinancing, title transfer, etc)

How much would it cost to get a divorce without a lawyer?

It may possible to purchase a divorce kit on the internet and represent yourself for under $100. In this case, you will also need to pay any costs not including in this amount, such as the cost of parenting education classes. However, unless your divorce case is extremely simple and you are on good terms with your spouse, choosing to represent yourself may not be the best decision.

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divorce mediation, alternative dispute resolution, Illinois Family Law AttorneyFor many couples, deciding to end their marriage is among the most difficult choices they will ever have to make. Divorce inevitably brings with it a wide variety of emotions and the process itself may be wrought with challenges. An increasing number of couples, however, are finding that there may be alternatives to a hotly-contested divorce played out over several months in litigation, especially for those who may be able to work together. Often, mediation can provide the opportunity to reduce the stress of divorce, while meeting the needs of all parties involved.

What is Mediation?

Couples who seek mediation in their divorce typically do so based on a commitment of cooperation to provide the best post-divorce situation for themselves and their family. During mediation, both spouses meet with neutral third party, or mediator, to work out the details of their divorce. In certain situations, spouses may choose to hire their own legal counsel for the mediation process, but many cases are negotiated without separate attorneys. Once an agreement is reached with the help of the mediator, it is turned over to the court for approval and completion of the divorce.

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