No one ever goes into a marriage with divorce on their mind. Yet, when these situations do arise, you need to be prepared for the legal proceedings that will ensue. Not only can this process be difficult to understand for those who are not familiar with the relevant laws, but it can cause high levels of stress and tension, especially between the divorcing parties. During these challenging times, an Illinois divorce attorney can help you avoid certain mistakes while preparing for your divorce case.
The emotional, mental, and financial hardships wrapped up in most divorce cases can cause the entire process to feel overwhelming. However, taking measures to prepare for your case can allow the process to run much smoother overall.
Unfortunately, there are many things you can do, either by accident or with intent, that can potentially harm the successful outcome of your divorce case. These actions can prove to be difficult to rectify later in the process, so it is prudent to be aware of them and avoid doing anything that could ruin your chances of getting a positive result from your Illinois divorce case. Here are several actions to avoid while preparing for your divorce.
Assuming That You Will “Lose” Your Case
It is a common misconception that one of the divorcing parties will “win” the case and the other party will “lose.” While it is true that the outcome of a divorce can be more positive for one of the spouses over the other, most divorce proceedings are designed to have some element of fairness in the final divorce decree.
However, this fair outcome takes work, and you need to be prepared to put in the necessary effort to achieve your goals. In doing this, you can hopefully reach a fair outcome that reflects your rights as an individual.
Not Paying Bills That You Are Still Responsible For
It is good practice to continue paying the bills you have been responsible for throughout the duration of your marriage. If you have always paid the mortgage loan on the family home, continue to do so. It is wise to keep paying the necessary bills until you and your spouse can attend a court hearing, where you can decide upon a temporary agreement on who is paying which bills. If you stop paying altogether, you are just opening yourself up to conflict and unnecessary debt.
Hiding Assets
Do not attempt to hide assets during your divorce case. If your divorce is contested, meaning that you and your spouse are not able to agree on most points of your divorce decree, both you and your spouse will have to disclose all assets and debts so that they can be divided fairly. Hiding assets could, in turn, harm your chances in other areas of contention, such as child support or alimony. You can also get caught, which has the potential to ruin your chances of success in the case.
Turning Your Children Against the Other Parent
Speaking poorly about your co-parent to your children will almost always backfire and reflect poorly on you. Divorce is between you and your soon-to-be ex-spouse. It is not wise to try to drag children into it as well. If there are minor children involved in the divorce, the right thing to do as the parent is to focus on what their interests might be. If the judge discovers that one parent is speaking badly about the other, this could impact the offending parent’s chances at child custody or visitation.
Assuming That You Will Receive Half of Everything
While you shouldn’t assume that you will “lose” your divorce case, you need to also remember that you will not automatically be awarded half of everything. While the possibility for this outcome does exist, the typical divorce process in Illinois focuses on the equitable, not equal, distribution of assets.
Not Making Copies of Important and Necessary Documents
When you go to file for divorce, you will want to have certain documents on hand. These can include tax returns, financial statements, deeds, any prenuptial agreements, and any other information that may be important to your divorce case. Make copies of all these documents; do not bring the originals to court to give them to your attorney. It is also wise to keep a file of all documents and their copies to avoid losing any of them.
FAQs
Q: Should I Move Out of the Family Home Before Filing for Divorce?
A: The answer, in most cases, is no. In certain situations, moving from the family home can actually hurt your divorce case. In situations involving minor children, moving from the family home can damage any claim you make for child custody, as you will not have as many daily interactions with your children if you decide to leave the family home.
Q: What Role Does Social Media Have in Divorce Proceedings?
A: In certain cases, social media can have an impactful role in divorce proceedings if it is used in specific ways. Any content that is posted on social media can be a form of evidence. This can include photos, status posts, or messages that show any form of abuse or irresponsible behavior. It can also impact your settlement if you showcase any forms of a lavish lifestyle, new purchases, or vacations that take place on a regular basis.
Q: How Can I Manage Communication With My Spouse Before Filing for Divorce?
A: When establishing successful communication between spouses before filing for divorce and during the divorce proceedings, there are certain strategies that can help your proceedings run smoothly. These include:
- Remaining calm and composed during communications
- Listening attentively to your spouse
- Using written communication styles
- Remaining honest
- Not using hurtful language or derogatory names
- Keeping conversations to present issues
Q: How Much Does a Divorce Lawyer Cost in Illinois?
A: In Illinois, it can be difficult to assign an exact estimate of how much a divorce lawyer might cost. This is because there can be several factors that impact the final costs involved in any divorce case. These typically include:
- The complexity of the case
- The willingness of your spouse or their legal team to cooperate in negotiations
- The experience of your attorney
Contact an Experienced Illinois Divorce Lawyer Today
Another common mistake to avoid is assuming that you can handle your divorce on your own. These legal proceedings can be confusing and complicated, so you need a skilled attorney to provide seasoned counsel and representation. They can take your interests to heart and work hard to ensure that your rights are fought for and protected. At Stange Law Firm, we offer this kind of service. Contact us today to let us review your case. Divorce is difficult, but you don’t have to go through it alone.
