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Posted on in Divorce

Lombard divorce attorneyAnybody who says that his or her divorce was easy either is misremembering the situation or is not telling the whole truth. Virtually every divorce will have its share of challenges as the process represents not on the end of a relationship between two people but also the dissolution of the marital contract. Along the way, most people who go through a divorce experience a number of challenges and difficulties often accompanied by a great deal of stress and anxiety. Fortunately, there are some things you can do to limit the negative feelings and to focus on a happier, healthier future.

Commit to Cooperate

As you and your spouse approach your impending divorce, you have two basic options. You could choose to dig in and fight over every element—including the division of property, parenting plans, and alimony—or you could try to work things out amicably. It is important to realize, however, that negotiated, amicable divorce does not just happen. Instead, it requires a commitment from both spouses and concerted effort throughout the process.

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Posted on in Divorce

Lombard family law attorneyA divorce, as most people are aware, can be a nasty, volatile affair. Parties who were once so in love that they agreed to spend the rest of their lives together can quickly become fierce rivals who can no longer stand to be in the same room as one another. Each aspect of such a divorce becomes a small battle in the war to see who will “win” in the end.

Many who are considering divorce fear that their situation will deteriorate to similar levels of contentiousness and hostility. The reality, however, is that divorce does not need to be this way. Rather, it is possible for a couple to end their legal marriage while remaining civil, respectful, and even somewhat friendly throughout the process.

Redefining Winning

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divorce agreement, negotiation, Illinois divorce lawyersA marriage can legally end in just two ways, and both are incredibly difficult experiences. The first is by the death of either spouse, and, of course, the death of a loved one is always challenging. The second, as you probably realize, is divorce, or the dissolution of the marriage, according to the law in Illinois. For many, divorce is no less traumatic than a loved one’s death, and can even be made worse by months of intense fighting and brutal courtroom litigation. There is, however, an alternative to a hotly contested divorce process and, while still not necessarily easy, negotiating the terms of your divorce agreement outside of court may be the best solution for all parties involved.

What Can We Negotiate?

The laws governing divorce in Illinois are contained primarily in the Illinois Marriage and Dissolution of Marriage Act (IMDMA). The IMDMA is a comprehensive set of statutes that covers, often in great detail, the responsibilities of each divorcing party, as well as those of the court, for most matters of family law. Regarding divorce agreements, the IMDMA specifically acknowledges that a negotiated agreement promotes the "amicable settlement of disputes between parties to a marriage." It goes on to specify that such an agreement may contain terms regarding spousal maintenance, the division of property, the allocation of parental responsibilities, and child support.

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amicable divorce, divorce law, Arlington Heights divorce attorneyA few weeks ago, a post on this blog talked about "divorce selfie" trend that seemed to exemplify the amicable nature of many modern divorces. For many couples, the decision to end their marriage, while difficult, does not end their ability to work together toward a common goal. An amicable, uncontested divorce can save a couple the hassle and expense of having to sort out their differences in court and greatly streamline the entire process. Regardless of how cooperative you and your spouse can be, however, it is still important to seek the assistance of a qualified divorce attorney for a number of reasons.

Divorce Is Often Complicated

Even though you and your spouse may agree on most of the concerns inherent to the divorce, spelling out an acceptable divorce agreement can be difficult. The division of property, for example, is just one area that can be incredibly complex, with valuations needed for homes, vehicles, retirement accounts and more. While you may not have any disagreements over who is getting what, an attorney can help you develop a legally sound arrangement that clearly designates each and every allocation.

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