233 W. Wilson Street, Batavia, IL, 60510

family home, marital home, divorce tips, Illinois divorce lawyer, Kane County divorce attorneyMen and women face different challenges during marriage, as during divorce. Marital dissolution should not be approached the same by both sexes, and both partners definitely will need their own divorce attorney. Not only can a divorce attorney help to identify the specific and individualized issues you are facing in a divorce, he can also help you recognize crucial steps to take (and not take) to get the most from it.

According to the Huffington Post, one major mistake that men make far more often than women during divorce is to move out of the family home. Women, especially but not exclusively if children are involved, are more likely to stay in the family home post-divorce. This means that the man (or father) is more likely to leave. According to the Huffington Post, this is not advisable until the divorce has been settled. This is because the wife can later claim in court that her soon-to-be ex-husband 'abandoned the family' by leaving the marital home, even if this is not the case.

A wife can argue this in court even if she was the one to initially call for a divorce, reports the Huffington Post. Even if the wife is insistent that the husband leave the family home, he is under no legal obligation to do so if his name is on the lease or mortgage, and indeed he should not leave despite her repeated requests.

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child custody, mediation, lawyer, attorney, family law, Kane County family law attorneyOne of the most complicated steps of divorce is figuring out what to do if you share children. Most parents opt for a shared parenting plan, providing both are healthy, capable, and free of legal trouble. One step many parents opt to take during divorce to help determine what to do with the kids is to schedule child custody mediation. In Illinois, child custody hearings are governed by the Illinois Marriage and Dissolution of Marriage Act and the Uniform Child Custody Jurisdiction and Enforcement Act, among others. According to a publication of the State of Illinois, trial courts 'have a special responsibility in cases involving the care and custody of children. This responsibility is carried out in court determinations that seek a resolution in the best interest of the child.

If the decision reached by the court is not satisfactory to any party in the hearing, he or she can appeal the decision. In 2004, the Illinois Supreme Court decided that appeals must be settled within 150 days after the filing of the appeal, as protracted legal battles are not in the best interest of the child. In fact, Illinois State Law dictates that all child custody hearings must be expedited, and that all subsequent hearings be scheduled before the other ends. Additionally, 'the trial judge shall render its decision as soon as possible but not later than 60 days after the completion of the trial or hearing.'

If a family is involved in abuse, neglect, or dependency proceedings, the Child Protection Mediation Program is available for families in Cook County. These proceedings are meant to shield children from the public nature of trial cases, and instead allow for decisions to be made in a less threatening, mediated environment. Oftentimes the court will mandate mediation sessions, and while both parties are required by law to be in attendance neither party is required by law to come to an agreement.

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financial stepsThere is a lot to consider if you believe that divorce is the best step for your relationship. It is not a decision to be made rashly or in the heat of the moment. You must consider if that is what you really want and if you can handle the repercussions. After careful consideration, there are other steps to take to prepare yourself.

The first step is to get an accurate picture of your financial future. Pull your credit report from one or all of the credit bureaus. This will offer a snapshot of your unresolved debts, either from your single life or ones that you have taken on during your marriage. Marital debts are treated just like property or assets; they are divided between each spouse depending on their situations. It will also let you know if you can obtain a line of credit if you need to in the future.

The other half of your financial picture includes the assets that you have accrued before and during your marriage. If you own a house together, it is important to have it appraised. This will let you be sure that you are fairly compensated during the division of property. Also obtain copies of your tax returns, life insurance, bank account statements, and at least three months of paystubs. These documents can make the discovery process run smoother during the divorce process.

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