For decades, divorce was often considered messy and emotional. However, this notion is slowly starting to change as more people realize that a couple can have an amicable divorce.
Couples who work together in a divorce, instead of fighting with each other, can do better financially and emotionally after the divorce is over. Illinois family law provides several tools to help couples have a peaceful divorce.
Prenuptial agreements may not be romantic; however, with almost half of all marriages ending in divorce, they are practical. A prenuptial agreement can help protect both spouses in the event of a divorce by reducing legal fees and eliminating at least two of the biggest issues couples in a divorce fight over—the division of the property and spousal maintenance. A prenuptial agreement can also make the divorce process faster.
If you are already married and did not get a prenuptial agreement, Illinois allows you and your spouse to execute a postnuptial agreement. Similar to a prenuptial agreement, a postnuptial agreement allows the spouses to decide how they want their property divided if they ever get divorced. Moreover, various support issues can also be decided in a postnuptial agreement.
Postnuptial agreements must meet certain legal standards for them to be effective. However, if both sides are represented by lawyers and there is no coercion, a postnuptial agreement can be created either as a way to plan for a divorce in the near future or just as a way to protect the assets of the spouses.
Even if a couple does not have a prenuptial or postnuptial agreement, they can still work out most of the details of a divorce outside of court. In an uncontested divorce, instead of one spouse filing a petition and serving the other spouse, the couple files for a divorce together with their agreement already worked out. In an uncontested divorce you can decide everything from the allocation of parental rights (custody) to how to divide the property. When both sides are represented by attorneys, they can both know their interests are being protected.
Sometimes a couple may not have all the details of the divorce worked out, but they want to avoid a long and complicated court battle. Mediation allows the couple to work out an agreement with the help of a neutral mediator and their lawyers. This also allows them to keep many of the details of their divorce private.
If you are considering divorce and would like to discuss your questions and concerns, please contact experienced DuPage County divorce lawyer. Call Sullivan Taylor & Gumina, P.C. today at 630-665-7676 to schedule your consultation.