Category: Divorce

Before filing for divorce, some couples decide to go the default route. They plan for the judge to decide in favor of the plaintiff after the defendant does not respond and does not appear in court. This method can be risky, especially for the defendant.

Before filing for divorce, you should plan as carefully as possible for the split, obtain legal advice, focus on your children, organize documents, and give yourself a minimum financial cushion of three months. If domestic violence is an issue, develop a safety plan and discuss your options with a lawyer.

A divorce decree in Illinois may be invalid if the judge made decisions based on wrong information or erred in interpreting or applying state law. For example, if one party proffered a much lower income as the basis for child support payments and the judge made a decision based on that income threshold, that might be grounds for appeal. Judges using evidence that was incorrect, insufficient, or legally inadmissible could also be what makes a divorce decree invalid. A recording obtained illegally is one example of this.

Being the first to file for divorce provides some strategic advantages. However, being the first to plan for divorce is more significant and provides more advantages than being the first to file. When two people choose to end their marriage, they have to make many difficult decisions regarding their assets, futures, and possibly the custody of their children. Many couples attempt to keep their divorce as amicable as possible by pursuing an uncontested divorce. However, sometimes a couple’s relationship has deteriorated to the point that they have no hope of making an uncontested divorce work. In some cases, one spouse may even be worried that the other spouse will attempt to hide assets or sabotage his or her chances of custody. 

A collaborative law divorce helps couples establish a supportive relationship post-divorce and avoid contentious, expensive, and time-consuming legal proceedings.