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Wheaton family law attorneyYou may think that uncontested divorce is only for amicable divorce situations, but this is not true at all. An uncontested divorce can be possible even if you and your spouse cannot stand to be around each other. You do not need to be on friendly or even speaking terms to avoid actual litigation during your divorce proceedings. There are many methods attorneys may use to facilitate a divorce settlement without going to court, some of which do not require you to speak to or see your ex at all.

Filing an uncontested divorce can save you quite a bit of time and money, as well as reduce distress for any children involved. In most situations, reaching a compromise is possible even if it takes a lot of help. An attorney can help you understand your options and determine whether an uncontested divorce is within reach for you and your spouse. 

Options for Reaching a Compromise Despite Conflict

When attorneys broach the idea of uncontested divorce with clients, a common objection is that they simply cannot be in the same room as their ex without a fight starting. The good news is that you can reach a fair compromise without ever seeing them using some methods. Strategies that can help spouses in conflict achieve uncontested divorce include: 

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Wheaton divorce lawyerThere are many complicated aspects to a divorce, including dividing shared marital assets, determining spousal support payments, and potentially agreeing upon child custody. These topics can be contested between partners, considering the critical nature of finding an equal balance between assets following a divorce. When one, or both, spouses are business owners, determining the value and ownership of the practice adds another layer of complications to a divorce proceeding. However, there is a way to uncomplicate the division of business assets in an Illinois divorce. Obtaining a business valuation is an excellent advantage if you are a business owner preparing for a divorce. 

What is a Business Valuation?

When a spouse undergoing a divorce owns a business, there may be complications in determining ownership. Typically, when a company is created before marriage, that business is considered solely owned by the individual that started the venture. However, if a business began after marriage or shared funds were used to help start up a company, that business could be considered a shared marital asset, leaving it open for division between spouses. 

A business valuation includes analyzing the company's financial value to understand the market value of that business. Usually, this is done by an accountant or divorce attorney skilled in this practice area. By obtaining a business valuation, the business owner may be able to protect the business as an asset during a divorce. 

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Wheaton divorce lawyerThe process of filing for a divorce can be complicated, time-consuming, and expensive. The decision to dissolve a marriage can be extremely difficult for all members of the family. However, there are ways to ensure that a divorce is as easy as possible. Below are five must-know tips if you are looking to file for a divorce in the state of Illinois. 

Do Not Point Fingers 

The state of Illinois is considered a “no-fault” divorce state. This means that despite any wrongdoing from your partner, there is no at-fault party, and the divorce proceeding will focus on an equitable division of property and a workable parenting plan, if applicable. Do not waste time compiling information on any poor behavior from your partner including cheating or abandonment. The judge will not consider any of these circumstances when deciding on the issues of your divorce. 

The only exception to this rule is if your partner was abusive. If your partner has a history of being abusive towards you, your children or others, including a criminal record, this information may be factored into determining custody of children and other aspects of the divorce.

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shutterstock_366568778.jpgWhen filing for a divorce with children involved, each spousal party will be required to uphold their individual parental responsibilities. This typically includes who will be the residential parent who primarily lives with the kids, dividing up parenting time, division of assets such as the home and child support payments. The majority of child support payments end when the child turns 18 years old. However, there are a few reasons why child support may be extended past the time the child becomes a legal adult. These reasons may include extenuating medical expenses or even paying for your child’s college education

Do I Have to Pay for My Child’s College Tuition?

Whether or not a parent is required to extend child support payments through the time the child is in college is determined by your divorce agreement. Judges will typically approve a divorce decree that allows the children to live with the assets they would most likely have had if the parents remained married. This means that if the two divorced parents would have been in a better financial situation to pay for college had they stayed married, a judge may elect to have the non-custodial parent help pay for tuition. 

How to Get My Ex-Spouse to Help Pay for College

During the time of your divorce, it may not have been explicitly stated if your spouse was going to extend child support payments into your child’s college education. Many times, children decide not to go to university and explore other secondary educational opportunities or jump right into the workforce after high school. If your ex-spouse was not originally obligated to help pay for college expenses, you can file for a new court order to extend his or her payments. 

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IL divorce lawyerStarting a family business can be a wonderful way to combine working and spending time with your loved ones. When a married couple owns a business, they may not give much thought to who owns what share of the business. After all, they are in this together. Unfortunately, spouses who co-own a business may find themselves facing significant, complex issues during divorce.

If you are getting divorced and you and your spouse own a business together, you have several options: You may sell the business and split the proceeds, assign ownership of the business to one spouse, or continue running the business together. Which option is right for you will depend on your unique circumstances and long-term goals.

Running the Business Together After Divorce

Even if you and your spouse are not romantically compatible, you may still be great business partners. Though rare, some divorced couples continue running a family business together after divorce. Doing so many be complicated on both a practical and financial level. However, for some couples, this is the best option available. If you want to co-own the business with your ex after the divorce, work with your divorce lawyer and a financial expert to ensure you put the proper legal and financial precautions in place.

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