Divorce: We understand it’s the process for ending a marriage. Whether in Plainfield, Shorewood or Joliet (IL), it dissolves the marriage contract to make each partner single and able to marry again under the law.
People might divorce for a number of reasons, such as:
- long-term conflict
- infidelity
- disparate goals & values
- abuse or hostile environment
- poor communication
- financial stress
- increasing lack of intimacy and connection
- addiction or substance abuse
Among those who have observed but not been through a divorce, exposure to it may have come from family, friends or work associates. Some divorces can be peaceful, and some can be less so. What we can all count on is that few people typically know exactly what to do and how to act once a divorce has been filed.
The divorce process follows particular steps and statutes. Ideally, both parties in a divorce can proceed through them with few or no setbacks. In reality, however, sometimes factors can arise to confuse or complicate proceedings.
Whether for yourself or someone you care about, the following are six essential things to know or understand about the divorce process in our state, including custody cases.
1 Divorce Process: Financial Documents
During a divorce, your financial activity may be closely examined. You can probably expect this if your case involves any issues related to finances, such as spousal support (alimony), child support or property division.
You’ll be required to fully and truthfully disclose the details of your past and present income, assets, debts and liabilities. Attempts to conceal or alter any of this information can negatively sway your case.
Before you file for a divorce, you should begin to organize your financial information and documents at home. This includes any paperwork showing your income, debts, assets and liabilities – e.g. past pay stubs, tax returns, W-2 forms, 1099 forms, mortgage and real-estate tax statements, and monthly bills (utilities, cell phone, credit cards, insurance, etc.). Keep these in a safe place so you can make copies if needed for your case.
You’ll also want to be prepared with past statements from your bank and other financial accounts (e.g. retirement, investment) should your divorce lawyer need them. You can now often download these statements online.
If you decide to leave the marital home in Plainfield, Shorewood or Joliet, be sure to gather all of your personal documents and items before moving out.
2 Divorce Process: Transparency of Assets
It is important to be honest and forthright about finances in the divorce process. Though it’s possible to not be satisfied with what may transpire during the proceedings, your setbacks could be far greater if you attempt to conceal your financial information.
Be careful with hiding, selling or giving away substantial assets during the divorce process. Also, be mindful of making very large or wasteful purchases. The court can perceive these actions as attempts to dissipate marital assets. This could undermine your case and result in receiving a smaller share of the marital assets.
3 Divorce Process: Moving Out
If you still live at home with your spouse or the other parent, consider thoroughly whether you should be the one to move out. If you have minor children together and you leave the home, this may impact your ability to have the majority of parenting time with your children.
An opposing divorce attorney may often characterize a parent moving out as having “abandoned” the family. Plus, if your income is notably more than your spouse’s, you may have to continue paying the household expenses even if you no longer live in the home, as well as while paying rent at your new residence.
If possible, you may want to work out an arrangement in which you remain in the house but sleep in a different room. Occupying the same home can still be considered as living separately when establishing irreconcilable differences to get a divorce.
If you do decide to move out, put thought into how far you will relocate. Depending on the facts of your case, moving to a new place nearby could favor a better visitation schedule for you and for the children.
Conversely, moving to a distant location may make it harder for one parent to have visitation time, especially if the kids are in school and one parent has days off only during the week.
If living in the same home involves a threat of harm or danger to you, you should prioritize your safety above all, even if it means moving out.
4 Divorce Process: Mindfulness of Actions & Behavior
If involved in a divorce case, you should be aware that a judge is monitoring your conduct.
Divorce and custody cases can test a person’s emotional strength and resolve. These are times when you must exhibit maturity and self-control, as your conduct can lead to permanent judgments that will influence the rest of your life.
If you feel triggered into anger or hostility, stop and think. How will what you are thinking of doing appear when discussed in a court room? How would a judge interpret such behavior?
5 Divorce Process: Social Media
Today’s technology affects our lives in new ways every day. People can now share their thoughts and display their lives for the world to see instantly.
Many times, they might express or present something on impulse with little thought about how it will be received and how long it will linger for the public.
We often hear about well-known individuals who uploaded a controversial tweet, meme or picture only to regret it later. Even if they deleted the post, someone somewhere may have already shared it with the rest of the world, and control of the content was lost.
These individuals then find themselves in five-siren damage control. If you are before a judge in a divorce case, you do not want to be in that position. Be highly aware of what you post and share on social media platforms such as Facebook, X and Instagram.
Even with tight privacy settings, your information can still make its way into the public eye. Social-media sites may retain posts even after they’ve been deleted. This archived information can be subpoenaed by judges and divorce attorneys. Your best approach is to not post anything that could place you in a negative light, even if it might seem innocent to you.
Keep these same things in mind about what you write and send through email.
6 Divorce Process: The Children
Illinois divorce cases involving custody focus on what will be best for the children, including their health, safety and welfare. During proceedings, the judge may look at factors such as:
the children’s emotional and physical needs
their adjustment to home, school and community
their wishes (based on their age and maturity)
both parents’ mental and physical health
the parents’ ability to cooperate and make decisions together
During this time, be the best parent you can be. Keep your emotions in check and don’t let them steer you in ways that appear at odds with what is good for the children.
Except in cases involving violence or abuse, let the other parent communicate with the children, visit them and remain involved in their lives. Keep information and discussions about the divorce and custody proceedings away from the kids.
Judges will want to see you as someone who helps the fair adjudication of the divorce process. A judge will recognize if you are an asset or a detriment to that goal. If you are seen as an asset, you will help support an equitable outcome that benefits all, including the children.
Divorce Lawyer Near Me: Contact Us
Navarro Family Law serves Plainfield, Shorewood and Joliet (IL) as a divorce lawyer for the fair representation of the dissolution of marriage under established Illinois law. As specialized counsel, attorney Michael Navarro supports clients in diverse situations with legal knowledge and courtroom experience, educating you about your rights and responsibilities in a divorce.
If you would like to further discuss divorce law in Plainfield, Shorewood or Joliet or inquire about case representation with a “divorce attorney near me,” call or text (815) 207-9570 today.