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Posted on in Divorce

Naperville Divorce Attorney

While some couples agree their marriage should end and amicably go their separate ways, not every spouse agrees their relationship is over when confronted with a divorce filing. For some, the idea of divorce is against their religious or moral beliefs. Others are struck completely unaware or oblivious that anything was wrong, and the divorce papers take them completely by surprise. For people in that category, many are unwilling to end the marriage without a fight.

If divorce papers arrive, do you have to sign them? What happens if you refuse?

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Posted on in Divorce

Naperville Divorce AttorneysWhen someone says their divorce is complex, you might envision the emotional entanglements of love lost, which can make agreements more difficult to achieve. Each divorce is complicated in its own way, but some marriage dissolutions end up more involved than anticipated, or necessary.

What factors influence whether your divorce is short and amicable or drawn-out and ugly?

Disagreements Over Separate and Marital Property

In Illinois, property division includes the determination of what is “marital property” and “separate property.” That is, the debts and assets acquired before the marriage and what occurred after the vows. During a divorce, separate property returns to the original owner, and marital property and joint debts are divided equally between the parties. Exceptions to the rule include inheritances or gifts given solely to one spouse during the union, which are typically counted as separate property. Contention sometimes arises from the determination of which assets fall into the marital property category.

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Posted on in Divorce

new year, divorce filings, Naperville family law attorneyDecember is often a quiet month for divorce attorneys. Divorce trends show that divorces dip in December, only to quickly pick back up after New Year’s Day and peak in March. In fact, January sees such a large spike in divorces that divorce attorneys and other experts consider the first Monday of the New Year ‘Divorce Monday.’ Attorneys across the United States report experiencing the spike in divorce filings, and experts in foreign countries like the United Kingdom say they see the same thing. Why do people across the world choose to get divorced at the start of a new year?

Pressure During the Holidays

Marriage and divorce experts say one of the major reasons divorces lull in December and pick back up in January is that families are hesitant to separate during the holidays. This is especially true for married couples with children, who feel they have a responsibility to keep the holidays festive and happy for their children. Many parents justify waiting until after the holidays to give their children one last holiday as a family, though they may be setting themselves up for trouble. There are high expectations around the holidays, and couples who are already heading towards a divorce may find themselves fighting more than ever. The tension around the holidays is likely a reason divorces spike in January. Couples may choose to stick it out for the sake of their children, but are often quick to speak to their attorney about getting their divorce started as soon as the New Year arrives.

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