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Naperville divorce lawyerIf you have decided to divorce and started the process of researching your options, you may feel as if you are being bombarded with unfamiliar legal terms. Many people who divorce have never been involved in a legal dispute or even stepped foot inside of a courtroom before, so it can understandably be overwhelming. One aspect of divorce that people often have questions about is divorce “discovery.” The discovery process involves each party and his or her respective attorney obtaining information and evidence from the other party. This fact-checking portion of the divorce process is an essential part of ensuring that the divorce settlement or judgment you receive is based on accurate and complete information.

What is Involved in Divorce Discovery?

The duration and complexity of discovery will depend on the value and complexity of each party’s assets, the level of contention between the spouses, and how willing the spouses are to be honest and forthcoming about personal information. When a spouse attempts to hide assets, lie about income sources, or is otherwise unwilling to be transparent about finances, the discovery process becomes even more crucial. Discovery can involve a number of different methods for exchanging information, including:

  • Disclosure: When a couple files for divorce, one of the first things each spouse will be asked to do is fill out a financial affidavit listing his or her assets, income, and debts. Each party will have the opportunity to review the affidavit and request additional information.

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DuPage County divorce attorneysAccording to the National Survey on Drug Use and Health, nearly 20 million Americans suffered from a substance abuse disorder in 2017. If your spouse has a drug or alcohol addition, you know just how quickly a substance abuse problem can take over a person’s life. An expensive drug or alcohol problem can also cause people to make impulsive and destructive financial decisions. When divorcing a person with a substance abuse problem, it is crucial that you take steps to shelter your assets from misuse. There are several different protections that you can put in place that will help prevent your property from being used to further your spouse’s addiction.

Financial Restraining Orders

When most people hear the term “restraining order,” they think about a protection order for victims of domestic violence. A financial restraining order, however, is a different type of court order that freezes marital assets from being misused during divorce. The order may prohibit both you and your spouse from selling marital property, closing bank accounts, limiting the other spouse’s access to an account, changing beneficiaries, and more. Typically, a temporary financial restraining order lasts only 10 days. However, you can request a longer protection period by attending a court hearing and explaining your reasons for seeking financial protection.

Legal Separation and Postnuptial Agreements

It can be difficult to know for sure when a marriage is beyond saving. If you are not ready to file for divorce but you are worried that you spouse will waste assets on his or her addiction, one option to consider is a legal separation. Spouses who are legally separated are still technically married but they are not responsible for the debt accumulated by the other spouse after the separation has been issued. If you and your spouse reconcile, you can easily terminate the separation, and if the situation does not improve, you still have the option to divorce.

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DuPage County divorce attorneysThe decision to end your marriage is never an easy one, but perhaps no other group has as difficult of a decision to make as parents. Many parents try everything they can to stay together, but ultimately decide that they simply cannot make their marriage work. If you are a parent who has decided to divorce, you probably spend a lot of time worrying about how the divorce will affect your children. While it is likely that the transition will be challenging for the whole family, children are fully capable of living a happy, healthy life with divorced parents. Read on to learn the top three tips experts say will help your children cope with your divorce.

Tip #1: Do Not Fight in Front of the Kids

The number one thing that mental health and child development experts say not to do during divorce is to fight with your spouse in front of the children. Because children naturally have a self-centered view of the world around them, they often think that parental arguments are somehow their fault. It is best to keep adult conversations away from the children whenever possible. If you need to have a heated discussion with your spouse, try to find a place which is out of kids’ earshot to do so.

Tip #2: Allow Children to Express Their Feelings When They Are Able

Children can have a wide range of reactions to the news that their parents are getting divorced. While some will immediately start crying and expressing their sadness about the split, others will not immediately be ready to discuss their feelings. Try to give children the space they need to process the complicated emotions that come with this major life change. Let them know that you are available to talk and answer questions, but do not force the conversation. When children are ready to talk, they will, as long as they feel safe to express themselves.

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