The cost of divorce is one of most common questions we get asked, and unfortunately there is no simple answer to it.Costs of Divorce The cost can vary greatly depending on the initial level of agreement between the parties when they first start the divorce process, and it can vary greatly based on the amount of property and the nature of the assets to be divided. If the parties are in relative agreement on a lot of issues, the cost will be lower. If they have many issues to that are in conflict, such as kids, or a business, then the costs are going to be driven up just by the nature of the number of issues that have to be settled.

As for who pays for the divorce- generally people are responsible for their own attorney’s fees, but practically, it is all coming out of marital funds. Generally the court will order one person to pay another person’s attorney’s fees is when that party controls almost all the assets in the marriage. A typical example of that would be if one party did all the finances for the family, they paid all the bills, they had access to everything, and they maintain this control when the divorce begins. At that point it would be proper to petition the court to have the other party pay the attorney’s fees for the party who does not have access to the funds.

When faced with a divorce, you will encounter a variety of complicated legal issues: Who will keep the house? Where will our children live? How will we divide our credit card debt? With all the uncertainty in the divorce process it puts extra strain on your emotions. However, it is important to stay engaged and keep your focus on important details. List below are 10 tips to help you survive and thrive through the divorce process.

Compile Information

It is important to gather as much information as possible about what your spouse is doing. It is often common for one spouse to know very little about what the other has in regard to income, expenses, investments and retirement assets.

Make Copies of Everything

Once a divorce is under way; it is very common for documents to disappear. Formal discovery and subpoenaing bank records can be very costly, and you can save yourself a lot of time and money by making copies of everything you can get your hands on early.

Maintenance (Alimony)

Maintenance (alimony) describes payments made by one spouse to the other spouse to preserve their lifestyle when the earning capacity of one is significantly greater than the earning capacity of the other.

The court may grant a maintenance award for either spouse in amounts and for periods of time as the court deems just, without regard to marital misconduct, and the maintenance may be paid from the income or property of the other spouse.

The court shall first make a finding as to whether a maintenance award is appropriate, after consideration of all relevant factors, including:Spousal Support

Every divorce is unique and has its own special set of facts and circumstances, which include the interests of the children. Stages of Your Divorce Each client deserves the right to have an attorney who has the skill, knowledge, and experience for their case, and selecting the right attorney is your first important step. At the Law Office of Ronald L. Hendrix, P.C., we make a point of getting to know our clients, their interests and concerns, and especially the interests of their children.

Petition For Dissolution of Marriage

The divorce begins when a Petition for Dissolution of Marriage is filed with the county Circuit Court Clerk. The Petition will identify the parties to the divorce and any children of the parties. It will also contain factual information, and the party filing for the divorce will state a reason as part of the Petition. Grounds for divorce no longer exist in

Appearance and Response

Usually, the Petition is served along with a Summons by an Officer of the county’s Sheriff’s Department or licensed process server in order to acquire jurisdiction over the other party. Or, the Petition may be sent directly to the other party, requesting that party or party’s attorney to voluntarily file an Appearance, and avoid being served. The Appearance is a form whereby a party acknowledges the Petition for Dissolution of Marriage has been filed, and the party submits to the jurisdiction of the court. The party receiving the Petition also has the opportunity to file a Response to the issues in the Petition that are disputed, as well as set forth that party’s position on certain issues.

In my practice as a Naperville divorce attorney, I often recommend that my clients consider mediation (or other non-adversarial options) for their divorce. There are many benefits to non-adversarial approaches such as mediation over traditional divorce litigation; however mediation is not for everyone. This article covers situations where you may have to consider litigation over a less adversarial divorce resolution process like mediation or collaborative divorce.

Mediation requires that there is some level of cooperation

Couples that are going through divorce always have issues that they are in disagreement with. Why Litigation is Sometimes Necessary Whether or not mediation is successful comes down to the magnitude of the disagreements, and more importantly, whether or not both parties can cooperate enough to reach a settlement. If cooperation is simply not there, then litigation may be the only path.

Additionally, with mediation both parties to some degree have to be ok with the idea that their soon to be ex-spouse can live a happy life going forward. This is important, because with mediation it is necessary that each party negotiates based on their common interests and needs, not out a sense of revenge or desire to “win”. When one or both of the parties are out for vengeance (or to seek an unfair settlement), then mediation becomes impossible. In this situation litigation may be the only option.