Tag Archive for: amicable divorce

Setting Boundaries to Reduce Stress During and After Divorce

November 6th is National Stress Awareness Day—the perfect time to focus on life’s most overwhelming challenges. When it comes to family law issues, one key area that can bring extreme tension to families across the United States: Divorce.

According to the Holmes and Rahe stress scale, divorce ranks as the second most stressful life event, surpassed only by the death of a spouse. Marital separation follows closely in third place, highlighting just how emotionally taxing these life transitions can be. This scale emphasizes the profound impact major life changes can have on mental, emotional, and physical health. Divorce, in particular, affects all aspects of well-being.

At Masters Law Group, we understand how stressful the divorce journey can be. In this blog, we’ll provide practical tips to help you protect your rights and well-being throughout the process. Here’s what you need to know.

Why Reducing Stress Is Essential During Divorce

Divorce is more than just ending a marriage—it is a life-altering event that affects nearly every facet of daily living, from finances and home life to relationships with family and friends. The psychological strain it places on individuals can manifest in many ways, including:

  • Emotional Exhaustion: The constant emotional rollercoaster can leave you feeling drained, making it difficult to handle the legal and practical aspects of the divorce process.
  • Poor Decision-Making: High levels of stress often cloud judgment, potentially leading to decisions made out of emotion rather than logic—decisions that can have long-lasting financial or familial repercussions.
  • Physical Health Issues: Stress has been linked to numerous physical ailments, from sleep disturbances and high blood pressure to a weakened immune system and heart problems. Prolonged stress during divorce can exacerbate these conditions, leaving you even more vulnerable.

Reducing stress during divorce isn’t just a matter of comfort—it’s necessary for your overall well-being. Finding ways to manage and minimize stress will help you make clearer decisions, protect your health, and regain control as you move forward. Let’s take a look at how boundary setting can help reduce stress.

How Boundaries Help Reduce Divorce Stress

While stress is inevitable during divorce, there are concrete steps you can take to manage it. One of the most effective strategies is setting boundaries. Boundaries help protect your emotional space and enable you to maintain control. Here are some practical ways to set boundaries:

  1. Boundaries with Your Ex-Spouse: By limiting how and when you communicate with your ex-spouse, you help protect yourself from unnecessary emotional confrontations. It can be beneficial to keep conversations focused on practical matters to avoid rehashing personal issues.
  2. Boundaries with Family and Friends: Although your loved ones mean well, too much advice or interference can overwhelm you. Establishing boundaries with family and friends can help reduce the pressure of external opinions and allow you to focus on what’s best for your situation.
  3. Co-Parenting Boundaries: Co-parenting is a long-term commitment that requires boundaries to keep the focus on your children’s well-being. A clear and concise parenting plan can help make visitation and decision-making smoother for you and your children.

Practical Ways to Reduce Stress During Divorce

It’s crucial to adopt strategies that prioritize your mental and emotional well-being. Below are some actionable steps to help reduce stress:

1. Focus on What You Can Control

Divorce often feels like a whirlwind of uncontrollable events, but focusing on the aspects you can control can greatly reduce stress. This includes managing your responsibilities, staying organized, and making decisions based on what’s best for you and your future. Working with a law firm like Masters Law Group can help give you a sense of stability as we guide you through the legal process, allowing you to focus on other aspects of your life.

2. Practice Self-Care

Self-care isn’t just pampering; it’s about maintaining emotional resilience and overall well-being. When you’re emotionally depleted, it becomes harder to make clear decisions and face the challenges of divorce. Meditation, adequate sleep, regular exercise, and therapy can help you process your emotions and develop effective coping strategies. Remember, self-care is not selfish—it’s essential for helping navigate the difficulties of divorce and preparing for the next chapter of your life.

3. Seek Emotional Support

Whether through friends, family, or a therapist, having a strong support system can make a difference. Letting go of anger and resentment is a cornerstone of a peaceful divorce. Instead of harboring feelings of revenge or striving to “win” the divorce, focus on achieving fairness and equity for both parties. Getting the help of an experienced divorce attorney can help you further embrace these principles and lead to a more constructive and less acrimonious divorce process.

4. Rely on Professional Support

During the divorce process, it’s important to have a knowledgeable and experienced legal team to guide you through the complexities. Letting professionals handle the legal details lets you focus on your emotional recovery rather than getting caught up in disputes. Opting for mediation instead of a traditional courtroom battle can significantly help reduce stress and promote cooperation.

Mediation can be an effective option for couples willing to work together and compromise to achieve a positive outcome. It’s particularly useful for couples who have children, as it can help reduce the stress and trauma that children often experience during a divorce. A divorce attorney can represent you during these processes, working to reach a fair and mutually acceptable settlement with your spouse.

Reducing Post-Divorce Stress

The end of the legal process doesn’t necessarily mean the end of stress. Post-divorce life can bring challenges, but prioritizing stress management can help you adjust to your new reality.

  • Create a New Routine: Establishing a new daily routine can create a sense of normalcy and help reduce the feelings of chaos that often accompany life post-divorce. A structured schedule can help you manage your time and focus on rebuilding your life.
  • Reassess Your Financial Situation: Financial stress is a major concern during and after divorce. A divorce attorney can help you understand your legal and financial responsibilities and establish financial stability.
  • Take Time for Self-Reflection: Divorce doesn’t have to be an emotionally draining experience. Reflecting on what you’ve learned and setting new goals for your future can help turn a difficult chapter into a new beginning.

How Masters Law Group Can Help

At Masters Law Group, our DuPage-based Divorce Attorneys provide comprehensive legal representation in all areas of family law, including divorce, allocation of parental responsibilities, spousal support, and property division. We understand that each divorce case is unique, so we take a personalized approach to every client’s situation. From high-conflict separations to amicable agreements, our experienced team is skilled in navigating the legal complexities while helping ensure your rights and mental well-being are protected.

We know how emotionally draining divorce can be, so we offer support at every stage of the process. Whether it’s helping you establish fair co-parenting plans or advocating for fair financial settlements, our goal is to help reduce the emotional toll of divorce. By helping you set clear boundaries, you can mitigate the stress, allowing you to focus on rebuilding your life and embracing the future ahead.

Final Thoughts

This National Stress Awareness Day, take the time to reflect on how setting boundaries can help you manage stress during your divorce and in the aftermath. As you navigate this challenging time, remember you don’t have to do it alone. Our team at Masters Law Group is here to help you manage both the legal and emotional aspects of divorce.

Contact us today for your complimentary consultation and take the first step toward a healthier, stress-managed future. 

Disclaimer: The content of this blog is intended for informational purposes only and should not be considered as legal advice. While the attorneys at Masters Law Group are fully qualified to handle your legal matters, every situation is unique, and legal advice should be tailored to the specific circumstances of your case. We encourage you to consult with one of our experienced attorneys for personalized legal guidance. Reading this blog does not establish an attorney-client relationship. For professional legal assistance, please contact the DuPage Divorce Attorneys at Masters Law Group directly.

Navigating Civil Unions During Pride Month

June is known worldwide as Pride Month, a time when the LGBTQ+ community and its allies come together to advocate for a more inclusive future. As we celebrate Pride Month, we must recognize civil unions’ role in providing legal protection for same-sex couples.

Illinois became the first state to legalize civil unions on June 1, 2011. For many same-sex couples, civil unions represent the legal acknowledgment of their relationship, offering rights and responsibilities similar to those of marriage. However, navigating the legal complexities of civil unions can be challenging, especially in jurisdictions where LGBTQ+ rights are still evolving. In this blog, we will explore civil unions, dissolutions, and how a family law attorney can help. Here’s what you should know.

What Is A Civil Union?

Civil unions allow two adults of the same or opposite sex to enter a legally recognized relationship. Contrary to a common misconception, civil unions are not exclusive to same-sex couples. Same-sex and opposite-sex couples can enter into a civil union in Illinois. Partners entering a civil union are entitled to the same legal obligations, protections, and benefits that state law provides to married spouses, including:

  • Property rights.
  • Healthcare decisions.
  • Inheritance rights.
  • Access to family-related legal protections.

Civil unions help ensure that couples receive equal treatment and recognition under state law. Understanding the distinction between state and federal recognition is vital for couples considering a civil union. However, if you have entered a civil union with your partner but have decided to move on, you will need a civil union dissolution.

Understanding Civil Union Dissolution

In Illinois, the process of dissolving a civil union follows similar procedures to that of a traditional divorce. A party to a civil union may petition the Court to dissolve the civil union just as with the Dissolution of Marriage. You must draft a Petition to Dissolve a Civil Union alleging similar facts as in a Petition for Dissolution of Marriage and follow similar procedures below. Here is a closer look at the dissolution process and what a family law attorney can guide you through:

  1. File a Petition to Dissolve a Civil Union with the county circuit court clerk where it was granted.
  2. Provide the respondent with a copy of the petition and a summons, notifying them of the dissolution proceedings.
  3. Attempt to reach a settlement agreement through negotiation or mediation outside of Court.
  4. The case may proceed to trial if no settlement is reached or there are contested issues.
  5. The Court will issue a final judgment of dissolution.
  6. After dissolution, obtain a certified copy of the Dissolution of Civil Union records from the county circuit court clerk for legal documentation.

Consulting with a divorce attorney experienced in civil union law can help ensure that the process proceeds smoothly and that your rights are protected.

The Role of a Family Law Attorney

Establishing or dissolving a civil union can create unique challenges and legal complexities. At Masters Law Group, our attorneys provide professional legal representation for civil unions. Our attorneys have dedicated years and resources to understanding and fighting for LGBTQ+ rights. To showcase our experience, here are a few ways we can help:

  • Experienced Mediators: Erin E. Masters is approved as a Mediator for the Cook County Domestic Relations Division and offers private mediation services. The firm’s mediation counselors have extensive experience in family law and are skilled in facilitating productive discussions between divorcing spouses.
  • Experienced Litigators: Our attorneys meticulously prepare legal arguments, gather evidence, and strategically plan to help secure your most favorable outcome.
  • Conflict Resolution: Our divorce attorneys are well-rounded in conflict resolution. We focus on finding peaceful solutions for all parties involved, including their children.
  • Protecting Your Interests: Masters Law Group attorneys work to protect your legal rights and the best interests of you and your children.

LGBTQ+ individuals can benefit from accessing diverse community resources tailored to their needs, complementing the assistance a family law attorney provides. These resources offer emotional support, legal guidance, and connections within the LGBTQ+ community.

LGBTQ+ Community Resources

Chicago, Illinois, boasts a vibrant LGBTQ+ community with numerous resources dedicated to supporting individuals in civil unions. The Center on Halsted is a comprehensive LGBTQ+ community center offering various services, including legal clinics, counseling, and support groups.

The Howard Brown Health Center also provides LGBTQ+-affirming healthcare services, including primary care, mental health services, and special programs for transgender and non-binary individuals. 

The Illinois Safe Schools Alliance focuses on creating safe and inclusive environments for LGBTQ+ youth in schools through advocacy and education. These organizations are vital in providing support, resources, and community connections for individuals in civil unions.

Celebrating Pride Month With Masters Law Group

As we celebrate Pride Month, it’s essential to recognize the ongoing struggles of same-sex couples. Seeking the guidance of a knowledgeable family law attorney can help individuals navigate civil unions successfully.

At Masters Law Group, we provide professional and individualized legal representation for various family law concerns, including civil unions. Our firm has dedicated considerable time to becoming knowledgeable and up-to-date in this new area of family law. Whether you want to form a civil union or need a civil union dissolution, we will take the time to fully understand your situation and provide honest advice regarding your options.

Contact us today to schedule a consultation.

Navigating Divorce on Mother’s Day

As Mother’s Day approaches, moms going through a divorce may be experiencing sadness, loneliness, and guilt. However, the most important thing to remember is that it can also be painful for your children, but it doesn’t have to be. How can you move past these negative feelings and enjoy the celebration that you deserve? Plan new traditions!

Mother’s Day is a special occasion dedicated to honoring the mother figures in our lives for their love and selfless sacrifices. However, for mothers going through divorce, finding a balance through this transitional period can feel like an overwhelming and emotional challenge.

Approximately 50% of all children in the United States will witness the end of their parents’ marriage, underscoring the significant impact divorce can have on families. While divorce and separation have become more common over time, it also provides hope that affected individuals still thrive despite its challenges.

In this blog, we’ll explore strategies for navigating Mother’s Day, with tips for supporting your children, maintaining focus on what you can control, and how a family law attorney can help. Here’s what you need to know.

Understanding Children’s Emotions in Divorce

Divorce can be particularly challenging for children, and occasions like Mother’s Day may exacerbate many different emotions. Providing emotional support and creating a safe environment for your children to express themselves is crucial as a divorced parent. It’s important to recognize the signs of reactions exhibited by children, including:

  • Feelings of sadness and loss: Children may experience a sense of grief and mourn the loss of the intact family they once knew.
  • Anger and resentment: Children may express their frustration and anger over the divorce, often directed towards one or both parents.
  • Anxiety and insecurity: The stability and routine they once relied upon may be disrupted, leading to feelings of uncertainty and anxiety about their future. They may worry about their living arrangements, school changes, and how their relationships with their parents will be affected.
  • Academic and behavioral challenges: Divorce can impact a child’s educational performance and behavior. They may struggle to concentrate, exhibit aggression, withdraw, or act out to cope with their emotions.

Understanding the effects of divorce on children is crucial to providing them with the necessary support during this challenging time. Let’s look at how parental responsibilities and parenting time can be beneficial during this difficult transitional period.

Parental Responsibilities Tips for Mother’s Day

Parental responsibilities include two main items: parenting time (formerly “visitation”) and the power to make decisions for children. Parenting time is a schedule that shows when each parent spends time with the children. This schedule is created and approved by a judge in family court. If the parents can’t agree on the schedule, the judge will decide what’s best for the child and assign a schedule for the parents.

Parental responsibilities also refer to the decision-making obligations each parent will have on behalf of the child. Parents can agree to make these decisions together or divide them into categories, which should cover the following:

  • Education
  • Health
  • Religion
  • Extracurricular Activities

If the parents can’t agree on who gets what responsibility, the Illinois family court judge will allocate those responsibilities among them. Let’s dive into some tips to help you make co-parenting easier this Mother’s Day.

Review and Update Your Parenting Plan

One of the first steps in navigating Mother’s Day after a divorce is establishing clear guidelines for parental responsibilities. Crafting a parenting plan that addresses special occasions like Mother’s Day requires a well-thought-out agenda that can help alleviate confusion and minimize conflict. When creating a parenting plan for Mother’s Day, consider the following:

  • Alternating Years: Decide whether Mother’s Day will be alternated between parents each year or if there will be separate celebrations with each parent.
  • Flexibility: Be open to flexibility and compromise. Sometimes, unexpected circumstances may arise, and being willing to adjust plans accordingly can help benefit everyone involved.
  • Respect Boundaries: Respect each other’s boundaries and wishes regarding Mother’s Day celebrations. If one parent prefers to spend the day alone with the children, honor that request and find alternative ways to celebrate.

Try to maintain a united front regarding co-parenting decisions. Keeping children out of adult conflicts can help reassure them of your love and support.

Keep an Open Line of Communication

Effective communication with your co-parent can be key to successfully navigating Mother’s Day. While emotions may run high, maintaining a respectful and cooperative co-parenting relationship is essential for the well-being of your children. This partnership can help reassure children that special events can still be celebrated despite changes in the family dynamic.

Discuss plans for Mother’s Day to avoid last-minute conflicts or misunderstandings. Clearly outline expectations and responsibilities to help ensure a smooth celebration. Be willing to compromise and accommodate each other’s schedules and preferences. Remember that the focus should be on what’s best for the children, even if it means adjusting plans. 

Ways to Build New Family Traditions after Divorce

We’ve compiled a list of three, great ideas for newly divorced couples with families to create new traditions in the next chapter of their lives and the lives of their kids.

  • Plan Your Getaway: Starting a yearly vacation tradition with your family can be incredibly rewarding. You might opt to revisit a beloved destination annually, or perhaps you’ll gather everyone’s input to decide on a new adventure each year. This special time away gives everyone something to eagerly anticipate and offers a valuable opportunity to reconnect amidst the hustle and bustle of daily life.
  • Acknowledging Change: It’s unrealistic to expect life to remain unchanged post-divorce. Significant adjustments lie ahead, and it’s essential for everyone involved to recognize and accept this reality. However, this transition also presents an opportunity to establish new plans and traditions for the future. Clear communication about custody arrangements and upcoming events helps set expectations and fosters a sense of stability for all.
  • Embrace Flexibility: Flexibility can be a cornerstone of amicable divorces, though it can be challenging when tensions run high. Yet, being open to compromise can benefit everyone involved. For instance, offering to adjust your schedule to accommodate your ex-spouse’s plans for a special event demonstrates goodwill and may pave the way for reciprocal flexibility down the line.

Focus on What You Can Control This Mother’s Day

Finally, in navigating Mother’s Day after a divorce, it’s important to focus on what you can control and let go of what you cannot. While you may not be able to control your ex-partner’s actions or attitudes, you can control your response and behavior. Here’s how to focus on what you can control:

  • Practice Self-Care: Take care of yourself emotionally and physically before Mother’s Day. Engage in activities that bring you joy and relaxation, whether spending time with friends, practicing mindfulness, or pursuing a hobby.
  • Stay Present: Instead of dwelling on the past or worrying about the future, focus on being present and enjoying your time with your children.
  • Seek Support: If you feel overwhelmed or emotional, lean on friends or family. Surround yourself with positive influences who can offer encouragement and perspective.

A family law attorney can offer guidance and legal advice to help you develop a plan that provides clarity and structure throughout the planning process. With a clear plan, you can aim for special celebrations filled with warmth and understanding.

How Masters Law Group Can Help

Navigating Mother’s Day after a divorce requires patience and a willingness to prioritize the well-being of your children above all else. At Masters Law Group, our family law attorneys focus on helping clients assert their rights to further the best interests of their children.

As a mom herself, Partner Erin E. Masters can empathize the pain moms must go through when navigating divorce proceedings, especially over Mother’s Day. To help mother’s across Illinois, Erin is also a court-appointed Child Representative with experience advocating for children in these high-conflict matters. Furthermore, Partner Anthony G. Joseph is an approved Guardian Ad Litem/Child Representatives list for the Domestic Relations Division of the Circuit Court of Cook County.

With a strong focus on assisting clients in Chicago and Chicago’s Western Suburbs (Elmhurst, Hinsdale, DuPage, Oakbrook), we offer various services to help parents, children, and families through difficult times like divorce and allocation of parental responsibilities. If you face challenges navigating Mother’s Day after or during divorce and want to know your rights, don’t hesitate to reach out. Set up a complimentary consultation today.

Divorce vs. Mediation – Which Path is Right for You?

When deciding how to handle a divorce, it’s important to consider the benefits of traditional divorce versus mediation. Each approach has its benefits and drawbacks, so understanding the differences is key to making the right choice for you and your family. 

Divorce can be emotionally challenging no matter where you are in life. Masters Law Group, based in DuPage County, Illinois, with offices in downtown Chicago, is committed to helping couples navigate these tough decisions and offers a comprehensive approach to divorce resolution. Here’s what you need to know.

Understanding Divorce

Divorce involves each party retaining their attorney to represent their interests in court. This process can be adversarial, with a judge often making negotiations and decisions if the parties cannot agree. There are three major types of divorce: contested, uncontested, and civil union. 

Contested divorce occurs when there are contentions between spouses and requires numerous steps. An uncontested divorce occurs when there is agreement on all aspects of the divorce. Civil union divorce follows similar divorce processes, but the couple leaves the state where they were granted civil union. Let’s take a look at some pros and cons of divorce.

Divorce Litigation Pros:

  1. Legal Advocacy: Each spouse has dedicated legal representation to navigate the complexities of divorce laws and procedures.
  2. Court Intervention: A judge can resolve disputes when the couple cannot reach agreements on their own.
  3. Protection in High-Conflict Situations: In high-conflict cases, where emotions run extremely high or concerns about safety and abuse arise, litigation may provide a more structured and protective environment. Court orders can include provisions for restraining orders, protective orders, and supervised visitation to help ensure the safety of all parties involved.

Divorce Litigation Cons:

  1. Longer Resolution Process: Laws vary by state, and the process begins with how long one has lived in the state before filing for a divorce. The process can vary depending on the type of divorce. Contested divorces usually take over a year to finalize—although divorces can be completed in as little as three months.
  2. Impact on Children: The contentious nature of traditional divorce can have a negative impact on the children involved, potentially leading to increased stress and emotional difficulties.
  3. Lengthy Resolution of Disputes: Divorce can take longer to resolve disputes over issues like property division or allocation of parental responsibilities, further prolonging the overall process.

Understanding Divorce Mediation

Divorce mediation involves a neutral third-party mediator facilitating discussions between the spouses to reach mutually acceptable agreements. Unlike judges, a mediator cannot decide for you or your spouse. Their job is to keep you and your spouse focused on your needs and interests instead of faults.

When a couple begins divorce mediation, they choose the mediator in advance, or the court may appoint one. Both spouses provide documentation to support their viewpoints regarding disputed issues, while the mediator works with both sides to find a resolution. The mediator’s job is to reach an agreement between the two parties. Here are the pros and cons of divorce mediation.

Divorce Mediation Pros:

  1. Faster Resolution: Mediation often leads to a quicker resolution than a court-based divorce. Mediation sessions can be scheduled at the convenience of the parties involved, and they can work at their own pace, leading to a faster outcome.
  2. Reduced Conflict: Mediation often helps couples improve their communication skills and learn effective ways to resolve conflicts, which can lead to the resolution of family disputes.
  3. Reduced Post-Divorce Disputes: Because mediated agreements are reached through mutual understanding and cooperation, there may be fewer post-divorce disputes and a higher likelihood of compliance with the agreed-upon terms.

Divorce Mediation Cons:

  1. Voluntary Participation: Both parties must be willing to engage in meaningful negotiations for mediation to be successful.
  2. Potential Inequity: Without legal representation, one spouse may feel disadvantaged in negotiating legal and financial matters.
  3. Not Suitable for All Cases: Mediation may not be appropriate for high-conflict divorces or situations involving domestic abuse or significant power imbalances.

How a DuPage Divorce Attorney Can Help

Whether you choose traditional divorce or mediation, consulting with a skilled DuPage divorce attorney is crucial to protect your rights and interests. Masters Law Group’s divorce and mediation attorneys are fully prepared to advocate for you and your family. Here’s how our attorneys can help you:

  • Experienced Mediators: Erin E. Masters has been approved as a Mediator for the Cook County Domestic Relations Division and offers private mediation services. The firm’s mediation counselors have extensive experience in family law and are skilled in facilitating productive discussions between divorcing spouses.
  • Experienced Litigators: A skilled litigator has the experience to present your case effectively before the judge. They meticulously prepare legal arguments, gather evidence, and strategically plan to help secure your most favorable outcome.
  • Conflict Resolution: They are professionals in conflict resolution, focusing on finding peaceful solutions for both parties and their children.
  • Protecting Your Interests: Masters Law Group attorneys work to protect your legal rights and the best interests of you and your children.

Our senior attorneys, Erin E. Masters and Anthony G. Joseph, are highly esteemed professionals recognized by prestigious publications, including Best Lawyers, Super Lawyers, and Leading Lawyers. This highly esteemed recognition provides you with trustworthy guidance during your divorce process.

Moving Forward With Confidence

Divorce is a difficult journey, but couples in DuPage County and across Illinois can access professional help to make the process smoother for everyone involved. Masters Law Group offers guidance on divorce and mediation, helping you find the best path forward for you and your family. We aim to help you achieve a resolution, allowing everyone to move onwards with peace of mind.

Contact us today to set up your complimentary consultation.

Can a Divorce be Amicable?

An amicable – or uncontested – divorce may seem impossible with the emotions involved in dissolving one of the most important relationships you’ve committed to. However it is not unreachable. 

Divorce is probably one of the most difficult experiences a person can endure. An amicable divorce almost always means an uncontested divorce, where both spouses agree to property division, spousal and child support, visitation and custody.  This does not mean to say both parties need to remain good friends after the fact, it simply means the spouses don’t fight and enter an agreement reasonably, without litigation.

Uncontested Divorces in Illinois

An uncontested divorce (referred to as a “dissolution of marriage” in Illinois) means that both spouses agree on all the key terms of the divorce.

Individuals can reach an agreement on their own or with a mediator’s help. The dissolution agreement should resolve all issues in the divorce and be signed by both spouses. If there are any areas where you and your spouse can’t reach an agreement, you’ll have to litigate those issues before a judge at trial. However, you can still settle your case at any time prior to the trial date.

Factors to consider with an uncontested divorce include:

  • Divisions of Property: In Illinois, property is divided equitably (fairly) in accordance with the Illinois Marriage and Dissolution of Marriage Act. In a contested divorce, the judge decides what is fair. In an uncontested divorce, the parties decide was is fair. For the most part, marital property is divided. Non-marital property is not divided.
  • Debt and other Assets: Pretty much the same as property. If debt is classified as marital and non-marital, then only the marital debt is divided.
  • Child Custody: In an uncontested divorce, the parties can agree on any custody arrangement they want, within reason. Technically, according the the Illinois Marriage and Dissolution of Marriage Act, there is no preference for joint legal custody. Visitation can be complicated, and there are sub-parts to any visitation schedule.
  • Child Support: Child support is paid according to statutory guidelines. However, particularly in an uncontested divorce, parents can agree to deviations on the statutory guidelines. In an uncontested divorce, parents can agree to handle support as the see fit, within reasonable limits.
  • Alimony: The term “alimony” is no longer technically correct. Court’s refer to it as spousal maintenance or spousal support. When it comes to spousal maintenance, any amount can be agreed upon, within reason.

Steps to a Peaceful Divorce

The thing you need to do when getting a divorce is pause and take a deep breath. No divorce is sweet and rarely is it as amicable as hoped for. However, there are some strategies that divorcing couples can learn in order to make their departure from the relationship as peaceful and stress-free as possible. Steps to take to achieve an amicable, respectful divorce from your spouse include:

  1. Eliminate blame: This can be extremely difficult depending on how the divorce came about. But blaming the other party will not help the uncontested divorce resolve sooner.
  2. Look ahead to the future: In order to move forward, you must only look forward to your future and your children’s future.  Wallowing in the past creates negative emotions and keeps you stuck in a victim state, which isn’t healthy for anyone.
  3. Negotiate in good faith: Don’t make agreements but in secret know you’ll withdraw them when the time comes to sign the agreement. Negotiating the terms of your divorce agreement in good faith will only help both parties move on fairly. 
  4. Put the children first: When you keep your kids’ best interest at heart, you often help find a way to do the right thing. Create a good parenting plan and be good co-parents once your divorce case is finalized.
  5. Listen to your attorney: Don’t try and be brave and go it alone. Instead, be sensible and invest in you and your future, and hire an attorney experienced in family law and divorce mediation. 

Divorce Mediation

Mediation can be enormously helpful when couples want to resolve issues amicably and thus avoid a court battle. When you mediate, both parties come to a neutral, often licensed mediator to help the couple ink out the final agreement for the court filings. The goal of this practice is to get couples to agree on as much, if not all, the terms of the divorce making it an amicable divorce. Among peaceful divorce solutions, mediation is at the top because it’s the only divorce method that enables both parties  to:

    • Negotiate the terms of your no-fault divorce or separation in good faith.
    • Focus on the big picture.
    • Put the needs of your children first and create a good foundation for co-parenting and life post-divorce.

At Masters Law Group, we provide divorce mediation services and also represent clients involved in mediation. If you are looking to settle your family law matter without court intervention, contact Masters Law Group to schedule a mediation appointment here.