Getting divorced is unlike other break-ups. Not only do couples have to deal with the emotional consequences of ending a marriage, they must also deal with the legal and financial ramifications of getting divorced. There is no way to completely avoid all negative economic consequences during divorce, but there are a few things you can do to help minimize these consequences.

One of the best ways to protect your rights and safeguard your finances during divorce is to get help from a qualified Illinois divorce lawyer. Additionally, experts have other pieces of wisdom which can help you avoid the most common financial pitfalls during divorce.

Mistake 1: Being Unaware of Your Family’s Finances 

In many marriages, one person does the majority of the financial planning. If you are getting divorced and are not up-to-date regarding your financial scenario, you can easily be taken advantage of. If you are considering divorce, it is a good idea to gather certain documents now, instead of waiting until you need those documents. Unfortunately, divorce can sometimes bring out the worse in people and your ex may be unwilling or unable to provide these items in the future.

Generally, Illinois law does not require that attorneys' fees be paid by one spouse or the other. However, there are situations in which a court may step in and award attorney fees to a spouse, especially if the financial situation in the marriage is significantly lopsided. In these situations, the burden is on the spouse needing help to show that he or she has no ability to pay an attorney.

The most well-known Illinois decision on this topic is In re Marriage of Earlywine, which was decided in 2013. Neither Earlywine had funds to hire a divorce attorney, but the husband's family loaned him enough to do so. The court held that since Mr. Earlywine now had a concrete advantage over his wife, he was obligated to contribute toward her attorney's fees so as to level the proverbial playing field. This was held despite the fact that a significant portion of the money had already been paid to Mr. Earlywine's attorney; the concept of a “level playing field” in divorce litigation was deemed more important in terms of public policy by the court.

If Court Orders Are Disobeyed

In divorce cases, due to the discretion afforded a trial court, the calculation of maintenance can vary significantly from judge to judge and county to county. However, this should change as of January 1, 2015. The Illinois legislature has enacted a new law that impacts how courts will determine maintenance in divorce cases, and it will have a significant impact on future maintenance determinations in Illinois.

In many divorce cases, maintenance calculations have been difficult to ascertain. Judges have often had great discretion in awarding maintenance. However, a new Public Act impacts how courts will award maintenance to couples with a combined income of less than $250,000.

How Judges Previously Calculated Maintenance

The process of legally ending a marriage can take longer than most people expect. Additionally, life and all of its expenses continue while a divorce is pending. Illinois law provides for temporary relief. Spouses going through a divorce can seek temporary custody, temporary child support, and temporary spousal maintenance in order to address these issues while waiting for a judgment of divorce.

If a couple is married and have children together, both parents have parenting rights under the law. Therefore, in a divorce, each parent could move for temporary custody. Usually, the parent who is the primary caregiver wants the children to stay with him or her while the divorce is pending and while the court decides matters of final custody.

Regardless of how long you've been married or what caused things to break down, divorce is usually a very hard time for you and your family. Even though you may be anxious and eager to have the marriage officially ended as soon as possible, issues that can crop up during the divorce process can potentially slow things down, causing even more stress and anxiety for everyone involved. It is therefore wise to take some steps before you even file for divorce that will help eliminate some of these issues and complications. Helpful Steps to Take

Helpful Steps to Take Before Filing for Divorce