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DuPage County divorce attorneyDivorce is no doubt one of the most stressful things a person can experience in their lifetime. Even for adults, coping with the stress of a divorce can be difficult, but for a child, it can be nightmarish. Children are not nearly as developed as adults are in any sense, whether that be emotionally, physically, or mentally. As such, children tend to have a much more difficult time coping and dealing with the impact of the divorce than their parents, especially if the divorce is particularly contentious. For many parents, the well-being of their children is the most important thing and at the top of their list of concerns, and if they are struggling to cope with your divorce, it may be beneficial for them to talk to a family therapist.

Signs That Your Children Are Struggling to Cope

Here are a few signs that may indicate that your children need help:

  • Frequent Outbursts or Displays of Aggression: Children are still learning important skills, like emotional control and regulation. Some children may express their strong emotions by lashing out in anger, throwing tantrums, being disobedient, or otherwise acting completely out of character.

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DuPage County high-conflict divorce attorneyGetting a divorce is rarely easy, but for some couples, the divorce process can be especially troublesome. It is normal for a divorcing couple to have disagreements, but when it seems as if the conflict will never cease, you can begin to feel worn down and burnt out. This can end up affecting not only your divorce case, but your physical and mental health, too. In many cases, a high-conflict divorce is the product of a high-conflict spouse. Often, it is possible to predict whether or not your spouse is likely to be combative or difficult to work with during your divorce process, allowing you to prepare yourself emotionally, mentally, and practically. 

Managing the Divorce Process With a Difficult Spouse

If you are going through a high-conflict divorce, here are a few ways to help you survive:

  • Limit the contact you have with your spouse. The easiest way to limit the stress of a high-conflict divorce is to limit the amount of communication you have with your spouse. A high-conflict spouse may thrive off of the arguments and the rise they can get out of you, so limiting the amount of time you spend talking with one another limits the amount of time they have to escalate the situation. Try to cease face-to-face communication and keep emails, text messages and phone calls short and simple.

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DuPage County family law attorneysEven if you have the best of intentions going into your divorce, you can still end up going through a contested divorce if your spouse decides he or she will be combative. Many times, you will know when your spouse is going to be difficult about certain issues in a divorce. In some cases, your finances can be the point of contention in your divorce and the source of much of the tension and disagreement. Some people end up needing to use subpoenas during their divorce cases and some do not; the majority of that depends on how cooperative your spouse is when it comes to the discovery process and dividing your assets.

The Discovery Process and the Role of Subpoenas

The discovery process is the formal exchange of financial information between the two spouses during a divorce. In some cases, this process does not even have to happen because both spouses are able to be fair and reasonable when it comes to asset division. However, in most cases, especially complex divorce cases, the discovery process is essential for uncovering all relevant financial information and documents. This is also typically when you or your attorney would request and draft any subpoenas for documents that you may need. You are permitted to subpoena people as well, but it is rare that you need to subpoena a witness in a divorce case.

Situations in Which a Subpoena Can Be Helpful

Not everyone is going to need to request and use subpoenas during their divorce. If your spouse is being cooperative and is complying with your requests for certain documentation or proof of other financial information, you usually do not need to go through the trouble of getting a subpoena. In some situations, however, subpoenas can be useful to ensure your interests are being protected. You may want to consider using subpoenas if:

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Naperville divorce attorney property division

When you have come to the decision that you and your spouse are going to get a divorce, you will likely experience a flood of different emotions, ranging from relief, sadness, depression, anger, and rage. While it may seem strange to experience such complex emotions, divorce is a complicated event that encompasses every area of your life. Once you reach the property division stage of your divorce, you and your spouse will be required to divide your marital property in an equitable manner, according to Illinois law. Your marital property includes anything that either you or your spouse took possession of during your marriage, including items like vehicles, the family home, and other real estate. Determining what to do with these assets -- especially the family home -- typically begins with an appraisal.

What Are the Benefits of a Home Appraisal?

For many couples, the family home is the biggest investment and the most expensive asset they own. Handling these assets carefully is crucial for you to get your fair share of the marital estate. Getting your home appraised before you proceed with the asset distribution process can provide you with an estimate as to how much your home is actually worth. In many cases, especially when there are children involved, there are emotional attachments to the home. This sometimes leads to one spouse wanting to keep the home. In this case, an appraisal can still be useful as you will have an accurate market value of the home so you know how much money you need to “buy out” your spouse’s portion of the home.

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DuPage County divorce attorney debt division

For many people, going to college to get an education is an important step that they must take to advance themselves in their careers. However, college education does not come with small price tags. According to Forbes, there are approximately 45 million people in the United States with student loan debt, the majority of which owe between $20,000 and $40,000. Student loan debt may be one of the largest debts that either you or your spouse have. If you decide to get a divorce in Illinois, debt can be an important factor when it comes to asset and debt division since you are required to allocate all of your property and liabilities. An experienced Illinois divorce attorney can assist you with this process.

Are Student Loans Marital or Nonmarital Property?

Before you can even begin to look at dividing up student loan debt, you must first look to see if the debt is technically marital or nonmarital property. If the student loans were incurred before the marriage took place, then they would be considered non-marital property and would likely remain the responsibility of the person who incurred them. If the student loans were obtained after the marriage took place, they are considered marital property and will be subject to division.

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