Law Offices of Tedone and Morton, P.C.

Joliet Office

815-666-1285

Plainfield Office

815-733-5350

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Plainfield divorce mediation lawyer While most divorces come with significant stress and intense disagreement, the divorce process does not have to be an all-out war. Even couples who do not currently get along can make divorce less combative, time-consuming, and expensive by avoiding courtroom litigation. One way to accomplish this is through divorce mediation.

Divorce Mediation Process

In divorce mediation, spouses reach agreements on the provisions contained in their divorce decree by utilizing a third-party mediator. Divorcing couples do not have to be on ideal terms in order for mediation to be successful. They only need to enter the process with a positive mindset and a willingness to find common ground. A skilled divorce mediator will bring extensive knowledge of Illinois divorce law to the table, along with an ability to settle disputes effectively. This means keeping personal conflicts out of the mediation sessions and focusing solely on the business at hand. A mediator’s job is not to be a couple’s counselor. It is to achieve agreements that benefit both parties in their post-divorce life. That said, an adept touch in defusing potential arguments is a beneficial trait for a mediator to have. Divorce mediators address all issues relevant to spouses in crafting a divorce agreement. This includes the division of marital property, child custody, child support, and spousal maintenance. Spouses can adhere to exact state guidelines when it comes to asset division and future payments, or they can create their own arrangements specific to their situation. In mediation, a couple has complete control over what happens. In divorce litigation, it is the exact opposite, as a judge will base decisions on the information provided, with little room for nuance. For couples who have children together, divorce mediation can be the first step toward successful co-parenting. It reduces the amount of anger and resentment involved in the divorce process. By working together, you set a standard of cooperation, and your children are spared the negativity that often emanates from prolonged courtroom battles.

Choose a Plainfield, IL Family Law Attorney

At Law Offices of Tedone and Morton, P.C., we are prepared to help you navigate the divorce process, regardless of the level of disagreement between you and your soon-to-be ex-spouse. Our experienced Will County divorce mediation attorneys know how to bridge the gap between couples to create an effective divorce decree. To learn more about how we can help you today, call us at 815-666-1285 for a free consultation. Sources:

  • http://huffpost.com/entry/divorce-mediation-myths_n_831334

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Will County Estate Planning and Divorce LawyerWhen you are going through divorce proceedings, the property and assets that you and your spouse shared will have to be divided. In addition to myriad other legal ties that need to be broken, something you may not have considered is what will happen with your last will and testament. After all, the will you had drawn up during your marriage most likely does not reflect your wishes now.

Illinois law dictates that after a divorce is finalized, neither party will hold legal claim to anything that the former spouse had designated for him or her in their will. However, during the divorce, before the marriage is officially terminated, is a different story. If you were to pass away in the midst of your divorce proceedings, your spouse would still be entitled to whatever your current will states. Therefore, it is important to make needed changes as soon as divorce is filed.

What Revisions Should Be Made?

Experts say a divorcing party should revise his or her will and any other estate planning documents to ensure that any children or other family members are taken care of, along with any charities or organizations that they wish to include. If a spouse was previously named as the executor, that should also be changed. Parents should also name the person or people they would like to take custody of any minor children in the event of their death.

Can a Spouse Contest Will Changes?

It is possible for a spouse to fight against will revisions made during a divorce. According to the Illinois State Bar Association, another option is for the divorcing party to create a trust. While a spouse may be able to renounce a new will if their former partner dies before the divorce is finalized, allowing them to take over one-third of their soon-to-be-ex's estate, spouses are not able to renounce a trust. Putting assets in a trust will ensure that the former spouse would not get any percentage of these assets. However, the trust must not be in the divorcing party's name, and it must be funded prior to that party's death.

Taking Steps to Protect Your Assets During Divorce

Every case is different, and the Joliet, IL family law and estate planning attorneys at the Law Offices of Tedone and Morton, P.C. can help you determine what is best for your individual situation. Call 815-666-1285 to arrange a free consultation and discuss your options for protecting your assets during your divorce.

Sources:

https://www.isba.org/iln/2017/10/11/5-estate-planning-steps-divorcing-clients

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prenupMore and more couples are protecting their financial futures by signing a prenup before they get married. However, many of them are making certain mistakes that could hurt them rather than help them in the event their marriage does not work out. Here are some of the most common prenup mistakes to avoid.

No Independent Legal Representation

It is important for both parties to hire separate attorneys. This way, each attorney can help each party thoroughly understand the prenuptial agreement. It can be difficult for both parties to feel comfortable with the prenup parameters if they have the same attorney.

Allowing Emotions to Get in the Way

Sometimes, couples let their emotions get in the way and are unable to communicate and clearly think about what is right for their future. Couples should understand that a marriage is a financial partnership in addition to a romantic partnership. It is vital they view their marriage as a business transaction and try to put their emotions aside.

Continuing to Think About the Prenup

After couples have carefully designed a prenup and discussed it, they should sign it and move on with their lives. Rather than continuing to think about the prenup, they should focus on their engagement and marriage and hope they never have to think about their prenup again.

Not Wanting to Talk About It

It is true. Talking about a prenup is not as fun as talking about a wedding or honeymoon. However, by not talking about it, someone can be hurt in the future. It is imperative that couples communicate about what to include in their prenup and work together to design one that will protect them both if things work out. Failing to do so can lead to financial hardship in the future.

Failing to Disclose All Assets and Debts

The court may consider a prenup invalid if one party does not completely disclose all of their assets and debts. Therefore, it is vital that each party is forthcoming about all of their financial information in the agreement.

Waiting Until the Last Minute

Often times, couples wait until a few weeks or days before their wedding to sign their prenup. This is risky because one party can argue that they were forced into signing the agreement if a divorce does arise. If possible, prenups should be signed three to six months before the wedding.

Contact Our Plainfield Divorce Lawyers

To ensure your prenup is constructed properly and you do not make any of these common mistakes, reach out to our experienced Plainfield divorce lawyers at 815-666-1285 for a consultation.

Source:

https://www.huffingtonpost.com/david-centeno/10-common-prenup-pitfalls_b_4214860.html

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Joliet divorce lawyersAlthough the rate of divorce in America has declined across most age groups, later-life divorces have more than doubled over the last two decades. Relationship experts, financial advisors, religious leaders, and family law professionals all have their theories as to why this trend is occurring, but there seems to be one universal concern: the financial, emotional, physiological, and mental health of each party is at risk. Learn why, and discover how you may be able to mitigate against the potential risks during your divorce with help from the following information.

Money and the Late-Life Divorce

Being married to someone for a decade or two leads to the inevitable procurement of stuff – homes, vehicles, antiques, artwork, etc. – but it is often on a much larger scale than most divorces. Parties may have been married so long that they may not even agree on when certain assets were acquired (and they might not have receipts). All this means more legal fees for later-life divorcees. However, it is not just the cost of the divorce that is problematic.

Parties who are divorcing later in life may already be retired, or they may be nearing it with very little time to make up for any lost income in the divorce. Depending on their health and skill set, their options for making up income could also be limited to low-wage jobs or odd side jobs, and that does not make a full recovery likely. To make matters even worse, couples typically only plan for one retirement, not two – and now the nest egg must be split between them. As such, late-life divorcees are encouraged to plan their divorce ahead of time and to ensure they have legal and financial experts on their side, helping them through the process.

Health and the Late-Life Divorce

Financial implications of divorce are well-known, but the health of individuals – both mental and physiological – are less discussed topics. Unfortunately, this can be extremely dangerous in late-life divorces because there are many factors and situations that can impact their mental and physiological health. For example, some parties may lose their insurance in divorce. If they are ineligible for Medicaid or Medicare but have a serious physical or mental health condition, this loss could endanger their lives. Depression, an increased risk of heart attack, weight gain, loss of appetite, and other health issues that are commonly experienced during divorce may also have a greater impact on persons in the later-life divorce stage.

Contact Our Joliet Divorce Lawyers

If you are planning on filing for divorce and are nearing or in retirement, contact the Law Offices of Tedone and Morton, P.C. for assistance. Our dedicated Joliet divorce lawyers understand the challenges that later-life divorcees face, and we respond to their needs with compassion and creative solutions. Schedule your personalized consultation to see how we can assist with your case. Call 815-666-1285 today.

Source:

http://www.kiplinger.com/article/retirement/T065-C032-S014-the-true-cost-of-gray-divorce.html

People say you should never talk about politics in a social setting, but what about in your marriage? Perhaps, even then, it is best to keep your opinion to yourself – at least until the current political storm has passed. In fact, news sources are now saying that the Trump presidency is causing an increase in divorce throughout the United States.

In a poll conducted by Wakefield Research, 22 percent of the 1,000 respondents said that they know of at least one couple's relationship that was affected by the election of President Donald Trump. 24 percent of all participants in a relationship or marriage said that they now argue about politics more than ever.

Divorce and Politics – A Relatively New Issue?

To say that married couples have always agreed on their individual political views would be incorrect; disagreements about politics, even in marriage, are quite typical. However, it has only been recently that these ordinary agreements have become volatile – since the inauguration of our current president. Couples are genuinely shocked, appalled, angered, and confused about their spouse's political views right now. They are discussing matters that are core issues, which often coincide with one political party or the other. In short, couples are finding that this presidency, this political atmosphere, is different.

Presidency and Politics May Be Catalysts

Although it is possible that couples really are divorcing over their political views, it is highly unlikely that this is the only factor. Odds are, the couple may have had troubles that did not surface until the recent political shift. For example, the couple may have always had communication issues, but now that they disagree so strongly about basic life principles, they are unable to resolve the matter. Instead, they fight and argue and may even begin to resent one another. So, while politics may have served as the catalyst for their divorce, it is possible that the divorce may have occurred eventually, regardless of any external or political events.

Is Divorce Appropriate for You?

Only you can truly decide if divorce is the appropriate path for your marriage. However, if you have noticed that contention, violence, lack of intimacy, and other issues have increased since the presidential election, it may be time to consider your options. For example, you might attempt marital counseling before moving forward with a divorce, or if you were already thinking about divorce before the presidency, you might wish to start the process.

Regardless of your choice, the Law Offices of Tedone and Morton, P.C. can help. Dedicated and experienced, our seasoned attorneys understand the many challenges of divorce, and we will fight to protect your rights and interests. Get started by calling 815-666-1285 and scheduling a personalized consultation with our Joliet divorce lawyers today.

Source:

http://www.nydailynews.com/news/national/trump-presidency-destroying-marriages-country-article-1.3386982

http://www.brides.com/story/donald-trump-presidency-causing-divorce

https://www.nytimes.com/2016/08/14/fashion/marriage-politics-donald-trump-hillary-clinton.html?mcubz=1

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