Will County Same-Sex Contested Divorce Lawyer

If you are going through a divorce, an accomplished same-sex divorce attorney could be a valuable resource to help you understand the options and legal procedures available to you. A Will County same-sex contested divorce lawyer at Reidy Law Office LLC could help guide you through the divorce process to a favorable resolution.

Joint Simplified Divorce

Illinois has a specific kind of expedited uncontested divorce known as a joint simplified divorce. To be eligible, the parties involved must meet certain threshold requirements, such as:

  • Neither party can be dependent on support from the other
  • Neither party can be part of the military
  • There must be irreconcilable differences
  • The couple has no biological or adopted children born during the marriage, and the wife is not pregnant
  • The length of the marriage must be eight years or less
  • The couple has combined retirement benefits of less than $10,000
  • They must waive their right to maintenance

Additionally, the fair market value of everything they own must be less than $50,000 combined, and both parties must have less than $60,000. The combined gross income must be less than $50,000, and neither party can make more than $30,000. The couple must disclose all their assets together and then have a verbal or written agreement.

Few people qualify for an uncontested joint dissolution, and all other divorces are considered contested dissolutions, even though they can become uncontested by common terminology. A contested issue is when the parties disagree on something. Usually, the parties engage in several steps in order to reach an agreement so they try negotiation and mediation. If they still cannot reach an agreement, the judge makes a decision, and that means the issue is contested.

Common Disagreements in Divorces

Every divorce situation in Will County is different. The most difficult issues to resolve involve the children. The parties consider custody arrangements, visiting arrangements, child support, and holidays. If the parties are set in their ways as to how they think the children should be raised, there is more of a conflict.

Another thing that might be contested is the evaluation of a privately-owned business. A financial accounting may may need to be done to accurately understand the financials of running the business. The business has to be valued, which could be subjective in some criteria if the parties cannot agree on the value. This is usually a long process over several months.

Property Division

Financial evaluation applies for other things to be divided such as a house. There are different ways to determine the distribution of items. The parties might implement a multi-step process. Step 1 is assessing the value of the item. Step 2 is determining who gets the item. When the parties cannot agree on the value of an item, they may need to have experts come in and testify. For example, people may have a general idea of what their house is worth, but it is truly only worth what someone is willing to pay for it. When the parties are far apart in their negotiations of a value, an expert could come in and testify as to an appraisal bond and what they think the house is worth.

Protecting the Interests of Children

When a divorce is contested and children are involved, an attorney might be appointed for the children for a trial. The attorney is appointed as a child representative or guardian ad litem (GAL). Different counties appoint different roles. Will County usually appoints a guardian ad litem. Cook County may appoint a GAL or a child representative, depending on the age of the child. The attorney is legally responsible for protecting the well-being and interests of the child throughout the divorce process. The attorney might conduct investigations or meet with the children and the parties involved in the situation. In a sense, the attorney is the eyes and ears of the court on behalf of the children.

Sometimes, the parties cannot reach an agreement, even after a GAL or child representative is appointed. The court may order psychological testing on behalf of the children and the parents to identify the best outcome.

Contacting a Same-Sex Contested Divorce Attorney Will County

The team of experienced Will County same-sex contested divorce lawyers at Reidy Law Office LLC has the experience needed to help you through the divorce process. Contact our firm today to discuss your situation.

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