A significant percentage of spouses who divorce in modern times are not required to engage in a courtroom battle in order to terminate their marriage. Many elect for cooperative divorce techniques including but not limited to mediation and attorney-facilitated negotiation. Cooperative divorce is often employed regardless of the level of amicability, as the issues incident to divorce can be resolved by mutual agreement even without bringing the spouses face to face. Yet, certain circumstances can render collaborative divorce impossible or impracticable. 

If your spouse is unwilling or unable to cooperate with these alternative dispute resolution mechanisms, it may be prudent to prepare yourself for litigation. If you begin to suspect that litigation is inevitable, it would be prudent to address these concerns with a divorce attorney. It is inadvisable to enter litigation or negotiations that could lead to litigation without the assistance of a qualified lawyer. 

Circumstances That May Suggest the Inevitability of Litigation

A frequent roadblock in the path to uncontested divorce is the refusal of one spouse to compromise and communicate effectively. The following signs may indicate that you will require the use of traditional courtroom hearings to resolve the issues in your divorce case include: 

Trust and honesty are extremely important in a relationship. You and your spouse should be comfortable telling each other just about anything - especially when it comes to their financial status. Yet, it happens all the time that people sign a prenuptial agreement thinking they have all the right information, only to find out that some very important things were left out. If you were not represented by a lawyer when you signed your prenuptial agreement, you probably did not do a huge amount of fact-checking. After all, this was the person you were about to marry. You were likely very happy together at the time, even if that happiness stemmed from a falsehood on your spouse’s part.

Now, if things have changed and you are thinking about divorce, your prenuptial agreement could be very important. The good news is that if you were tricked or coerced, your prenuptial agreement may not be enforced against you. 

Prenuptial Agreements Based on Dishonesty, Coercion, or Unfairness

Not all prenuptial agreements are inherently unfair, despite the way they are commonly portrayed in media. Often, couples who are able to sit down together and work out a fair deal are very strong couples. If the idea of actually sitting down, making important financial disclosures, and then compromising on important terms sounds foreign to you, there is a possibility that your spouse has taken advantage of you. 

Orders of Protection can be great tools for helping you keep yourself and your children safe during a divorce. However, what these orders can and cannot do is not always well-understood. Some people—women particularly—refrain from getting a protection order even though they are eligible for one, often due to misconceptions about how they work. While protection orders are civil, rather than criminal, your spouse can be arrested if they violate one. This is often enough of a deterrent to keep domestic violence offenders away from their victims.

However, civil protection orders should not be used as tools of manipulation during an ongoing divorce. If you are in need of protection from a violent spouse, you should urgently speak with your divorce lawyer so they can get the ball rolling. 

What a Civil Order of Protection Can Do

A few of the most important things that a civil protection order can accomplish include:

As you might imagine, money is a huge factor in any divorce case. This is especially true in contested divorces. When a spouse gets divorced, he or she is expected to provide financial information in a financial affidavit. In Illinois, this document helps to determine things like child support and property division during divorce.

Unfortunately, some spouses lie on their financial affidavits. They may intentionally undervalue their assets or fail to list all sources of income to make their financial situation appear bleaker than it actually is. Spouses may also inflate debts and expenses to reduce financial obligations like child support or spousal support. If you are getting divorced, make sure you understand how this important means of financial disclosure will influence your case.

Financial Disclosure is Crucial During Divorce

It may feel uncomfortable to list personal financial information on your divorce paperwork. However, the court needs this information to make informed decisions during the divorce process.  Even if your case settles before trial, you and your spouse can only reach an agreement on divorce terms if you are both honest about your financial circumstances.

No one wants to be involved in a child custody dispute, but if you have a difficult relationship with your child’s other parent, it can be tempting to resort to unsavory tactics to gain more parenting time. While many divorced or never-married parents dream of getting sole custody, it is rare in Illinois. Your desire to spend as much time as possible with your children is very understandable, but it is important to play by the rules. Here are some common tactics that you should avoid when you are involved in a child custody dispute. 

How Not to Fight a Child Custody Battle

You would do anything for your children, but some tactics are likely to backfire on you. Even if your child’s other parent is attempting these strategies, it is generally best to let your attorney handle it. It is easy for a guardian ad litem, judge, or child custody evaluator to tell when a parent is trying a tactic like: 

• Coaching the child - “Coaching” a child means telling them what to say, either to the court or to the other parent. Some parents will train even very young children to say certain things that they think may sway a court. It is often very apparent to outside parties when a child has been coached. When a child is simply parroting what a parent has instructed them, they are often unable to provide consistent responses to other questions. 

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