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st. charles divorce lawyerWhen a couple knows the marriage is over, divorce is inevitable. However, before couples can divorce, Illinois law requires them to meet a legal standard that shows they have irreconcilable differences, that past attempts at fixing the marriage have failed, and that future attempts would fail as well. 

Couples can still live together, file for divorce in Illinois, and finalize the divorce on the same day - as long as there isn’t any objection from either party. But if one party does object, or denies there are irreconcilable differences, a six-month separation period is considered proof by the court that there are irreconcilable differences and that the marriage has broken down. 

In this article, we’ll explore what it means to live separate and apart, and how couples who wish to do it can establish the six-month separation period. 

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St. Charles collaborative divorce attorney

Disputes regarding the division of marital assets and debts, allocation of parental responsibilities and parenting time, child support, spousal maintenance, and other divorce issues can be legally complicated and emotionally exhausting. If you are ready to end your marriage, you may wonder how you can resolve these issues without your divorce case going to trial. Alternative dispute resolution (ADR) methods have helped countless divorcing couples reach an agreement about the terms of their divorce outside of the courtroom. One such ADR that may be beneficial to you is collaborative divorce.

Resolving Divorce Issues Using Collaborative Law

If you are like most individuals facing divorce, you probably want the divorce process to be as amicable as possible. Collaborative divorce is a process during which divorcing spouses and their respective attorneys work together instead of against each other to negotiate divorce issues and reach solutions. Every individual participating in the collaborative process signs a Participation Agreement or Collaborative Agreement in which they promise to openly share relevant information and negotiate in good faith. Participants also promise not to take the divorce case to litigation. If the case does end up going to trial, the attorneys must withdraw from the case and the spouses must hire new attorneys. This ensures that everyone is fully motivated to reach a resolution through the collaborative process.

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1737 South Naperville Road, Suite 100
Wheaton, IL 60189
630-549-0960
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We serve clients throughout Kane County, Illinois including St. Charles, Geneva, Batavia, North Aurora, Elgin, Algonquin, Aurora, Barrington Hills, Bartlett, Big Rock, Burlington, Campton Hills, Carpentersville, East Dundee, Elburn, Hampshire, Huntley, Kaneville, Maple Park, Sleepy Hollow, Wayne, West Dundee as well as throughout DuPage County.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree