Divorce is a complex process that requires careful planning. Shrewd spouses begin this planning process as soon as possible – often before even telling their partners that they plan to end the marriage. If a spouse successfully lays the groundwork for divorce ahead of time, they may gain considerable advantages during the actual legal proceedings. This could increase the chances of positive outcomes in property division, child custody, alimony, and every other aspect of divorce. Perhaps most importantly, however, effective divorce planning can reduce stress and psychological pressures. When a spouse plans out this process ahead of time, there may be fewer surprises and challenges to contend with. An experienced divorce lawyer in Chicago may be able to help spouses confidently start the divorce planning process. To learn more about the next steps, consider contacting Johnson O’Keefe at (312) 319-4444.
Divorce Planning Can Start Before Filing
Spouses can start planning how to end their marriages before filing for divorce. Like many states, Illinois is a “true” no-fault state – which means filing for divorce on fault-based grounds is impossible. The general consensus is that in a no-fault state, it does not matter which spouse files for divorce first. While filing first may not provide any real legal advantage, planning your divorce ahead of time can be highly beneficial. Spouses may meet with their divorce lawyers and spend months creating extensive plans before officially filing their divorce petitions. The other spouse could be caught off-guard when they receive the divorce papers, and they may struggle to formulate their own legal strategies in a timely manner.
Note that spouses may begin this process even if they are not sure whether they want a divorce at all. An established divorce law firm like Johnson O’Keefe can help spouses understand what might happen during a divorce – allowing them to assess whether this is truly the right choice. A consultation with a divorce lawyer is always confidential due to strict attorney-client privilege rules. Even if a spouse discusses a potential divorce with their lawyer and decides not to move forward, these discussions will never become public. Note that attorney-client privilege applies even if a spouse never officially “hires” a divorce lawyer.
How to Plan for Safety Before Filing for Divorce
A particularly important aspect of divorce planning may involve safety needs. Many people worry that filing for divorce could make their spouses become violent or abusive, and these are legitimate concerns. A spouse who shares these concerns should raise them during an initial consultation with a divorce lawyer in Chicago. Various options could help improve safety for the spouse, children, and any other vulnerable members of the household. The National Institutes of Health states that partner violence is relatively common during the divorce process.
Perhaps the most obvious option is a protective order – also known as a restraining order in Chicago. This court order could be helpful for a spouse who has been threatened with violence if they ever file for divorce. With this legal protection in place, a spouse can safely move out of the family home with oversight from law enforcement. Protective orders may also force the violent/abusive spouse to move out. Finally, a protective order could force the respondent (the violent individual) to provide a spouse with financial support.
Top Concerns During Divorce Planning
Spouses may have various concerns as they approach divorce planning. Some of these issues are highly technical, while others may be more emotional or psychological. Many spouses may be unaware of the more complex aspects of divorce, and they may discover unforeseen challenges after consulting with a lawyer.
Many Divorces Have Significant Tax Implications
Divorce can trigger significant tax issues. Divorce planning may address these concerns, as spouses should attempt to minimize tax implications as much as possible during property division. Spouses may struggle to understand or predict these tax issues.
In many divorces, a particular property division outcome might seem attractive at first – but it could trigger tax issues that reduce the true value of the property. This is a common concern during asset trades, buyouts, and other deals between spouses.
Psychological Concerns Can Be Just as Important as Financial Concerns
Although it is easy to focus on the legal and financial aspects of divorce, spouses should also prioritize their psychological well-being during this process. Even a relatively quick uncontested divorce may take months to finalize, and contested divorces can drag on for years. In preparation for this potentially stressful process, spouses should consider various support systems before filing for divorce.
For some, this could be something as simple as spending more time with family. For others, therapy sessions with mental health professionals may be more appropriate. Many spouses decide to take vacations after filing for divorce, as this could help them return to the planning process with less stress. Mental Health America states that feelings of sadness, confusion, and frustration are normal during divorce.
Freezing Assets May Be Necessary During Property Division
Another important aspect of divorce planning may involve freezing assets. Often, these asset freezes are enforced by court orders immediately after filing for divorce. This step may be crucial if there is evidence of financial misconduct, such as concealing or dissipating assets. For example, the court may freeze a joint bank account – preventing either spouse from making withdrawals or transfers until the divorce becomes final.
Various other steps could help address past or future financial misconduct. If the family home contains valuable assets, a spouse may need to take an inventory of these items before filing for divorce. With this divorce planning strategy, the spouse can react effectively if any of these assets go missing during the next few months and years. Examples include jewelry, precious metals, collectibles, and fine art.
Learn More About Divorce Planning With Johnson O’Keefe
While online research may provide basic guidelines, divorce planning is most effective when tailored to meet the needs of each individual spouse. An online article cannot deliver customized information depending on who is reading it, but a Chicago divorce lawyer may be able to offer more targeted guidance based on varying circumstances. Regardless of specific challenges and priorities faced by each spouse, divorce planning should occur sooner rather than later. Illinois is home to numerous divorce lawyers who can discuss potential legal options and strategies with spouses. These discussions could prove productive even if spouses are not yet certain whether they want to move forward with divorce. To learn more, consider contacting Johnson O’Keefe at (312) 319-4444.