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Is It Too Soon to Call a Chicago Divorce Lawyer?

Nobody wants to think that their marriage is headed toward divorce.  When there are problems in the marriage, people rarely call a Chicago divorce lawyer.  People seem to think that the act of calling a divorce attorney means you are committed to a divorce, when really what a person needs is some trusted legal advice.  Every marriage has to weather differences, and the key to knowing when to call an attorney is knowing which of the differences is minor, and which are substantial.  

7 Signs It’s Time to Call a Chicago Divorce Lawyer

1 – Large Sums of Money Are Being Moved From Your Account

When the differences arising are substantial, typically there is a lot of money at stake. When your spouse is giving away large sums of money or property, and you are not comfortable with that, then it is not a petty difference.  You need legal counsel.  What you choose to do after getting advice from a divorce attorney is up to you. 

Under the law, everyone is entitled to freely purchase property and dispose of it how they choose.  But if your spouse is moving large sums of money to foreign relatives or buying property abroad without your consent or knowledge, you should know your rights.  Once your marriage “breaks down irretrievably” and large sums of money start leaving your household, you could have a dissipation claim in divorce court.  We deal with numerous cases each day where our client complains of wasted money throughout the marriage.  If you continue to stay together and do nothing about it, and later you divorce, you will not have a claim for that money. It will be important for you to understand how to handle that problem before too much time lapses.

2 – Large Sums of Money Received

When you or your spouse receive a large sum of money, like the receipt of an inheritance, this is another time you should seek legal counsel.  If you take that money and deposit it into your joint account with the other person, you could lose that money in a divorce.  You will want to know just how to protect that asset just in case divorce is in your future.

3 – I Work A Lot, and I Do Not Want to Lose My Children

More and more, I am seeing divorce clients with this problem.  If you work 60 or 70 hours a week and your children are asleep by the time you get home, it is not going to be any different when you divorce.  You will have limited time with your children because you do not have time for them.  Every person’s case is different, so it is hard to strategize what you need to do in this article.  But you should be contacting a divorce attorney to work through a plan so that in the event of a divorce, you will be able to have adequate time with your children.

 4 – Will I Be Charged With Abandonment if I Leave the House?

I am not sure where people are reading things about abandonment since Illinois is a no-fault state.  As a Chicago divorce attorney, I receive this question over and over, however, so someone must have stated this somewhere.  In Illinois, there used to be legal grounds for divorce, and abandonment was one of the grounds, but you had to be gone for a year, not a week or two.

Today, there is nothing in the Illinois law that would prohibit you from moving from your marital home.  No piece of paper is necessary and nothing can make you stay there.  You will not lose your rights to the home if you move.

5 – Is There Ever a Time That I Should Stay In The Home Though?

Typically, if you have children, and there is no domestic violence involved, you should try to stay in the home.  There is a lot of gamesmanship in family court when it comes to the children.  The person at home with the children gets angry and the easiest way to lash out at the other parent is to keep the children away from them.  It is not fair, but it is done and it can take a long time working through the courts to get parental time in a court order.  Unless there is a dire need to leave the marital home, you should stay until a parenting order is worked out.  By staying in the home, you will at least be seeing your children until there is a parenting order in place.

6 – Can I Afford to Get a Divorce?

People seem to think that every divorce has to be contested.  Many are surprised to learn that only a small percentage of cases ever go to trial.  In the end, you will have compromised and given up some things that you wanted.  So why not do that in the beginning?  Why go through years of litigation and spend everything you have, only to compromise at the end?  People give in eventually because they are broke or are exhausted from the fight.  Divorce does not have to be that way.  Be reasonable and try and put your emotions aside.  Really, you do not need to fight about the George Forman Grill!

7 – I Am Afraid I Won’t Have Enough Money to Live on if I Divorce

When it comes to divorce, everyone is worried about the money.  The person who pays support or maintenance worries about it and the person who receives it feels like the amount is not enough.  Contacting a divorce attorney before you decide to divorce can be beneficial in this planning stage.  We are experienced in helping you develop a plan that will keep you financially afloat.  There is no reason to stay in a marriage that is not good for you and you certainly do not want to stay because you are worried you cannot support yourself.  We will work with you to secure maintenance and to develop other ideas for you to make sure that you are financially stable.

Call a Chicago Divorce Attorney for Peace of Mind

Do not put off consulting with a divorce attorney when there are problems in your marriage. Once you know what you can or cannot do, you will feel better.  The anxiety you feel now is largely due to the unknown, and we will be able to give you the advice you need.  What you do next will be up to you, but at least you’ll know your legal rights to make wise decisions. 

If you are ready to call a Chicago divorce lawyer, Anderson and Boback is ready to help. For more than 20 years, our experienced divorce attorneys have been representing Chicago clients with a wide range of family law and divorce issues, including providing guidance to those only thinking about divorce.  Contact us today for a confidential consultation and learn more about protecting yourself and your future.

 

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