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Historically speaking, the decisions made in a divorce case largely favored the woman. When spousal maintenance, or alimony, was awarded, the woman was usually the recipient. Family courts were also more likely to award the woman in a divorce case child custody, believing it was in the best interests of the child to stay with their mother. These patterns in history have led many men to believe they are already at a disadvantage before their divorce case even starts, but that is not the case. Today in Illinois, family law judges only consider what is fair when making decisions on…
When a couple no longer wants to be married and live together, they may get a divorce or they may become legally separated. Unlike many states, Illinois does still recognize legal separations and there are many reasons a couple may decide to get one. However, when a couple does obtain a legal separation, it sometimes leads to many questions. One of these is whether they are still eligible to get a divorce once they have legally separated. In short, being legally separated does not prevent a couple from officially ending their marriage in divorce in the future. Reasons for Legal…
The divorce of Kim Kardashian and Kanye West made headlines around the world recently. There have been varying opinions about the divorce since it was announced, but one thing is certain. The divorce case is likely to be quite complex, even though the couple had a premarital agreement in place. Kim and Kanye, however, are not the first couple to go through a complex divorce, and they will not be the last, either. Below are some of the factors that can make a divorce case complex. Distinguishing Separate Property from Marital Property In a divorce, only marital property is divided.…
In 2019, Governor Pritzker signed the Illinois Cannabis Regulation and Tax Act, making Illinois the eleventh state in the country to legalize marijuana for adult use. The legislation includes many laws, and one of them is the fact that people that use marijuana cannot be discriminated against for their consumption in family court. Unfortunately, many courts have still not recognized this part of the law and continue to discriminate against parents that use marijuana during child custody hearings. If you use marijuana, it is important to know how it may affect your child custody case, and how to prevent…
After a divorce, entering into a romantic relationship with another partner is very exciting. Many times, people even want to get remarried, which is another exciting prospect. However, if you are considering remarriage after getting a divorce, there are some very important factors to consider first. Any new marriage you enter into will not only affect you and your new spouse, but also your former spouse and your children. Spousal Maintenance Considerations If you are receiving spousal maintenance, also known as alimony, a remarriage will have a great impact on it. In Illinois, recipients of spousal maintenance do not…
Frequently couples who are seeking a divorce try to make their own agreements. Sometimes it works and sometimes it degenerates into argument after argument. If you’ve practiced divorce long enough you know that people frequently come very close to making a final agreement and then everything blows up. Here’s some ideas about how to stop that from happening: 1. You and your spouse should sit down and try to see what you actually can agree to in writing, without making a final commitment to it. Sometimes trying to finalize with signatures puts too much pressure on the other spouse and…
Weeks after the sad death of Larry King, his widow is now challenging his will in court. Larry King’s widow, Shawn Southwick King is arguing that her husband did not have the mental capacity to draft a will, which he wrote two months after filing for divorce from Shawn. She is also stating that he was influenced by other people when creating his will. Although Larry King had already filed for divorce, the case was not yet finalized. While the case contesting the will is still ongoing, it does highlight the need for divorcing couples to revise their wills…
Post-divorce modifications are sometimes necessary when an inappropriate or unfair divorce ruling was entered into the official records. In other cases, a judge’s final ruling is fair and appropriate but at some point, it no longer fits the couple’s needs. In either of these cases, one or both parties can petition the court for a post-divorce modification that can change the ruling and alter the terms so it better suits either party. However, there are some things to know about these modifications before you seek one from the court. When Can a Person Seek a Post-Divorce Modification? Family judges take…
Mediation is an option for couples that are going through a divorce and want to avoid litigation. During mediation, the couple meets with a mediator who is a neutral third party. The mediator’s main job is to foster compromise between a couple so they can reach an agreement on all terms of the divorce and avoid a trial. For many couples, mediation has many benefits, but there are some drawbacks to the process, as well. The Pros of Entering Mediation Mediation during divorce holds many benefits for the couple going through it. Some of the biggest benefits include: Cost-effective: Mediation…
Timing is crucial with many things in life, and that includes when a person should consult with a divorce lawyer. Some people worry that contacting a lawyer too soon will further impact a marriage and contribute to its demise. On the other hand, many people understand that waiting too long to speak to a divorce lawyer can severely affect their rights moving forward. In most cases, it is always best to err on the side of caution and contact a divorce lawyer as soon as you think divorce is an option. Still, there are three times when it is absolutely…
Recently, there was a story about a woman that gave away her old wedding rings after her divorce. She decided to give them away, either to frontline workers or members of the LGBTQ community. The story is not only a heartwarming one, but also shines a light on a very interesting topic that comes up after a couple gets divorced. People often wonder what happens to the wedding and engagement rings after divorce, and whether or not they have to return them to the person that paid for them. As with most legal issues, the answer is that it…
Many people are familiar with the term ‘starter home’ and what it means. A starter home is usually a very affordable home a person or couples buys when they are just starting out in life. Typically used as an introduction to real estate ownership, people soon give up their starter home within five to ten years and move on to something bigger and better. Today, ‘starter marriages’ are also becoming more common and it has been found that these unions are at a much higher risk for divorce. However, while the chances of a starter marriage dissolving are much…
Divorcing couples have many questions when their marriage ends. One of the saddest is, “Who gets to keep the pet?” The question is an interesting one, and in recent years, Illinois has changed the law on how pets are viewed during divorce proceedings. While pets were once considered property, today some family courts, including those in Illinois, make decisions regarding pets based on child custody guidelines more than they do on property division laws. Treating Pets Like Property During Divorce Prior to 2018, Illinois treated pets as property during divorce. When a spouse brought a pet into the marriage, the…
Even the simplest divorce cases have the potential to become stressful and drawn out. Certain factors though, can exacerbate this process and complicate a divorce case. When these factors are involved, the divorce process not only becomes more costly, but also more stressful and will take more time. People going through the process cannot always control these factors and that can make a divorce even more stressful. An experienced divorce lawyer can advise on these factors, and take some of the complications out of the process. When Your Spouse Does Not Want a Divorce Illinois is a no-fault divorce state,…
Many people think that alimony is a thing of the past and something that was awarded in divorce cases when one spouse, typically the wife, stayed home to take care of the kids. Alimony is not mentioned in Illinois law, but that does not mean that spousal payments are a thing of the past. Illinois law refers to alimony as ‘spousal maintenance’ and it is still very much a prevalent part of divorce in the state today. Generally speaking, judges will award spousal maintenance for no longer than three years. If you are about to get a divorce, it is…
is never easy and it brings many consequences for the people going through it. One of these consequences people do not consider is their credit score, and how it will be impacted during divorce. While sometimes, a divorce will hurt a credit score, there are ways to protect it so it is easier to move forward in your new life. How Does Divorce Hurt Your Credit? A divorce can hurt your credit in a number of ways. Many people feel the financial strain after a divorce because they are accustomed to living in a two-income household. When one of those…