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For your purposes, the first step in the divorce process should be finding a well-qualified attorney to represent you. The formal legal process of divorce begins when one spouse files a petition for divorce with the court. This petition sets out some basic information, like how long you have been married and where you reside. It also, importantly, must allege that you and your spouse have irreconcilable differences. Having irreconcilable differences is the only ground for divorce still recognized in Illinois. After that petition is filed, your divorce is officially in process. The next steps include serving your spouse
Continue Reading What Is the First Step to Getting Divorced?

Being involved in a high-conflict child custody case is almost always very stressful for everyone involved. It can go from stressful to downright terrifying if your child’s other parent poses a threat to you or your children. Your primary concern is likely keeping your child safe. There are a number of reasons a parent might not be safe for a child to visit unsupervised. A parent who has an active substance abuse disorder or serious mental illness may not be able to provide adequate supervision or may behave unpredictably. A parent who has a history of violence towards you or
Continue Reading Child Custody When the Other Parent is Dangerous

If you and your spouse achieved your goal of becoming homeowners during your marriage, either you or the court will need to determine what to do with the home during your divorce. A house is often a married couple’s most valuable asset. It is also – plainly – not possible to cut a house in half so you can each keep your share. While using tape to divide living space might work briefly in comedies, it is almost certainly not a practical solution in real life. Under Illinois law, all marital property is to be divided equitably. “Equitably” means
Continue Reading Who Keeps the House in an Illinois Divorce?

Getting married young is not always a great thing. People in their late teens or early twenties may not have fully grown into their adult personalities or truly realized their identity yet. It is common for those who marry young also to divorce young. In fact, young divorce should likely be more common than it is. Many individuals who are getting divorced in middle age or later adulthood have been unhappy in their marriages for a very long time – often since they were roughly your age. In many ways, ending an unhappy marriage while you are still in
Continue Reading What Young Adults Should Know About Divorce

Although a divorce decree is considered “final,” it can sometimes be modified under the right circumstances. When a divorced person experiences a substantial change in circumstances, they might be able to have their divorce decree modified to reflect those changes. Illinois law recognizes that a divorce decree might have made sense at the time it was made, but can become impractical when circumstances change. If you have had a significant life change that makes following your divorce decree as it is currently written impossible or very difficult, you should speak with a Will County divorce lawyer about petitioning the
Continue Reading How to Modify a Divorce Decree

The first step toward getting divorced in Illinois is submitting a petition to the court in the county you live in. Filing this petition starts the divorce process. A petition for divorce is a document that tells the court you intend to legally divorce your spouse. Certain information must be included in this document, including both of your contact information. Your petition for divorce must also claim a legal ground for divorce. Grounds for divorce used to be things like infidelity, habitual intoxication, and extreme cruelty. Now, there is only one recognized ground for divorce – irreconcilable differences. After
Continue Reading How do I File for Divorce in Illinois?

It is fairly normal for one parent to want to move away after getting divorced. However, when making child custody decisions, a court can consider how difficult moving the child back and forth between their parents’ residences is. It is one of the factors Illinois child custody law requires judges to consider when making parenting time arrangements. When divorced parents live close to each other, it is usually very easy for them to coordinate frequent custody exchanges. When they live far apart, custody exchanges may not be possible nearly as often. This could result in an arrangement where the children
Continue Reading How Could Moving Affect My Child Custody Case?

Most divorces are not easy. In fact. Getting divorced is considered one of the most stressful life events people can go through. Even when the spouses are amicable and can work together fairly easily, the divorce process can be emotionally taxing. If your divorce is more contentious, you may have an even more difficult road ahead. It is important to take some steps to protect your mental and physical health during this stressful time. Although it may feel like your Illinois divorce is going to go on forever, it will come to an end. It is important to be represented
Continue Reading Tips for Surviving a Difficult Divorce

If you have started reading up on divorce in Illinois, you might have heard the term “complex divorce.” This term is fairly self-explanatory. A complex divorce is a divorce that will be more complicated than most, usually because the spouses have a lot of assets that are difficult to divide up. Your divorce might also be considered complex if you will need to contest it in court rather than trying to settle it by agreement, or if you have a complicated child custody situation. Having even one or two unique or challenging issues might mean that your divorce
Continue Reading What is a Complex Divorce in Illinois?

Legal separation and divorce are both methods of separating from your spouse. Both legal processes can help you and your spouse decide who will keep control of certain assets and how you will share parenting rights and duties once you are apart. However, this is roughly where the similarities end. Divorce is a far more permanent step than legal separation
Additionally, while divorce terminates the marriage, legal separation does not. Spouses who legally separate are still married in the eyes of the law, even though they no longer live together in a marital relationship. This can offer some benefits,
Continue Reading Is Legal Separation or Divorce Right for Us?

One common cause of stress and tension that can continue even after a divorce is finalized is spousal support (previously known as alimony). In many marriages, the earning power between spouses is uneven and results in a lopsided financial arrangement that can hurt a lower-earning spouse after divorce. This is especially true if one spouse gave up career ambitions to care for a couple’s young children.
Nevertheless, it is common for the paying spouse to disagree with the necessity or fairness of spousal support and to not make these payments. If this sounds familiar, you do not have to solve
Continue Reading What Should I Do if My Spouse Is Not Paying Spousal Support?

Infidelity is one of the leading causes of divorce. This kind of betrayal can sever the bond between a married couple. Although it is a common cause of divorce, many people are still confused about whether it can affect spousal support and parental responsibilities in Illinois. You can consult an experienced attorney to help you navigate this complicated divorce process. 
Can Your Ex-spouse Still Get Spousal Support if They Cheated?
Illinois is a state that mandates no-fault divorce, so there is no requirement to establish grounds for divorce, such as adultery. As a result, infidelity itself usually does not
Continue Reading Does an Affair Have a Major Effect on a Divorce in Illinois?

Handling issues of child custody is tricky under the best of circumstances, but unmarried parents can present additional challenges. In the state of Illinois, if you are not married to the other parent of your child, then you must establish paternity if you are a father hoping to get parental rights for a child. A knowledgeable attorney can help you navigate this difficult process. 
Does Signing the Birth Certificate of Your Child Establish Paternity?
If a couple is married and has a baby, the man is assumed to be the child’s legal father. If a couple is unmarried, however, both
Continue Reading How Is Child Custody Handled if You Are Not Married?

Divorce cases involving disputes over substantial assets, intricate property division, or child custody conflicts require thorough advanced preparation in Illinois. Understanding key steps is crucial when navigating high-stakes divorce complexities.
Compile Comprehensive Financial Documentation
Gather an exhaustive inventory of all financial assets and debts, including recent tax returns, pay stubs, property deeds, mortgage statements, retirement and investment accounts, stock options, company equities, and valuations of collectibles. Detail which assets were acquired before versus during the marriage. Organize records systematically.
Document Your Parenting and Child Care
To strengthen your custody argument, gather compelling evidence showcasing your dedication as a parent.
Continue Reading How to Prepare for a Complex Divorce Case in Illinois

Hiding assets from your spouse during a divorce may seem strategic initially, but it carries significant legal and financial risks that can end up harming you in the long run. 
Illinois Law Mandates Complete Financial Disclosure
Illinois divorce law requires full disclosure of all assets, debts, income, expenses, and any financial information acquired during the marriage. Many spouses think they can get away with hiding money in undisclosed accounts, underreporting income, or not mentioning certain properties. This is a dangerous legal strategy.
Intentionally concealing assets or lying during sworn testimony constitutes perjury. It also violates statutes requiring truthful financial affidavits
Continue Reading How Concealing Assets During an Illinois Divorce Can Backfire

If you are planning to get divorced, you are likely hoping that the process will be relatively easy. A more financially complex divorce that needs to be contested can take several years to finalize. However, if you and your spouse have a complicated financial situation, it is likely worth it to take the extra time needed to sort through these matters. A variety of financial factors can lead to a more complex divorce. Depending on the nature and extent of property each of you owns separately as well as that of your marital property, your divorce may be somewhat challenging.
Continue Reading 3 Financial Issues That Can Complicate Divorce