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Filing for divorce can be a scary process. Most people have no experience with the legal system, so going through a divorce on their own can bring added anxiety. This is one reason why retaining an Illinois divorce attorney is highly recommended. Even if you are filing for an uncontested divorce, it is best to … Continue reading “Frequently Asked Questions About Filing for Divorce in Illinois”
Dividing marital assets and debts is one of the more challenging aspects of your Illinois divorce. Even in seemingly amicable divorces, things can quickly take a turn. Those couples who have been married for a long time or have a complex asset portfolio may find the process of property division to be even more challenging. … Continue reading “Understanding Property Division in Your Illinois Divorce”
If you have decided that your marriage is over and you are considering filing for divorce in Illinois, you might be researching divorce attorneys. To make the most out of your initial meeting, it is imperative that you come prepared. This includes bringing any relevant documents, if possible, and to have a list of essential … Continue reading “Important Questions to Ask an Illinois Divorce Attorney”
No matter whether you have already started the divorce process or are considering filing for divorce at some point this year, there is little doubt that the current COVID-19 pandemic will impact how legal matters are handled. Aside from obvious closures now and in the future, it is important to understand how the coronavirus may … Continue reading “How Coronavirus can Impact Your Illinois Divorce”
If you are preparing for a divorce and you signed a prenuptial agreement before your marriage, you may be concerned about how this will affect you in the process. Every divorce is different, as is every prenuptial agreement. Having a valid prenup can alter the course of your divorce, which is why it is important … Continue reading “How a Prenuptial Agreement Can Affect Your Illinois Divorce”
When we talk about alimony in a divorce, it is not necessarily a set monthly payment you will receive until you die. In fact, some people do not receive alimony in their divorce at all. However, under certain circumstances, an alimony award may be warranted. To understand the types of alimony and whether or not you could be entitled to an award, it is important to speak with an experienced Rolling Meadows family law attorney. Permanent Maintenance Alimony Permanent maintenance alimony is what most people think about when discussing alimony. However, this type of support is usually reserved for…
When a couple has children together and decides to divorce or to separate, one of the parties may be required to pay child support to the other. The amount of these payments will depend on a few different factors, including the number of children that must be supported, the parties’ incomes, and how parenting time is shared between the parties. In most cases, child support payments cover the necessary costs of living, such as shelter, food, and clothing. It is also possible, however, for child support payments to be used to pay for a child’s college expenses. For help determining…
When a marriage breaks down, one spouse may decide it is better to hide or spend–or even destroy–certain assets rather than risk the other spouse gaining control of the property in a divorce. Such thinking is not only short-sighted and foolish. It can also place the spouse who misused the asset in a weaker legal position before the divorce court. What we are really talking about here is a legal concept known as “dissipation of marital assets.” The Illinois Supreme Court has defined dissipation as the use of marital property or assets for purposes outside of the marriage when…
When a marriage breaks down, one spouse may decide it is better to hide or spend–or even destroy–certain assets rather than risk the other spouse gaining control of the property in a divorce. Such thinking is not only short-sighted and foolish. It can also place the spouse who misused the asset in a weaker legal position before the divorce court. What we are really talking about here is a legal concept known as “dissipation of marital assets.” The Illinois Supreme Court has defined dissipation as the use of marital property or assets for purposes outside of the marriage when…
An often-overlooked issue in Illinois divorce cases is whether or not a spouse–usually a woman–wants to revert to the use of her maiden or former last name. Many people simply do not think about this until after the divorce is final. Some of you might just assume you can just start using your maiden name … Continue reading “New Illinois Law Simplifies Process for Restoring Maiden Names After Divorce”
An often-overlooked issue in Illinois divorce cases is whether or not a spouse–usually a woman–wants to revert to the use of her maiden or former last name. Many people simply do not think about this until after the divorce is final. Some of you might just assume you can just start using your maiden name after a divorce without any following any formal legal process. The reality is not quite so simple. Historically, if a divorcing spouse wants to change back to a maiden name, she must request a court order as part of the divorce proceedings. The judge…
When it comes to divorce, Illinois courts will generally accept decrees issued by other states or foreign countries under a legal principle known as “comity.” But there are limits to comity. An Illinois court may withhold comity if it believes the foreign state or country’s court deprived the parties of basic due process or otherwise … Continue reading “Is a Divorce Obtained in a Foreign Court Valid in Illinois?”
When it comes to divorce, Illinois courts will generally accept decrees issued by other states or foreign countries under a legal principle known as “comity.” But there are limits to comity. An Illinois court may withhold comity if it believes the foreign state or country’s court deprived the parties of basic due process or otherwise acted in a fundamentally unfair manner. IL Court Refuses to Extend Comity to Indian Divorce, Citing Lack of Due Process and Fundamental Fairness This issue came up in an April 2019 decision from the Illinois Second District Appellate Court. The case involved a…
One of the most sensitive issues in any Illinois divorce is deciding how to best share child custody–or as current state law refers to it, the “allocation of parenting time and responsibility.” In the best-case scenario, the divorcing parents will reach a voluntary, good faith agreement on how to best allocate time and responsibility. The parents can then submit a parenting plan to the court, which upon the court’s approval becomes a legally binding joint parenting order. Federal Court Refuses to Intervene in Illinois State Court Decision As with any legal agreement, it is critical for both parents to obtain…
Like most other states, Illinois follows the theory of equitable distribution when it comes to dividing marital assets in a divorce. This means the property and any marital debts will be divided in a fair and equitable manner. With a community property state, assets are essentially split 50/50 during a divorce. With equitable distribution, it means that the end result should be fair and equitable for both parties, but it does not mean that each spouse will walk away with 50% of each asset. Perhaps you will get one piece of property while your ex gets the yacht, etc. Determining…