One thing that can unite all people is the fact that every one of us is different. No one is exactly alike, which is why every marriage has a unique dynamic and every divorce can be distinctive. Luckily, Illinois law recognizes that one type of arrangement would not suit every couple looking to end their marriage. This article will examine different divorce options available in Illinois. If you and your spouse are considering divorce, speak with an experienced DuPage County, IL divorce lawyer to review your options and discuss which one best suits your particular needs.
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Why Would Someone Opt for Legal Separation Over Divorce in Illinois?
While most people dream of finding someone they can have their “happily ever after” with, not all marriages last forever. Since all people are different and unique, it makes sense that divorce might not always be the best option for every couple that wants to end their marriage. Depending on various factors and circumstances, legal separation might be a much more fitting option. If you and your spouse are considering ending your marriage but are not sure about divorce, speak with an experienced Wheaton, IL family law attorney to see whether legal separation could suit you better.
Why Not Divorce?
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If I Was Pressured Into Signing a Prenup, Are My Hands Tied? | IL
There is a lot of confusion about what a prenuptial agreement does. This legal document is intended to help spouses protect their assets and have open and honest communication about their finances and expectations. If a couple with a valid prenup later gets a divorce, it can help make the process go much smoother and faster, because a lot of the issues that need to be decided in divorce proceedings have already been agreed upon and finalized.
Some people mistakenly think that signing one spells doom for a couple before they are even married. People generally prefer not to…
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Liability for a Spouse’s Credit Card Debt After Divorce
When you realize you are headed toward divorce, your mind can be flooded by endless thoughts and concerns about what will happen to you financially. There are child support and alimony payments to think about. You and your spouse will have to figure out how you will be dividing your marital assets. On top of it all, couples getting divorced in Illinois also need to settle how they will divide their marital debt. If your spouse has amassed significant credit card debt, you are probably wondering whether you will be stuck paying for it all. A seasoned…
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Property Valuation in an Illinois Divorce
Divorce is one little word that contains so many aspects. When a couple is going through a divorce they need to understand what will happen with their children, their home, and their assets after the marriage is legally over. In Illinois, which follows an equitable distribution model, it is important to understand the value of everything included in the marital estate to ensure a fair division. This article will explore the topic of property valuation in Illinois divorce. To learn more, speak with a knowledgeable Wheaton, IL divorce lawyer.
Equitable Distribution in Illinois Divorce
When it comes to property…
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Overcoming Parental Alienation in Illinois
Parental alienation is a painful issue that can affect families during or after divorce. When one parent turns their child against the other parent, it can have a profound impact for years and require resources like time and therapy to overcome. Illinois law recognizes parental alienation as a form of child abuse and seeks to help families address it. If suspicions are proven, it can lead to changes in the custody arrangement. If you are concerned that your child’s other parent is manipulating them to ruin your relationship, speak with a skilled DuPage County, IL family law attorney about your…
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How Can Divorce Affect My Illinois Taxes?
Even people who have not been through a divorce before are aware of many of the ways it can impact your life: whether you are splitting custody of your children, dividing your marital assets, or figuring out who will end up keeping your family home, divorce marks a significant transition. One area of life that is also impacted by divorce is taxes. This article will explain how, but if you have any further questions, feel free to contact a knowledgeable DuPage County, IL, divorce lawyer.
Divorce and Tax Filing
Something important for you to consider is your filing…
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Important Information for Parents of Child Influencers in Illinois
With the number of child influencers constantly increasing, it is time for the law to begin addressing issues that have risen as a result. With children appearing in videos, live streams, blogs, and websites and monetizing their content, there is now a generation of children earning significant money in a way kids never did before. There is a whole set of laws regulating matters like working hours, privacy, and income for these young quasi-celebrities. If you are the parent of a child influencer, speak with a knowledgeable DuPage County, IL family law attorney to avoid accidentally violating the law.
What…
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Can I Stop My Ex From Homeschooling My Children in Illinois?
When parents go through a divorce in Illinois, they generally have some type of shared custody arrangement. Even if one parent has the majority of parenting time and parental responsibilities, the other parent is typically entitled to some time with the children and some ability to make decisions for them. A major area that can have a big impact on the child’s life is their education. Deciding how your kids will be educated is important, and both parents usually want what is best for them. What happens if the parent with a greater share of custody wants to homeschool the…
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How Does a Prenuptial Agreement Affect Debt Division?
Spouses who get divorced are entitled to marital property, which are assets that were acquired by either party during the marriage (with some exceptions). It is common for a spouse to experience a financial boost after being awarded his or her share of the marital property. Marital debt, however, which is also divided between both parties, can counteract that financial benefit.
In the debt division process, a judge often saddles both spouses with financial obligations. This can significantly affect the economic future of both parties, in ways that one or both spouses may feel is unfair. Some couples therefore hire…
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Can You Modify Your Illinois Child Custody Agreement?
When parents divorce or separate, they must establish a parenting plan. This plan includes parental responsibilities (formerly known as custody) and parenting time (visitation) agreements. Your plan will also assign decision-making rights to each parent for major decisions involving healthcare, education, religion, and extracurricular activities. In many cases, these decision-making rights are shared equally between parents; however, sometimes, only one parent has these rights.
Illinois courts must approve proposed parenting plans, transforming them into binding legal documents. Although these plans are permanent, circumstances that affect the best interests of the child can change. You may need to request a modification…
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Pros and Cons of Sole Legal Custody
There are two types of child custody: one is physical custody, which is when a child is physically under a parent’s care. Illinois law refers to this as “parenting time.”
The other type of custody is called legal custody. This refers to making major decisions about the child, such as:
- Medical decisions, like whether to follow natural medicine or conventional medicine
- Educational decisions, like where the child will go to school
- Religious upbringing, like which faith the child will practice and to what degree
When it comes to parenting time, state law and many child development experts…
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What Happens to a Family Business in an Illinois Divorce?
When two people get divorced in Illinois, they are both entitled to marital property. Marital property is what Illinois law calls possessions or assets that either spouse acquired during the marriage. With some exceptions, these assets belong to both parties and are divided in a divorce. The couple can divide the property between themselves or a court can do it for them.
When an Illinois court divides marital property between two spouses, it does so fairly, not equally. This can make the process somewhat complex because instead of just dividing everything in half, it is up to the judge to…
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3 Ways to Financially Prepare for an Illinois Divorce
Much of the divorce process focuses on finances. Spouses who dissolve their marriages are sometimes required to pay child support and spousal support (alimony). They may also be required to divide their marital property, which refers to money and possessions belonging to both parties. These obligations can take a heavy financial toll.
However, spouses can protect themselves and limit financial hardship by preparing for divorce. This article will discuss three ways to prepare financially, but it is always best to consult an Illinois divorce attorney about what steps you can take.
Collect Financial Documents
A crucial way to prepare for…
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Can I Change the County for My Illinois Divorce?
Illinois is made up of 102 counties. Each county follows state and federal laws, but they also have some of their own rules that differ from each other. Every county has courts that have jurisdiction over the area, which means the courts enforce their county’s laws.
When you file for divorce in a county court, that court is called your “venue.” Usually, your venue is in the county you live in because that is where people often file for divorce. However, there are certain reasons why a spouse may wish to change the venue after the divorce has been filed.
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5 Ways to Avoid Conflict in an Illinois Divorce
It is normal for there to be conflicts in divorce. When two people who share a life together decide to separate and divide that life, disagreements are bound to come up. However, divorce is also known to breed hostility and other negative feelings. These can lead to unnecessary conflicts that are not only unhelpful but can derail the divorce negotiations.
When you go through a divorce, consulting with an Illinois high-conflict divorce attorney is a great way to avoid unnecessary conflict. An experienced lawyer knows where in the process most couples run into friction and will help you avoid…
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