DuPage County Divorce Blog

Latest from DuPage County Divorce Blog

One of the painful realities of the divorce process is that you lose not just a spouse but can also lose financial assets. Asset division, which is the area of divorce law that deals with dividing a couple’s assets, is very complex and should be handled by a skilled divorce attorney.
The general rule under Illinois law is that any property or asset that was acquired by either spouse during the marriage should be equitably split with the other spouse upon divorce. There are exceptions to this, such as:

  • Inheritance
  • Gifts
  • Property acquired by using pre-marital assets as collateral

Continue Reading Will I Lose My Business in an Illinois Divorce?

If you are an unmarried father in Illinois, you likely have questions and concerns about your legal rights and those of your child. Understanding your rights as a father, or your paternity rights, can be especially important if the parents’ relationship is strained and the mother is reluctant to involve the father in the child’s life.
Contacting an experienced family lawyer in Illinois who can help you understand paternity laws is the best first step to take. The attorney will discuss your legal options with you, such as making sure your relationship with your child is recognized in the eyes
Continue Reading Should I Establish Paternity in Illinois?

When thinking about domestic abuse, physical violence often comes to mind. Of course, being physically harmed within your family is a horrible thing to experience. But something people discuss less often and can still be detrimental is emotional abuse. When one parent pits their child against the other parent, manipulating the child into having less of a relationship with them, this is a form of emotional abuse otherwise known as parental alienation, and it is a big problem for parents going through a divorce. If you believe your spouse is doing this to your children as an attempt to
Continue Reading What Can I Do if My Spouse Has Pitted My Child Against Me in Illinois?

Living in the United States affords you a great deal of freedom and civil liberties. People are largely free to make decisions for themselves and eat, wear, think, and do whatever they want unless what they want could pose a threat to them or others. That is why there are speed limits, food and drug regulations, rules about how a business needs to treat its customers, and countless other ways the law restricts us to protect the greater good.
One area you may not expect there to be regulations involves who you can marry. In the state of Illinois, certain
Continue Reading What Marriages Are Prohibited in Illinois?

A common divorce topic is the division of assets and property. Typical assets that a couple needs to divide in divorce include bank accounts, savings accounts, apartments, and cars. People with significant wealth sometimes have local bank accounts as well as offshore accounts abroad, which is perfectly legal. However, offshore accounts are of particular interest in divorce because they are sometimes used by a spouse to try to hide assets and avoid dividing them, which is not legal. If you are preparing for a divorce and are concerned that your spouse is using offshore accounts to hide assets, a knowledgeable
Continue Reading How Are Offshore Accounts Handled in an Illinois Divorce?

When parents go through a divorce, it is often quite difficult for them to agree on how they should split their parenting time and parental responsibilities, otherwise known as child custody. Some couples manage to come to some sort of agreement if they believe it will be best for their children. Others find that their personal conflicts make it impossible for them to communicate productively and figuring out an arrangement seems too daunting a task. In cases where the parents cannot reach a mutually acceptable agreement on how they will continue to care for their children, it is
Continue Reading How Does an Illinois Judge Decide What Is in My Child’s Best Interest?

Any assets that either spouse brings into the marriage and had before the wedding are generally considered individual assets, and anything obtained during the marriage is generally considered marital assets. When a couple gets a divorce, marital asset division is an important part of the divorce settlement. Unfortunately, sometimes a spouse will purposely misuse, waste, or destroy marital assets just before or during divorce proceedings. This is called dissipation of assets, and if you suspect your spouse is doing this, a Wheaton, IL divorce lawyer can help you navigate the steps you can take to remedy the situation.
When Does
Continue Reading Understanding Dissipation of Assets in an Illinois Divorce

When a couple gets a divorce, they need to work out all the many ways that their separation will affect their lives. Typical married couples might have things like a shared bank account, home, car, retirement funds, and other assets that they will need to be divided among the spouses. If a couple has considerable wealth, theirs might be what is considered a high-asset divorce. The larger scope of assets being divided can make the entire process more complicated
While there is no clear definition for the term high-asset divorce, it is commonly agreed that a couple whose
Continue Reading 3 Tips for a High Asset Divorce in Illinois

For some people, going on a trip can be a stressful mix of unnecessary spending, logistics, sleep arrangements, and getting children settled in a new environment just when it is time to return home. For others, travel is an excellent way to unwind, experience new things, and come home rejuvenated. 
If the second category describes you, then a trip might be exactly what you want especially when you are in the midst of a nerve-wracking divorce process. You might want to go on a trip with your child to help you enjoy some quality time together away from the negativity
Continue Reading Can I Travel With My Child Out of State During Our Illinois Divorce?

A common question that people going through a divorce ask is what they should do with the home they share. Real estate is a significant asset generally worth a lot of money. In addition to financial value, some people put a lot of time and effort into a renovation that turns it into the home they always dreamed of. Other people have a strong emotional attachment to their home, as it is a part of their memories of important stages in their lives. It is easy to see why the question of what to do with a family home in
Continue Reading Should I Fight to Keep Our Home in My Illinois Divorce?

Fighting is a normal part of marriage. Generally, in a healthy marriage, the spouses can take some time to process their anger, and then figure out together how to move beyond the argument and forgive each other. For some couples, the fighting never ends. People who find themselves constantly fighting at home might want to stop it from happening, and one way to do that is to end the marriage. If you and your spouse are no longer happy in your marriage but you are not yet ready for divorce, a Wheaton, IL divorce lawyer can explain what happens
Continue Reading Is Legal Separation a Good Option in Illinois?

No two people are the same. We are all raised differently, come from different backgrounds, and have unique personalities. Similarly, no two marriages are the same. And that is why there is no one way to end a marriage that works for everyone. Some people find that they cannot communicate productively with their spouse and will need others to help them reach an agreement. Some people split with their spouse on good terms and can avoid fighting things out in court to reach a settlement. If you are considering divorce and are not sure which path is best for you,
Continue Reading Can I Settle My Divorce through Mediation?

Divorce can be one of the most difficult processes for people to go through. Like any breakup, you can feel heartbroken and sad, but on top of it, you need to go through legal proceedings to painstakingly divide all of the assets you amassed together. If you are parents, you need to draft a plan for how you will both continue raising your children, but separately. You might need to work out arrangements for retirement, health insurance, student loans, and other issues that you would have handled together had you remained married.
However, some divorcing couples are able to end
Continue Reading Can I Have an Uncontested Divorce in Illinois?

When any couple goes through a divorce, there are so many issues they need to figure out. When the couple also shares children, these issues are confounded. It is common to think about child-related issues in a divorce to revolve around matters like joint custody, where the child will sleep and when, who gets them for each holiday, who decides whether they can take karate, gymnastics or swimming, who they spend their summer vacation with, which parent gets to make medical-related decisions, and a ton of other questions that happen to be more relevant for discussions about young children.
Continue Reading How Can Divorce Affect My Child’s College Education?

The State of Illinois takes accusations of domestic violence very seriously. Anyone who issues a complaint can be granted an Order of Protection, or a restraining order, which will have legal authority to demand that the alleged abuser stays away from the alleged victim. If danger seems imminent, an almost automatic process can grant an Emergency Order of Protection.
While it is wonderful that these accusations are taken so seriously and can be dealt with so quickly, false accusations are sometimes made and the accused party can suffer unnecessarily. If you believe you have been wrongfully accused of domestic
Continue Reading What Do I Do if an Order of Protection Is Issued against Me?

Credit card debt is a widespread issue across America and poses a particular challenge during divorce. If either spouse has student loans, a mortgage, personal loans, or credit card debt, what happens to it will be decided as part of the debt division to be settled in divorce proceedings. If you are considering divorce and are concerned about your spouse’s credit card debt, a knowledgeable divorce lawyer can offer insight into the process and help you protect your rights.
How Is Debt Distributed in Illinois?
Illinois is considered an “equitable distribution state” for the division of both assets and
Continue Reading What Happens with Credit Card Debt in an Illinois Divorce?