DuPage County Divorce Blog

Latest from DuPage County Divorce Blog

If someone were to ask you right now how much money you would need each month to live comfortably, do you think you could give them an accurate number? Most people have no idea how much money they actually need to survive each month or how much they actually spend, even if they do have a budget. However, when you go to get a divorce, it is important to have an idea of your spending habits and financial needs, as it will be one of the questions that your attorney will bring up when discussing issues including spousal support
In most situations in which a child’s parents are not married or in a relationship, there will be some type of formal custody agreement detailing the rights and responsibilities of each parent, including the allocation of parenting time between them. Both parents have a legal obligation to financially provide for their child, whether or not they are the parent who is required to pay child support to the other parent. Most often, the parent with less parenting time is the one who pays support, the amount of which is determined by a formula that considers income and other factors. There…
Even in today’s world where a two-income household is becoming more of the norm, it is not uncommon to come across a family in which one parent works while the other stays at home to take care of the children. This may work during the marriage, but if the couple were to ever get a divorce, the stay-at-home parent could be at a significant financial disadvantage. In these types of situations, spousal support, also known as spousal maintenance or alimony, is sometimes awarded to a lesser-earning spouse to help them become self-sufficient and to ensure they are able to…
Getting a divorce often makes people feel like they are diving into the great unknown. From the moment you and your spouse make the decision to split up, there are many changes that should be anticipated. Some of the biggest changes that take place during a divorce have to do with your finances and how your assets are distributed. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) states that each spouse is supposed to get an equitable share of the marital estate, which may not always work out to be an equal share. However, when it comes to…
For many families, the winter months are filled with weeks of celebrations, time spent with loved ones, and meals gathered around the family table. At the same time, the holiday season can be abundantly stressful, especially for children whose parents are going through or who have already gone through a divorce or a separation. During the first holiday season after the separation, parents often face difficulty when it comes to bringing the magic of the season alive in their homes, but there are some things you can do to help.  Managing the Holidays After Divorce Here are a few things…
Some of the most contentious issues in a divorce are often the issues that revolve around the children, such as parenting time and decision-making responsibilities. Before a couple with children can divorce, they must come to a consensus on all of these issues and put their agreement in writing into what is called a parenting plan. If you and your spouse are able to come up with the agreement on your own, this can be extremely helpful in the long run. Keeping the negotiations between you and your spouse, rather than taking the issue to court, also allows…
Divorce is no doubt one of the most stressful things a person can experience in their lifetime. Even for adults, coping with the stress of a divorce can be difficult, but for a child, it can be nightmarish. Children are not nearly as developed as adults are in any sense, whether that be emotionally, physically, or mentally. As such, children tend to have a much more difficult time coping and dealing with the impact of the divorce than their parents, especially if the divorce is particularly contentious. For many parents, the well-being of their children is the most important thing…
Getting a divorce is rarely easy, but for some couples, the divorce process can be especially troublesome. It is normal for a divorcing couple to have disagreements, but when it seems as if the conflict will never cease, you can begin to feel worn down and burnt out. This can end up affecting not only your divorce case, but your physical and mental health, too. In many cases, a high-conflict divorce is the product of a high-conflict spouse. Often, it is possible to predict whether or not your spouse is likely to be combative or difficult to work with during…
Over the years, there have been many significant advancements in law and society when it comes to recognizing different family situations. For example, same-sex marriage was not only frowned upon but was illegal in many parts of the country for hundreds of years until a 2015 Supreme Court ruling. Unfortunately, there are also many ways that the laws still reflect traditional family structures. For example, Illinois generally presumes the father of any child born to a married mother to be the mother’s husband, though there are many situations in which this may not actually be the case. If a person…
Getting a divorce brings about many changes to your everyday life, which can be especially true if you are a parent. One of the biggest and most difficult changes to cope with for many Illinois divorcees is how much less time they get to spend with their children. In Illinois, the default is to allow both parents to have unrestricted parenting time with the child, unless there is strong evidence that unrestricted parenting time would be harmful to the child’s physical or emotional and mental well-being. If restrictions are required, a common example is requiring the parenting time to be
Divorcing with children means you must pay attention to and come to an agreement on a slew of additional issues other than your usual divorce topics. Making decisions and coming to a consensus on things such as parenting time agreements and child support payments with your spouse can seem like you are running a marathon, especially if you and your spouse are not on the friendliest of terms. In some cases, the child can even become stuck in the middle of the parental conflict and become a victim of parental alienation. This type of parenting behavior can be harmful to…
At any given time, there are more than 437,000 U.S. children living in the foster care system, with 125,000 of those children eligible for adoption. Adopting a child is a happy and joyous time for everyone in the family, but it can also be a long and complicated process. This is why children in the foster care system wait on average, four years to be adopted. If you are thinking of adopting a child in Illinois, you should be aware of the steps in the adoption process and what exactly adopting a child entails. There are many potential legal complications…
Even if you have the best of intentions going into your divorce, you can still end up going through a contested divorce if your spouse decides he or she will be combative. Many times, you will know when your spouse is going to be difficult about certain issues in a divorce. In some cases, your finances can be the point of contention in your divorce and the source of much of the tension and disagreement. Some people end up needing to use subpoenas during their divorce cases and some do not; the majority of that depends on how cooperative your…
There are many issues that a couple is bound to disagree on during a divorce. Some of the most common conflict-causing issues include child-related concerns such as allocating parenting time and decision-making responsibilities, whether or not you receive spousal maintenance, and what to do with the family home, among others. The most notorious issue that may cause conflict, however, is your finances. Just as finances tend to be a common cause of arguments and conflict in marriage, your finances can also be an area of concern in your divorce. A temporary financial restraining order can be a useful tool…
When you have come to the decision that you and your spouse are going to get a divorce, you will likely experience a flood of different emotions, ranging from relief, sadness, depression, anger, and rage. While it may seem strange to experience such complex emotions, divorce is a complicated event that encompasses every area of your life. Once you reach the property division stage of your divorce, you and your spouse will be required to divide your marital property in an equitable manner, according to Illinois law. Your marital property includes anything that either you or your spouse took…
For many people, going to college to get an education is an important step that they must take to advance themselves in their careers. However, college education does not come with small price tags. According to Forbes, there are approximately 45 million people in the United States with student loan debt, the majority of which owe between $20,000 and $40,000. Student loan debt may be one of the largest debts that either you or your spouse have. If you decide to get a divorce in Illinois, debt can be an important factor when it comes to asset and debt division…