The primary difference between a legal separation and a divorce is that a divorce will allow you to remarry should you choose to do so. Without a divorce to terminate the marriage, the ability to remarry is off the table for both parties. A legal separation also has no time limit, whereas once a divorce goes through, it is final. If you are facing the decision between a legal separation or divorce, an experienced Illinois attorney can help figure out your best option and represent you at trial if necessary.
Advantages of Legal Separation Over Divorce
A legal separation may
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Why is Gray Divorce So Common?
Even couples who have spent years locked in holy matrimony can one day have a change of heart. Gray divorce, which refers to divorce over the age of 50, has been on the rise since 1990 and looks to continue that trend well into 2030. This is in large part due to longer life expectancies. Couples of any age looking to divorce should speak with an experienced attorney.
What is Gray Divorce?
Gray divorce is the trend of older couples in long-term marriages who wish to divorce. The couples are usually in their 50s, 60s, or older,…
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Illinois Divorce Preparation Checklist
Divorce, whether contested or uncontested, can be overwhelming and complicated. The best thing you can do is prepare for it properly. Your attorney will require a few documents to represent you in the best way possible. Having everything readily available is a good idea to help move the process along faster. However, you may also want to consider a few things before you decide to file for divorce.
Before You File For Divorce
If reconciliation is possible, it may be in your best interest to first seek out a marriage counselor to see what can be salvaged. A…
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Understanding the Discovery Process in Child Custody and Divorce
In a nutshell, the discovery process is the investigation phase that follows the filing of divorce or allocation of parental responsibilities. It provides both parties with full transparency of information that neither side may be privy to. Both parties must exchange information about finances, asset values, debts, and other important aspects of the case. A battle-hardened attorney with experience in contested divorce cases is a strong weapon to wield in these situations.
5 Methods of Discovery
The discovery process uncovers evidence and proof for divorcing couples to use in contested issues. There are five methods that an attorney can…
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I Suspect My Spouse is Hiding Assets from Me. What Can I Do?
It is illegal to hide assets when initiating a marriage and during the divorce process. Thankfully, there are many things you can do to sniff out hidden assets and ensure that you receive a fair settlement. You should take quick action to protect your financial interests following a divorce. The best course of action is to talk to an experienced divorce attorney. One who can help you develop a plan to find potential hidden assets and provide evidence of your findings to the court.
What are Hidden Assets?
The simple answer would be that hidden assets are any possessions,…
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How Does Social Media Complicate Divorce?
Social media can be a great way to stay connected with friends and family, but it can also be a source of conflict during a divorce. For example, if you and your spouse are still friends on social media, you may see posts that make you feel jealous, angry, or hurt. This can make it difficult to move on from the divorce and start to heal.
For anyone concerned about how social media may affect your pending divorce, it is important to speak with an experienced divorce attorney. They can help you understand your rights and options, and…
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What Factors Are Considered When Dividing Property in a Divorce?
When a couple gets divorced, one of the most important issues to address is the division of property. The court will consider several factors when making this determination, including:
- The length of the marriage
- The contributions of each spouse to the acquisition, maintenance, and improvement of the property
- The earning capacities of the spouses
- The needs of any dependent children
- The age and health of the spouses
- The wasteful or extravagant dissipation of marital property by either spouse
- Any other factors that the court deems relevant
If you are going through a divorce in Chicago, IL, it is important…
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How Much Should Family Vloggers Pay Their Kids?
Technology and social media have significantly impacted entertainment, with content creation focusing on family life and children. However, scandals and lawsuits have led to a new law in Illinois requiring parents to compensate their children for their roles on family vlogging channels or other forms of social media. This occurrence raises questions about family law, child labor, and the ethics of family vlogging.
To navigate the unchartered waters of social media and child influencers, a family law attorney can help draft formal agreements regarding pay and keep you informed as this law changes over time.
Is It Worth It…
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5 Common Mistakes To Avoid In The Divorce Process
Divorce is a complex process, and navigating it is never simple. But luckily, there are a few common errors that you can avoid to make things much easier. Knowing and preventing these mistakes can significantly benefit you.
Not Preparing
One of the biggest mistakes in the divorce process is failing to prepare appropriately. Researching and gathering all the necessary documents allows you to build a solid plan. Here are some steps you can take to solidify that plan:
- Collect financial records
- Make a list of all property, assets, and liabilities
- Understand your financial situation
Following these steps can help you…
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How Can I Make Sure a Prenup or Postnup Will Be Enforceable?
A prenuptial agreement, which is commonly referred to as a prenup, is a legal contract that will be signed before a couple gets married, and it can provide protection to a spouse who is entering a marriage with significant assets. Similarly, a postnuptial agreement, also called a postnup, may be created at any point during a couple’s marriage, and it may be used to protect the interests of both spouses following changes in a couple’s financial situation. These agreements can specify how a couple’s assets and debts will be divided between the parties in the event of divorce or…
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How Does the Servicemembers Civil Relief Act Impact Family Law Cases?
Members of the military often face special challenges when they are involved in a family law case like a divorce or child custody case. They may not be able to be present in court if they are deployed or stationed far away. The SCRA was developed to protect military members from the disadvantages they face in civil court actions. As the act applies in all civil cases, family law proceedings can be impacted by the rules it establishes. Military members may need to be accommodated by the court so that they can participate in any hearings held and be a…
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The Devastating Impact of Parental Alienation Syndrome
It is not uncommon for there to be some acrimonious feelings parents may have towards each other as they are going through a divorce. However, it is critical for the sake of their children that the parents quickly work through these emotions in order to minimize the impact they can have on how well the children adjust. Unfortunately, there are some cases where one of the parents is unable to work through these feelings and they can intensify to the point where they do everything they can to turn the children against the other parent. This is referred to as…
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How and Why to Establish Paternity of Your Child
Paternity is the legal recognition of the father-child relationship. Establishing paternity is essential for determining the rights and responsibilities of both the father and the child. Paternity can have significant implications in various aspects of family law, including the allocation of parental responsibilities, parenting time, and child support.
How to Legally Establish Paternity
If a married couple has a child, the husband is presumed to be the child’s father, and paternity is established automatically. However, for unmarried couples, paternity must be established in one of several ways. Establishing paternity has significant benefits for the father, the mother, and the child.
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How Do Child Representatives Influence an Illinois Divorce Case?
Divorce cases involving children can often become contentious. The parents may have vastly different ideas about what is best for their children and how custody arrangements should be handled. In some divorce cases, parents make allegations of neglect or abuse against each other, further complicating the matter.
Illinois judges want to ensure that parental responsibilities and parenting time arrangements are established based on what is in the child’s best interests. In order to do this, a child representative may be assigned to a divorce or family law case.
What is a Child Representative in Illinois?
Child representatives are attorneys appointed…
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How and When Are Mental Health Evaluations Used in Illinois Child Custody Cases?
Mental health has never been a more crucial issue than it is now. The rates of depression, anxiety, and other mental health conditions have skyrocketed in recent years. If you or your child’s other parent struggles with a mental health condition, you may have questions about how mental health evaluations are used during Illinois child custody cases.
Mental health evaluations are sometimes used to help the court make an informed decision in a custody dispute. Either parent can request a mental health evaluation of the other parent, or the judge may require a parent to undergo psychological testing. Read…
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My Spouse is Threatening to Divorce Me. What Should I Do?
If your spouse is threatening to divorce you, it can be a stressful and emotional time. While taking the situation seriously is essential, protecting your rights and interests is also vital. Consider consulting with a divorce attorney to understand to get an idea of the divorce process as well as your options during this time.
Do These Things Right Now if Your Spouse is Threatening to Divorce
Here are some essential considerations if your spouse is threatening to divorce you, including:
- Seek legal advice – One of the first things you should do is seek legal advice. An experienced divorce
…
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