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Many people who have friends in other states who have gone through a divorce can are surprised to learn that property division during divorce varies from state to state. Community property laws dictate a 50-50 split of all marital property. Illinois is among the majority of states using equitable division laws as opposed to community property laws. Equitable distribution involves a fair but not necessarily equal distribution of marital assets.
Illinois law can be rather complex when it comes to determining the distribution of marital property, and a number of factors can influence court decisions in these cases. The
Continue Reading How Does Equitable Distribution Work?

Earlier this year, the American Bar Association (ABA) said that while the overall divorce rate in the United States was on the decline, the one group seeing an increase was the so-called “gray-haired” demographic. People 50 years of age or older account for 25 percent of all divorces, and 1 in 10 individuals getting divorced are 65 years of age or older. Anybody who is going through a gray divorce in the greater Naperville area will want to be sure they are working with an experienced divorce attorney for people in retirement or near retirement.
There are certainly advantages to
Continue Reading Gray Divorces Are Only Getting More Common

When a couple gets divorced, they either negotiate a settlement regarding property division, child custody, and other divorce matters, or a decision is handed down by the court. However, It is not uncommon for circumstances to change among divorced individuals, and certain changes can create a need for people to modify or enforce their divorce agreements
Common Kinds of Divorce Modifications
Certain kinds of divorce issues are more common for modifications, while many others will be viewed as being somewhat settled law. Martial property division matters, for example, are usually not going to be something a court revisits.
Some
Continue Reading How Modifications Work in Divorce Cases

Infidelity is one of the top reasons for a divorce. The trust and commitment that the married couple had agreed upon have broken down and been betrayed. Though the unfaithful act may cause a marriage to break down, it is often unclear exactly how it affects the divorce. 
What is a No-Fault Divorce?
As of 2016, the state of Illinois recognized irreconcilable differences as the sole grounds for a divorce. Because of this, one spouse cannot blame the other’s actions as the primary reason for the divorce. This is beneficial for the spouse that is petitioning for the dissolution
Continue Reading What to Know About Infidelity Concerning Your Illinois Divorce

It is no secret that a divorce can be a lengthy process. If the relationship between the couple has become increasingly hostile, it can be exceptionally difficult. Conversely, if the couple wishes to end the marriage but seeks an uncontested divorce, then their compromises and agreements on many issues can expedite the process quite a bit. Depending on a multitude of issues, you can expect a divorce to take anywhere from several months to several years. The key factor is how much conflict lies between you and your spouse.
What Factors Influence the Duration of a Divorce?
A divorce is
Continue Reading How Long Will My Illinois Divorce Take?

Divorce is already a complicated process, but when there are dependents involved, it further complicates matters. Children are the typical dependents involved in a divorce, and most financial support will end when the child reaches eighteen years of age or graduates from high school. There are other instances, however, in which additional support may be required for a dependent who is no longer a minor. 
Just because your child reaches the age of eighteen does not mean they no longer need support. A divorce disrupts many things, but the parents and the courts can work together to find what
Continue Reading What You Should Know About Non-Minor Support for Your Illinois Divorce

During a divorce, the couple is encouraged to agree on how to divide their property and settle outstanding issues. This can be a simple task for some amicable couples, but it can become a struggle for others. If agreements can be reached outside of court, it will speed up the proceedings. When the spouses cannot reach an agreement on several issues, introducing a mediator may be highly beneficial. 
Mediation is common in many divorces and is a fair way to ensure that both parties have an opportunity to voice their opinions. In many cases, mediation helps spouses mutually agree
Continue Reading How Will Mediation Help During My Illinois Divorce?

Initiating the process of beginning a divorce can seem like an impossible task. Not only does a divorce take an immense emotional toll on everyone involved, but it can also be overwhelming to navigate through all of the legal proceedings and logistics of the process. As is the case with many things in life, starting can be the hardest part. Fortunately, the [[title]] has years of experience to help you take that first step so you may begin your new life.
Determining your Situation 
There are many considerations at the beginning of the divorce process, but to determine how to
Continue Reading How Do I Begin my DuPage County Divorce?

When a couple initially gets married, divorce is hopefully far from their minds. However, in the event the spouses do decide to end the marriage, dividing assets can be quite complicated. If you are at all concerned about losing money or property in a divorce, a prenuptial agreement might be a route you need to take. But what exactly are prenuptial agreements, and how do they protect you?
What Are Prenuptial Agreements?
A prenuptial agreement, or premarital agreement, refers to an agreement that the two spouses have made prior to their marriage. It must be signed by both parties and
Continue Reading How Will A Prenuptial Agreement Affect My Will County Divorce?

Among the many difficult and uncomfortable hurdles you face during a divorce comes the question of how to divide the property. If you have been married for many years, it can be undeniably challenging to decide who gets what. You want to make sure you have the best case in your favor to ensure you receive what you are entitled to.

What is Marital Property and What is Non-Marital Property?
The basis of deciding who retains ownership of certain properties is established by first dividing what is considered “marital property” and “non-marital property”. Though it can still be tricky to
Continue Reading How Can I Retain my  Property After Divorce in DuPage County?

One of the most complicated aspects of a divorce is deciding what is best for your children. If you and your spouse have had children together, it can further convolute an already confusing and stressful event. Learning how to navigate custody, deciding upon a fair parenting plan, and understanding child support can be very overwhelming for an individual. Fortunately, the experienced professionals at Hendrix Law firm can help guide you through the process and provide peace of mind.  
How are Custody and Child Support Determined?
After a divorce, the custody of the children will be decided based on a number
Continue Reading Navigating What is Best for Your Children In Naperville

High net worth couples are typically comprised of two partners who are driven, ambitious, and have a strong work ethic. Coupled with careful spending habits and excellent investment practices, these couples can accumulate substantial assets both before and during the years of their marriage. And while this can be a blessing in many ways, when a high-net-worth couple starts thinking about divorce, their asset portfolio may pose more problems than solutions. If you are considering divorce and are wondering what impact this could have on your financial well-being, here are some challenges to be aware of. 
Your Divorce Will
Continue Reading High Net Worth Couples Face Additional Challenges During Divorce 

During a marriage, each spouse’s money usually becomes inextricably connected with the other spouse’s. Research shows that most spouses combine their incomes, at least to some extent. Because money earned by either spouse during a marriage is considered marital property, the line between what is “yours” and “mine” can become blurred or nonexistent. 
However, this does not mean that spouses should be able to run roughshod over each other’s financial preferences and needs. Wasting money on gambling, drugs, or a shopping addiction can severely harm a family’s present and future financial health, and threaten to drive a couple to seek
Continue Reading Can I Stop My Spouse From Spending All Our Money Before the Divorce is Finalized? 

One of the reasons that people frequently cite for staying in unhappy marriages is the high cost of getting divorced. For homemakers or stay-at-home parents, this is especially true. When you do not have an income of your own and are worried whether inflation and a looming recession will make it impossible to make ends meet, divorce can seem like a pie in the sky. 
But you may be surprised to learn that Illinois law has provisions for ensuring unemployed spouses are not trapped in bad marriages forever because they cannot afford their own divorce attorney. If you are considering
Continue Reading How Can an Illinois Stay-at-Home Mom Get Divorced Without Money?

Although most divorced parents in Illinois are eager to spend more time with their kids, a few parents are flaky or disinterested. While on the surface, this may seem like a great way for the other parent to get more time with the kids, in reality, it leads to frustrated plans and – even worse – disappointed children. If you are in this situation, you already know how hard it can be to deal with an ex who does not show up for his or her parenting time. The good news is that there are options for taking action.
Continue Reading Can an Illinois Court Enforce Parenting Time? 

When parents divorce, it is standard for the parent with less parenting time to pay child support to help finance their children’s needs. Children have the right to be financially supported by their parents in Illinois. Most child support orders from the court end when the children involved turn 18 years old and become an adult. However, there are circumstances where child support payments are extended to non-minor children.
When is Non-Minor Child Support Required?
There are a few key reasons the court may require non-minor child support payments from a parent. Below are the three most common reasons
Continue Reading When is Non-Minor Child Support Required in Illinois?