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Latest from Hendrix Family Law Blog

Divorce is one of the hardest things a person will ever go through. While it presents personal challenges, divorce is a legal process and is governed by many different laws. When getting a divorce, not everyone understands these laws and therefore, they make mistakes that greatly affect their case. An experienced divorce attorney can help people avoid these mistakes, and provide sound legal advice for anyone who is ending their marriage. Choosing the Wrong Type of Divorce People going through a divorce often envision a costly and lengthy battle that takes place in a courtroom. However, that is not the…
In Illinois, there is such a thing as the simplified joint marriage resolution procedure, or simple divorce, commonly referred to as an uncontested divorce. However, many couples opt to litigate their divorces since there are usually some or many things that require negotiations, including property and debt. When these contested divorces include added complications, such as major concerns about children, high-value assets, and business ownership, they are considered complex divorces. In general, the following five concerns could make your divorce far more of a complex divorce compared to a simple divorce or typical divorce. 5 Issues That Can Complicate Your…
When it comes to divorce, there are many issues that have the potential to cause quite a bit of conflict between the two individuals involved in this divorce. From property division to child support, these issues appear in nearly every Illinois divorce case. However, the issues that have the most potential to cause an argument for many couples are those that have to deal with the children. Creating a parenting plan can be a long and daunting process for parents who do not get along, but parents are typically much happier and have a better chance of sticking…
Much like our views about many other things in society, our opinions of the divorce process can look different to everyone depending on the circumstances surrounding your case. There are many ways you could go about getting a divorce in Illinois — the traditional litigated way, in which you may end up in front of a judge in a courtroom and through the collaborative method, which requires cooperation between spouses, among others. In particularly contentious divorces that are relatively “simple” in nature, the spouses may decide to agree on the divorce settlement because they just want the process to be…
If you are like the majority of people, divorce is the absolute last thing on your mind when you are standing at the altar, ready to say, “I do.” Unfortunately, statistics show that a fair amount of marriages still do end in divorces. According to data from the National Survey of Family Growth, an estimated 22 percent of first marriages will experience divorce or separation within the first five years of the marriage. That chance increases the longer you are married, with an estimated 53 percent of first marriages ending in divorce or separation within 20 years of marriage. A…
A common concern that parents have when they get divorced (or separate from one another if they were never married) is whether or not they will each be able to financially support their child, now that the other’s finances are no longer in the picture. Both parents are obligated to provide financial support for their child, even if they share custody of the child, which is where child support comes into play. A child support amount can be agreed upon by the parents, but the Illinois Marriage and Dissolution of Marriage Act (IMDMA) puts forth guidelines as to the minimum…
When you own your own business, that business is your livelihood. For many small business owners, their business is like a baby they take great pride in producing, nurturing, and growing. However, all of that growth and success is jeopardized if you or your spouse seeks a divorce. Even if your spouse was never necessarily involved in the functions of the business, there is a possibility that he or she is entitled to a portion of the business’s value simply because of your marital status. Financial decisions made during your divorce can affect you for the rest of your…
Over the years, the trends and typical practices in family law have changed and evolved as society has. Decades ago, it was common for a couple to take their divorce to a judge to have him or her sort the issues out, rather than resolving the issues out themselves. Now, most divorce court systems across the country encourage couples to work with one another as much as possible to create a divorce settlement that is mutually agreeable. One such practice that has been shown to greatly increase the success rate of uncontentious divorces is utilizing the collaborative divorce process. …
One of the most stressful and frustrating aspects of divorcing your spouse is the financial aspect of the situation. For some couples, the money side of the divorce may not be of much concern, but for most couples, getting a divorce puts a real financial strain on both parties. According to Bankrate, the average cost of a divorce is around $15,000, but the final price tag could be upward of $100,000 in extremely contentious divorces. That is a hefty bill for anyone to foot, especially for those who are disabled or who have been homemakers and who have not held…
In many ways, divorcing when you and your ex have children together is much different than divorcing and just worrying about yourself throughout the process. When you get a divorce and you have children, there are various elements of your divorce that differ, or that are now required during your divorce process. One of the most important elements of any divorce that involves children is the parenting plan, which must be submitted to the court and approved before the divorce can become final in Illinois. The parenting plan is an important element in setting forth rules for co-parenting, parenting…
If you have ever seen any television show or movie about a couple involved in a divorce, you have probably seen the typical depiction of the pair arguing over who gets things like the home, the cars, certain household items, or even custody of the children. Many people going through a divorce, even in real life, forget about what is often one of their most valuable and important assets — their retirement fund. In Illinois, you and your spouse are required to divide the value of any asset that is considered to be a marital asset, which could include…
When you tell someone that you are getting a divorce, their first question is often, “Why?” There are a million reasons why couples get divorced, ranging from infidelity to dissatisfaction, to domestic abuse. Prior to 2016, the state of Illinois allowed couples to choose between filing a “no-fault” or “fault” divorce, in which reasons such as adultery and alcohol or drug abuse could be used to place blame for the divorce on one of the spouses. Now, only “irreconcilable differences” are cited as being the reason for a divorce, so as not to assign blame to either spouse. However,…
Each year, there are millions of divorces that take place across the country. According to the National Center for Health Statistics, the latest data shows that there were an estimated 2.9 divorces for every 1,000 people in the United States in 2018. While that number has decreased somewhat since 2000—when the rate was an estimated 4.0 divorces for every 1,000 people—divorce still remains a common occurrence in our country. Many of these divorces involve children and bring along a litany of issues that must be settled because of it. Parents often wonder how their divorce will affect their children and…
For many couples, the asset division process is one of the most contentious issues that they must face when they get divorced. Although the asset division process is not as emotionally charged as proceedings involving child custody or parental decision-making, the decisions made during the asset division process can be significant. The decisions you make when determining how you will split up your property and divide your debt have the potential to impact your life for years to come. If you are going through a divorce in Illinois, it is important that you understand how the asset division process
When you are in the midst of a divorce, it can start to feel overwhelming, like there is no end in sight. Divorce negotiations can be unpredictable, leaving you with much to wonder about, including what your life will be like after your divorce is over. There are so many questions that you likely have on your mind — where you will be living, if you have to sell your home, and whether or not you will have enough income to support yourself and your children if you are a parent. Regardless if you are a stay-at-home parent or you…
For many people, most of their knowledge about divorce is simply what they have seen played out in movies or TV or from stories they have heard from their family and friends who have gone through a divorce. No two divorces are the same, so there are many things that may come as a shock to couples who end up going through the process. This can be especially true when it comes to couples who have children. Parents getting a divorce have many additional issues to worry about, including allocating parenting time and parental responsibilities. For many parents, one of…