Kane County Divorce Blog

Latest from Kane County Divorce Blog

During a divorce, spouses will often encounter multiple types of disagreements over the various issues that will need to be addressed in order to end their legal partnership. For parents, disputes related to child custody will often be some of the most contentious issues, and spouses may have completely different ideas about how to make decisions regarding their children or expectations about when children will live with each parent. By understanding how Illinois law addresses these issues, parents can determine how to reach workable solutions, or they can prepare to advocate for their rights through litigation in court. Factors…
Getting a divorce can be a stressful experience, especially if you feel like your life is being completely upended as you separate from your spouse. As you determine how to divide your marital property and address other financial matters, one issue that will need to be resolved is ownership of your family home. Being attached to the home where you have lived is understandable, and you may wish to continue living there after completing your divorce. However, you will want to be sure to understand the ramifications of this decision and make sure you will be positioned for financial…
There are a variety of tax issues that spouses will need to consider when they get a divorce. When parents are divorced or separated, a child can only be claimed as a dependent by one party. In many cases, the custodial parent who has the majority of the parenting time will be able to claim a child, although a couple’s divorce settlement may provide for other arrangements, such as each parent claiming a child in alternating years. The parent who claims a child as a dependent can receive a child tax credit when filing their tax return. In 2021,…
Marriages can break down for a variety of reasons, but infidelity is one of the most painful and emotionally difficult issues that can lead to divorce. If your marriage is ending because either you or your spouse were unfaithful, you will probably be wondering how this will affect your divorce proceedings. Whether you are struggling to come to terms with your spouse’s infidelity or you are concerned about whether your own behavior during your marriage will play a role in your divorce, you will want to understand how Illinois law applies in your situation. Addressing Infidelity When Filing for…
There are a variety of reasons why either spouse may wish to modify the terms of their divorce. Both parties may experience changes in their lives that affect their finances, their living arrangements, and their ability to meet their ongoing obligations or provide for themselves. Based on these changes, a person may believe that the decisions made about spousal support during the divorce process no longer apply to their situation. If a person believes that a modification of spousal maintenance is needed, they will want to understand their options and the procedures that will be followed. Requesting a Modification of…
During a couple’s divorce, all aspects of their finances should be considered to ensure that their marital property can be divided fairly and equitably. When a spouse is a business owner, this process can become very complex. In some cases, a person may attempt to use a business to hide assets in hopes that they can keep money or property for themself and avoid dividing these assets with their spouse. When one spouse owns and operates a business, the other spouse can work with an attorney to identify any assets that have been concealed and ensure that all of…
Parents who get divorced will need to address a variety of issues related to financial support for their children. While both parents are expected to contribute financially to their children’s needs, understanding exactly what is covered by child support can sometimes be a complex matter. By working with an attorney to understand how the law applies in their situation, parents can ensure that their children will have the necessary financial resources, while also making sure they will have the means to support themselves. Basic Child Support and Additional Child-Related Expenses In Illinois, parents’ child support obligations are determined using a…
Originally published: May 16, 2016 — Updated: August 12, 2021 UPDATE: It is important for fathers to understand that attempting to avoid responsibility for a child by refusing to sign the birth certificate or acknowledge fatherhood is usually not a good strategy. Even if a person did not want to have a child and does not want to be involved in the child’s life, they may still bear some responsibility for ensuring that the child’s needs will be met. While a father may choose not to voluntarily acknowledge paternity, the child’s mother or other parties, such as a child support…
Whenever a couple chooses to end their marriage, they will need to address multiple legal and financial issues. High net worth divorce cases can be very complex, especially when it comes to the division of marital property. These couples will likely own multiple types of high-value assets, and as they determine how to divide these assets fairly, they will also need to understand the financial implications of the decisions they make. Dividing High-Value Assets During a high net worth divorce, couples will need to gain a full understanding of all of the assets they own, including marital assets acquired…
Although the most commonly known method of collecting child support is through a court order as part of the Illinois divorce process, there are actually two ways of petitioning to collect child support. The first, as previously mentioned, is through an Illinois court. The second is by filing with the Illinois Division of Child Support Services (DCSS). If you are a parent of a child and you are attempting to collect child support, read on to learn more about the advantages and disadvantages of using DCSS to assist you, as well as how hiring a skilled child support attorney can…
So much of the conversation when we talk about divorce centers around the allocation of assets–property, money, investments. But a couple’s allocation of debt is often just as important, especially in an age where so many people carry the burden of enormous student loans. Here, we will discuss different types of debt, the factors that can affect debt division, and the process by which debt is divided in an Illinois divorce. Types of Debt Marital assets and debts follow a similar pattern in a divorce. Debt that was owned by spouses prior to the marriage will generally be owned…
Although some parents will act aggressively to get full parental responsibilities for their children, others feel differently. You may not want full or even partial custody of your child for a number of reasons. Your job, your children from a previous relationship, your desire for privacy, or your feelings that you are not equipped to provide the care your child needs are all possible reasons for wanting your child’s other parent to have the majority of the childcare responsibilities. What is Best for the Child? Whether during divorce proceedings or when establishing parental responsibilities between unmarried parents, the court will…
Everyone knows that when a couple divorces, they split everything they own 50/50. Right? Wrong! Property division in divorce is actually much more complex than just throwing everything into a big pot and then splitting it down the middle. In this blog, we will address some of the most common types of property that must be divided in a divorce, and how Illinois divorce courts tend to divide property. Keep in mind that Illinois is an “equitable distribution” state, meaning that rather than dividing assets 50/50, assets will be divided fairly according to a number of factors that the court…
In a high-conflict divorce where you and your spouse are unable to agree on anything, much less who should have custody or parental responsibilities for your child, character witnesses can be a valuable advantage to help you prove that living with you is in your child’s best interests. Here, we will explore the kinds of character witnesses you might use, as well as what a witness does and what you should do if a witness is reluctant to testify. Types of Witnesses There are essentially three types of witnesses that might appear in divorce proceedings. An independent expert witness, such…
If you share a child with your ex, and they are considering moving out of Illinois, you may feel nervous about what this means for the future of your relationship with your child. Fortunately, the Illinois Marriage and Dissolution of Marriage Act includes provisions limiting how far custodial parents can move with their children without court approval. When is a Parent in Illinois Allowed to Move with a Child? If your ex has custodial rights or parental responsibilities for at least half of the time, they are able to ask permission from the court to move and take the child…
Divorce is stressful. This is such a truism it hardly needs to be said. Between splitting up assets, negotiating with your former partner, taking care of any children, and trying to keep a household and career running smoothly, self-care can fall by the wayside. Ongoing stress is terrible for our mental and physical health, and people will often suffer from illness or chronic pain after a divorce. Anxiety and depression are also common, as is weight gain or loss, substance abuse, and even heart disease. Here are a few things you can do to help improve your health and reduce…