Kane County Divorce Blog

Latest from Kane County Divorce Blog

Divorce often follows months, years, or decades of marital breakdown. By the time a couple files for divorce, they may have pent-up resentment, anger, and hurt, making it nearly impossible for them to interact amicably. Some divorcing spouses can hardly stand to be in the same room together.
Sharing a home with your spouse during divorce can be miserable for both parties. It is also hard for children to live in a home filled with animosity. Consequently, many spouses wonder if they can force their spouse to move out or have their spouse evicted.
Motion for Exclusive Possession of the
Continue Reading Can I Force My Spouse to Move Out During Our Divorce?

Child support used to be calculated solely based on the obligor’s net income and the number of children being supported. For example, a parent supporting one child paid 20 percent of his or her income in child support and a parent with two children put 28 percent of his or her income toward child support. However, Illinois has since modernized the child support calculation method to include the income of the both parents.
Typically, a parent’s actual income is used to calculate child support. However, there are situations in which the court may use a parent’s “imputed income” to determine
Continue Reading How is Imputed Income Used in Illinois Child Support Cases?

As you may already know, Illinois laws are frequently updated and modified. Some of the biggest changes to Illinois divorce and family law took place in 2016. The language used to describe child custody matters was just the start of the changes. Legislators also modernized the way courts handled child custody and divorce issues, prioritizing the involvement of both parents in a child’s life.
If you are getting divorced or are unmarred and share a child with an ex, you may have questions about how to get sole custody. How does sole custody work? Can a father get sole
Continue Reading How Does Sole Custody Work in 2022?

When a marriage breaks down, it can be hard to know what to do. Getting divorced is an irreversible action that will likely influence both spouses’ lives profoundly. Spouses contemplating divorce may be hesitant to file for divorce if they are not completely sure it is the right choice. The situation becomes more complicated if a spouse is involved in an unhappy marriage, but religion, culture, or personal beliefs prohibit divorce. Legal separation is an alternative to divorce you may want to explore if you are in a situation like this.
Legal Separation in Illinois
It is important to note
Continue Reading How Does Legal Separation Work in Illinois?

Divorcing couples have many important financial issues to consider. When one or both spouses own a business, the financial complexity of divorce is amplified. The situation becomes even more complicated if the spouses owned and managed a family business together. Some spouses in this situation decide to sell the entire business and divide the proceeds equitably. This gives both spouses the opportunity to pay off debts and start their post-divorce life with some degree of financial security. Other couples decide that one spouse will keep the business and buy out the other spouse’s share with assets of equivalent value.
Continue Reading Is Co-Owning a Family Business With an Ex-Spouse a Realistic Option?

Did you know that over seven percent of adults in the United States suffer from major depressive disorder? Depression is extremely common. The illness, marked by persistent low mood, little interest in enjoyable activities, and feelings of worthlessness, is something many people struggle with on a daily basis. Studies show that the ongoing COVID-19 pandemic has only increased the incidence of depression and anxiety.
If you have depression, you know how deeply it can affect your life. Going through a divorce when you have depression only adds to the difficulty.
Strategies for Divorce When You Suffer from Depression
Divorce is
Continue Reading Getting Divorced When You Have Depression: A Survival Guide

Prenuptial agreements are useful for any type of couple. Individuals may use a prenuptial agreement to protect assets, such as a small business, in the event of divorce. Individuals who choose to sacrifice career advancement to stay home with children may use a prenup to ensure they will have access to spousal support if the marriage ends. Older couples who are getting married for the second or third time may have children from a previous relationship and choose to use a prenuptial agreement for inheritance reasons. The possibilities are nearly endless. However, prenuptial agreements may be completely worthless if they
Continue Reading Planning on a Prenup? Make Sure To Avoid These Mistakes

For any parent, the prospect of paying for college can be daunting. College tuition is becoming more and more expensive each year. Unmarried and divorced parents may be understandably even more concerned about how to finance their child’s higher education. Paying for tuition, housing, books, and other educational fees can be even harder to manage in a one-income household.
The average annual cost of attending an in-state public university is just over $25,000 in 2022. For a private university, that number more than doubles. If you are unmarried or divorced and you have kids, it is important to understand
Continue Reading What Divorced Parents of College-Aged Children Need to Understand About College Expenses in 2022

Before a divorce can be completed, divorcing spouses must address multiple issues including the division of marital assets and debts, parental responsibilities, parenting time, and spousal support. Some spouses are able to reach a decision through alternative resolution methods like mediation. Others can negotiate a settlement through their attorneys. However, when all else fails, a divorce case may advance to trial. Whether you have just filed for divorce or you are well into the process, it is important to know how divorce trials work in Illinois.
Divorce Discovery and Pretrial Conferences Precede a Divorce
Before a divorce
Continue Reading Divorce Trials in Illinois: What You Need to Know

Autism Spectrum Disorder symptoms can vary dramatically. Many children with autism struggle with social interactions, sensory overload, and changes in schedules and routines. Some are able to communicate these struggles to parents, teachers, and caretakers. Others are completely non-verbal. Whatever symptoms your child deals with, divorce is sure to have a major impact on your child.
As a parent of a child with autism or Asperger’s, it is important to know your options during divorce.
Parenting Plans for Children With Autism
Kane County parents who divorce will be asked to write up a parenting plan that describes how they will
Continue Reading Important Information for Divorcing Parents Who Have a Child with Autism

Whether you live in a house, flat, apartment, or condominium, a home is often much more than a physical living space. In the midst of a turbulent marital breakdown, a home can become a place of refuge and familiarity. Understandably, many people are hesitant to give up their homes in a divorce. Some blindly fight for ownership of the home without considering the short and long-term consequences of homeownership as a divorced individual. If you are getting divorced, consider the following questions when deciding what to do with the marital home.
What is the Home Worth?
Before you
Continue Reading Ownership of the Marital Home in a Divorce: 5 Questions to Ask Yourself

Divorced and unmarried individuals in Illinois are often subject to child support orders. When the court orders child support, it is not a suggestion. The paying spouse or “obligor” is required by law to pay the child support. Failure to pay the support in full can lead to significant consequences. Court orders for spousal support, also called spousal maintenance or alimony, are the same. If you are required to pay child support or spousal support and fail to make payments, your wages may be garnished.

Wage Garnishment for Unpaid Support in Illinois
The term “wage garnishment” refers to the
Continue Reading Can a Person’s Wages Be Garnished For Failure to Pay Child Support or Spousal Support in Illinois?

Children greatly complicate divorce. Many divorcing parents worry about how the split will affect their kids. They also worry about how to manage a co-parenting relationship with their soon-to-be-ex. Parenting is already challenging enough. Parenting with someone to whom you used to be married is even harder.
Experts agree that children need predictability and consistency to feel safe. Finding a co-parenting strategy that works for you and your children and sticking with it is one of the best things you can do to help your children during this difficult time.

Traditional Co-Parenting Styles
Many divorcing parents remain on relatively
Continue Reading Choosing a Co-Parenting Style That Works Best for Your Family

In 1989, about ten percent of stay-at-home parents were men. That number had nearly doubled by 2016. As traditional gender roles fade and families take unique approaches to raising children and maintaining a home, more and more men are choosing homemaking and family life over a career. Furthermore, about 30 percent of modern wives make more money than their husbands.
If you are getting divorced, you may be worried about the financial consequences of ending your marriage. If you are disabled, out of work, or have chosen to sacrifice your career in lieu of family or household responsibilities, you
Continue Reading Can Men Get Alimony in Kane County, Illinois?

Reports show that approximately 40 percent of babies are born to unwed parents. In Illinois, a parent’s marital status can affect parentage and paternity issues. Whether you are a mother or father, or you soon will be, it is important to understand how Illinois paternity laws may influence your situation. Child support, child custody, and several other important matters hinge upon parentage.
How to Establish Parentage in Illinois
Most parentage issues are paternity issues affecting fathers. Because the mother gives birth to the child, there is rarely doubt about who a child’s mother is. When a mother gives birth, she
Continue Reading Understanding Paternity and Parentage Laws in Kane County

In an ideal world, parties in a divorce case would be cooperative and respectful. They would freely disclose financial information, hand over necessary documents, and negotiate divorce issues in good faith. Unfortunately, this rarely happens. Divorcing spouses and other relevant parties in a divorce may sometimes refuse to cooperate with requests. In this case, the court may issue a subpoena that requires the party to take certain actions.
What Is a Subpoena?
A subpoena is a court order requiring a party to do something under penalty of law. Ignoring a subpoena can lead to charges for contempt of court. Failure
Continue Reading How Are Subpoenas Used in Illinois Divorce Cases?