Kane County Divorce Blog

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If you have made the decision to pursue a divorce, the first few steps of the process can be frightening and overwhelming. It is understandable that you would not know exactly what to do or what you should expect. You could also just be emotionally drained from trying to handle everything on your own. The good news is that a qualified divorce lawyer can help. Your attorney is an ally who is committed to protecting your rights and best interests while he or she guides you through the divorce process — and it all begins with your initial consultation.…
Under Illinois law, virtually any property that either spouse acquires during a marriage is considered marital property, which means that it is subject to being divided between the spouses if they ever get divorced. Such property usually includes wages from your job, even if the money was invested or deposited in a retirement account established in just one spouse’s name. This is also true for a vested pension plan because the value of a pension is based on the efforts of the working spouse, which, according to Illinois law, makes an asset part of the marital estate. How Much…
Many Illinois couples choose adoption for a variety of reasons: growing a family, infertility, giving a permanent home for a child in need, providing a sibling for an existing child, etc.  Familiarizing prospective parents with the Illinois Adoption Act is a wonderful way to communicate the adoption process and outlines the various laws that protect adoptive families and children. These laws also outline the adoption types available. Basic Requirements for Adoptive Parents There are certain requirements in place that all prospective parents must meet before adopting a child. These are put into effect for the child’s safety. The requirements include:…
Divorce has become common enough that some couples seek to lower costs by purchasing “at-home” divorce kits and filing their own legal paperwork. In some situations, this approach can work, but most couples will save time, money, and stress by partnering with a skilled divorce lawyer to walk them through the process. There are a number of very important reasons to consult with a lawyer on all divorce-related concerns. Consider some of the most common: Reason #1: Experience Is Key Divorce lawyers handle divorce cases on a daily basis. As a result, even lawyers who have been practicing for only…
In most cases involving divorce or family law matters, the parties are able to negotiate an agreement outside of the courtroom. They only require the court to approve and formalize terms already drafted, with very little actual decision-making happening during the approval. Sometimes, though, the parties cannot reach an agreement and the matter is left to the court to decide. Such a ruling by the court typically carries an air of finality, especially if it feels like you were on the “losing” end. A less than favorable judgment is not necessarily the end, however, and filing an appeal could potentially…
We all know how challenging interpersonal relationships can be. Unfortunately, difficult situations like divorce and child-related legal proceedings can bring out the worst in people, making such relationships even more trying. Thanks to modern technology, individuals are more readily accessible to one another and connected like never before. Thus, it is easier than ever for your soon-to-be ex-spouse to lash out and send an angry text or email, tempting you to respond in a similar manner. Doing so, however, can be detrimental to your case, so it is important to keep your focus on moving forward. Responding Is Not Always…
While parenting after a divorce or a breakup of unmarried parents will nearly always be challenging, your child will benefit from determined cooperation between you and your former partner. Parents have long been permitted to develop their own agreements regarding child custody—as long as they promoted the best interests of the child—however, the law in Illinois was recently amended regarding child custody and parenting concerns. Today, divorced or unmarried parents are not only allowed to create a parenting plan, but they are fully expected by the court to do so. One element that must be considered in drafting…
If you have spent any time on social media over the last few months, you have undoubtedly seen your friends and loved ones expressing their displeasure over the challenges that 2020 has presented. Among the most stressful of these challenges are those that are linked to the outbreak of the novel coronavirus. As the COVID-19 pandemic made its way across the country, entire cities and states shut down large portions of their infrastructure starting in March. Now that we are in August, things are slowly beginning to open up again—albeit amidst fears of a second wave of coronavirus infections. Over…
It is no secret that marriage is the most difficult and rewarding relationship that one can commit to. All couples have their good and bad days – on some days, you could never imagine being with anyone else, and on others, the fighting seems to never stop. The highs and lows of marriage are unavoidable and many relationship professionals say that the “lows” of the relationship can often bring the couple closer together when all is said and done. Unfortunately, not all marriages are meant to make it to the lifelong-finish line. The fighting can become too common, you may…
Moving to a new town or state can be hard for children under any circumstances, as they try to adjust to a new school, new friends, and a new routine. It can be even more difficult after a divorce, since children may be moving a significant distance away from one of their parents. If you are a single parent and your career or personal circumstances require relocation, you should be aware of the potential impact the move will have on your kids and do all that you can to make the situation easier for them. Advice for Helping Your…
Almost all divorces are challenging, especially when children are involved, but some are more difficult than others. You may find yourself going through a high conflict divorce because of a partner’s cheating or infidelity or because you and your spouse simply struggle to communicate and cooperate. If the two of you have children together, it is important that you find a way to successfully co-parent regardless of how hard it is for you to get along. Overcoming Your Differences to Co-Parent It may not be easy, but keeping these suggestions in mind can help you reduce stress and conflict in…
Courthouses in Illinois are still hearing cases despite the public health crisis caused by the COVID-19 pandemic. However, the way that courts operate has changed for the safety of everyone involved. Mask and social-distancing requirements are in place, and there are limits on the number of people allowed to attend a hearing. Courts are also using video conferencing in order to conduct remote hearings. For instance, Kane County family courts have a mixed schedule of in-person and remote hearings. Even before attending a hearing, many divorce clients are meeting with their attorneys and holding negotiations through applications such as Zoom.…
The marital home is often one of the most prized possessions during a divorce. Being able to keep the home can be a huge win if both spouses want it. However, getting the home also has consequences that may make it less desirable to own. Some divorcees willingly give up their homes or agree to sell them. What are the advantages and disadvantages of getting the marital home in your divorce? Knowing this may determine your strategy for the division of property and other financial issues in your divorce. The Advantages Firstly, it is beneficial to have control over a…
When you break the news of your divorce to your children, you should be prepared for them to ask several questions. You need to be considerate of their feelings when answering these questions because a poorly worded answer could make them more upset. Keep in mind that: Your children are most concerned about how your divorce affects them. They need your reassurance without you making promises that you cannot keep. There are some details about your divorce that your children should not know. You can reasonably expect that your children will ask you some variation of the following questions: Why…
Amid everything you are trying to accomplish during your divorce, it is important to remain mindful of your health. It is not uncommon for people to suffer from chronic pain or sickness following a divorce. They are under a tremendous amount of stress, which is harmful to themselves and can lead to unhealthy habits. This can cause: Bouts of anxiety and depression Cardiovascular disease Drastic changes in your weight Substance abuse Everyone reacts to divorce differently, including the way it affects their health. However, anyone can help themselves during their divorce with these wellness tips: Make an Effort to…
What happens to spousal maintenance after you retire? If you are the person paying maintenance, it would be wrong for you to assume that your maintenance payments will end when you retire. You can terminate maintenance payments only when: You reach the agreed termination date A significant decrease in your income or increase in the recipient’s income makes it appropriate to end payments The recipient remarries The recipient fails to make an effort to become self-supporting Retirement may give you grounds to decrease your maintenance payments, but terminating payments is unlikely. There are several factors that determine whether and how…