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In most divorce cases, Illinois law does not require you to leave your family home while going through a divorce. However, it may be the better decision to do so if staying there would open you up to domestic abuse. Moving out of the home during a divorce has become commonplace, as sharing a space with the person you no longer want to be married to may only cause more friction and emotional turmoil. For legal advice on approaching your impending divorce, consult an experienced attorney.
Pros and Cons of Staying in the House
If you have no other
Continue Reading Do I Need to Move Out of My Home During a Divorce?

As much as some spouses would like to hear that maintenance is guaranteed at the end of every divorce, the reality is that not everyone who petitions for maintenance will be awarded it. Instead, a spouse must qualify for spousal maintenance in one of two ways. Understanding the intricacies of divorce and how it pertains to maintenance is important. An experienced lawyer with knowledge on the subject can go a long way to helping you figure out what you are entitled to once a divorce is finalized.
What is Spousal Maintenance?
Spousal maintenance, also referred to as alimony or spousal
Continue Reading Is Alimony Guaranteed in an Illinois Divorce?

As the presumed father, discovering that you are not the biological father of your child can be devastating. You have been paying for the child, helping to raise the child, and have grown to love this child. The news may be too much to bear, and you decide to file for divorce. However, you still feel connected to the child, but what rights do you reasonably have? You will need a skilled divorce and child custody attorney to help with what is to come.
How To Maintain a Relationship With The Child
In Illinois, you are considered the
Continue Reading What To Do When You Know You Are Not the Father

Alimony, known as spousal maintenance in Illinois, can be avoided, but it will take a little bit of pre-planning and forethought to pull it off. Spousal maintenance is never guaranteed in a divorce but can become an issue if one spouse makes substantially more money than the other. If you are wondering whether or not you will have to pay spousal maintenance, consult an experienced divorce lawyer to assess your marital situation.
How Is Spousal Maintenance Determined?
The court will look at many factors when determining how much and for how long spousal maintenance will be necessary. The factors a
Continue Reading Can I Avoid Paying Alimony in Illinois?

Splitting up marital assets is one of many factors a court will consider during divorce proceedings. The marital home is one such asset that carefully considers who receives it when the divorce is finalized. As Illinois is an equitable distribution state, splitting a house is not so simple. A consultation with a divorce attorney can help you better understand how the division of marital assets works and how compromise can go a long way.
How is the Marital Home Split Between Spouses?
No surefire rule automatically awards the marital home to one spouse over the other. Typically, for one spouse
Continue Reading Who Gets the House in the Divorce?

Determining whether it is okay or not to date while going through a divorce is a personal choice. It is legal to do so, but it could cause more problems than it is worth. Dating during a divorce, especially when children are involved, may only make an already combative process more adversarial. To better understand what is and is not a good idea during divorce, consult an experienced divorce attorney.
Where Could Dating During Divorce Cause Complications?
Dating during a divorce could adversely affect legal matters concerning allocating parental responsibilities, including decision-making and parenting time. A judge could
Continue Reading Is It Okay to Date During a Divorce?

Couples looking to dissolve their marriage without a nasty legal battle in a courtroom may prefer an alternative like collaborative divorce. The collaborative divorce process offers many advantages that traditional litigation cannot. Parents can benefit most from collaborative divorce as it creates an environment that can lead to a more amicable outcome for both parties. A lawyer well-versed in collaborative law can be an invaluable guide throughout the entire process.
What is a Collaborative Divorce?
Collaborative divorce is a “team effort” method that sees a couple come together voluntarily to work out their differences without needing to go to
Continue Reading Who is Collaborative Divorce For?

Having a stranger present when spending time with your children can feel awful. They are only there to watch everything you do together with your child and can create a feeling of dread that will have you second-guessing everything you do in their presence. You may even wonder what you did to deserve this treatment. Securing a good lawyer can help you fight for a better outcome on visitation rights if you feel the court order does not reflect the reality of your parent-child relationship.
Why Are Supervised Visitations Implemented?
When a parenting plan for visitation rights cannot be agreed
Continue Reading What to Expect from Supervised Parental Visitation

Understanding the residency requirements for an Illinois divorce is a necessity. Illinois law has two very specific requirements for residency that one or both spouses must comply with before a divorce can be finalized.

Whether through mediation, collaborative law, or traditional litigation, having a skilled lawyer on your side can make all the difference in a divorce’s outcome.
The Residency Requirements for an Illinois Divorce
Meeting the residency requirements for a divorce requires that you, your spouse, or both must have lived in the state for at least 90 days before filing. In general, one spouse must have lived in
Continue Reading Meeting Illinois Residency Guidelines is Crucial for Divorce

temporary restraining order (TRO) is a form of injunctive relief that legally forces a party to take a specific action or prohibits them from taking one. The general reason for TRO is to preserve the status quo until after a trial order has been finalized. In the case of a divorce, a TRO is to prevent an immediate threat of injury, which the petitioner must prove to the court that later money cannot remedy. A skilled attorney can help anyone petition for a TRO in a divorce where one party feels threatened or in imminent danger.
Difference Between a
Continue Reading Can You Get a Temporary Restraining Order in an Illinois Divorce?

Illinois has allowed civil unions beginning as far back as 2011. Before then, only traditional marriage and justice of the peace ceremonies were available. The enactment of civil unions into law was originally meant to allow same-sex couples to engage in something akin to traditional marriage in the eyes of the state. Today, civil unions are not much different than traditional marriage, which also means the divorce process tends to be the same as well. With any divorce, having a dependable attorney in your corner to fight for your benefit.
What is Traditional Marriage?
Marriage is meant to be a
Continue Reading Difference Between a Civil Union and a Traditional Marriage

Not every misdiagnosis is capable of a medical malpractice claim. However, many still are, and legal action is possible in these circumstances. Doctors are not infallible and can be subject to providing incorrect information or late information that can result in a worsened condition for a patient. Anyone planning to take a doctor or hospital to court should employ the help and guidance of an experienced and skilled attorney.
What is a Wrongful Diagnosis?
Doctors can mistake your condition for something completely unrelated. Some may decide you are suffering from one medical issue when, in fact, you are suffering
Continue Reading Can I Sue a Doctor for a Wrongful or Delayed Diagnosis?

Everyone knows that a divorce can seriously affect the spouses and the children, but what about pets? In most homes, pets are not considered property but family. Your little furry friends mean more to you than their purchase price, and as such, you would want the same consideration in a divorce hearing. A compassionate and knowledgeable attorney can answer any concerns you may have regarding your pets and help see that they are in the care of the right party after a divorce.
Who Gets Ownership?
Determining who gains pet ownership in a divorce can be tricky and will require
Continue Reading How Do Illinois Property Division Laws Affect Pets?

The answer to the safety of your small business depends on your definition of safe. A court deeming your small business as marital property in a divorce could see it being split between you and your spouse. The good news is that there are steps you can take to protect your business during and after your divorce.
When choosing a divorce attorney, it is important to select someone with experience handling divorces involving small businesses. You should also choose an attorney with whom you feel comfortable and who you trust to represent your interests.
Is My Business Considered Marital
Continue Reading Is My Small Business Safe in a Divorce?

Getting married is an exciting milestone, but one that also involves legal entanglement. For couples in Illinois hoping to clarify financial issues and protect assets, a prenuptial agreement can provide critical peace of mind no matter what the future holds.
But knowing what to put in an Illinois prenup can be a challenge. You want an agreement that protects yet does not seem cold and unromantic. The key is crafting a document that reflects your values and goals as a couple. A family law attorney can help you form the right document for you.
Defining Your Financial Partnership
A prenup
Continue Reading What Should I Put in a Prenup If I Live in Illinois?

Losing your job can drastically reduce your income. As a parent who provides child support, you may wonder if losing your job constitutes grounds to modify your existing support order. Here is what the law says about obtaining child support reductions after job loss and how an Illinois lawyer can help.
Demonstrating a Substantial Change in Circumstances
Under Illinois law, child support can only be modified if there has been a “substantial change in circumstances” since the current support order. Losing your employment or having your hours or wages significantly reduced likely qualifies as a substantial change.
Be prepared
Continue Reading Can I Modify Child Support in Illinois if I Lose My Job?