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Will I Have to Sell My Property in an Illinois Divorce?

 Posted on June 20, 2024 in Asset Division

DuPage County, IL asset division lawyerWhen two people get divorced, they are both entitled to marital property. Spouses can divide their possessions among themselves or a court can do it for them. Either way, asset division is a process that can be very difficult, depending on the value of the assets and how complex they are. Some assets like real estate, for example, may need to be sold in order to be divided fairly.

However, you may not want to sell the property you are entitled to. Some spouses, for example, prefer not to sell the family home in a divorce. Having an Illinois asset division lawyer by your side can help you preserve property while ensuring you receive your fair share.

This article will discuss what marital property is and when it is sold.

What Is Marital Property?

Marital property, according to Illinois law, refers to possessions that either spouse acquires during a marriage. If you bought a car while you were married, for example, your spouse has partial ownership of it, even if you have been the only person to drive it.

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When Can My Ex Stop Paying Alimony in Illinois?

 Posted on June 16, 2024 in Spousal Maintenance

Wheaton, IL alimony lawyerFor many spouses who go through divorce, alimony — also known as spousal support or spousal maintenance — is a lifeline. This is especially true for stay-at-home parents who will struggle to re-enter the workforce after the divorce. A divorce court will issue a spousal support order if it feels that one spouse needs the financial help.

However, alimony is rarely paid forever. There are certain scenarios in which your ex can stop making spousal support payments, some of which will be discussed in this article. Remember that the best way to know if your alimony is in jeopardy is to consult your Illinois alimony attorney.

Here are three scenarios in which you might stop receiving alimony payments.

Remarriage

If you are receiving spousal support and you get remarried, your ex is no longer required to continue making payments. This is because, under Illinois law, you are in a “supportive relationship,” which means that your new spouse is expected to support you. The law will not continue to force your ex to pay alimony if you are also receiving financial support from a new partner.

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5 Signs You Should Hire a New Illinois Divorce Lawyer

 Posted on June 06, 2024 in Divorce

DuPage County, IL divorce lawyerGetting divorced in Illinois is challenging, especially if you disagree with your spouse on any issues. The process can be even more challenging, however, if you have the wrong attorney representing you. A divorce lawyer can muddle a simple divorce if he or she is:

  • Incompetent

  • Ignorant

  • Unprofessional

  • Dishonest

  • Overworked

On the other hand, a great Illinois divorce attorney can turn a complicated, messy divorce into a straightforward process with minimal complications.

Here are five signs that it might be time to find a new Illinois divorce attorney.

Dishonesty

A good lawyer knows how to use the law to your advantage. An incompetent lawyer, on the other hand, may resort to lying in court to achieve a certain result. This is not only morally and professionally wrong, but dangerous. Telling a court an untruth, even if it is a “little white lie,” can seriously backfire on you. An attorney who is willing to lie in court is willing to jeopardize his or her client.

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Is Lack of Sex a Reason to Get Divorced in Illinois?

 Posted on May 28, 2024 in Divorce

Wheaton, IL divorce lawyerSexual intimacy is widely considered to be a crucial part of marriage. Unfortunately, it is not uncommon for a married couple to experience a lack of sexual intimacy. This happens when:

  • A spouse suffers from sexual dysfunction.

  • A spouse withholds sex from the other.

  • The spouses lose sexual attraction to each other.

Some couples believe that a lack of sexual intimacy is important but not a reason to get a divorce. Others feel that if there is no sexual intimacy, the marriage cannot (or should not) survive. You must do whatever you feel is best in your situation.

Legally, lack of sex can have certain consequences. It is important to consult a divorce attorney if you and your spouse are experiencing a lack of sexual intimacy serious enough to make you consider ending your marriage.

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What Are the Five Stages of Grief After a Divorce?

 Posted on May 21, 2024 in Divorce

DuPage County, IL divorce lawyerThere is a lot of emphasis placed on the divorce process, and for good reason. Getting divorced in Illinois is a massive legal undertaking that requires a skilled divorce attorney who knows how to navigate the process.

As if that is not difficult enough, many people who get divorced must cope with the five stages of grief, also known as the Kübler-Ross model. This model is usually used to explain how people feel after the death of a loved one. Because the human mind often treats divorce as a loss similar to death, the five stages of grief also apply to many people whose marriages come to an end.

Here are the five stages of grief as they apply to divorce.

Denial

There are many ways that spouses who are getting divorced experience denial. Some examples include:

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Should I Have My Spouse Evaluated in a Child Custody Dispute?

 Posted on May 16, 2024 in Divorce

Wheaton, IL child custody lawyerIn any child custody dispute, an Illinois court tries to accommodate both the rights of the parents and the best interest of the child. When those two things conflict, the court will side with the child’s interests. To determine what is in the child’s best interest, courts can use several tools at their disposal, one of which is a psychological evaluation.

A psychological evaluation of one or both of the parents can be ordered by the court if the judge is concerned that the parent may be harmful to the child. However, a spouse can also request that the other parent be evaluated.

Psychological evaluations are taken seriously by courts and should only be ordered in certain cases. If you feel your co-parent needs to be evaluated, first speak with an Illinois child custody attorney who can advise you on how to proceed.

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Three Ways Your Spouse May Hide Money in Your Illinois Divorce

 Posted on May 07, 2024 in Asset Division

DuPage County, IL divorce lawyerWhen navigating an Illinois divorce, splitting assets in an equitable manner is crucial to the dissolution of the marriage process. But what if your spouse is not as forthcoming about his or her finances as you are? There are three common methods your spouse may use in an attempt to hide assets in your divorce. Understanding these tactics can ensure that, if your spouse does attempt to hide assets, you can be ready to identify his or her deceitful actions and make sure they do not influence your final divorce decree and damage your financial future.  

The knowledgeable attorneys at Goostree Law Group are ready to defend your rights throughout your divorce and ensure your spouse does not get away with any deceitful actions during the divorce process, such as concealing assets. With more than 80 years of combined experience, clients can trust that we know the law and are ready to fight for them.

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3 Ways an Affair Can Affect Your Divorce

 Posted on April 25, 2024 in Divorce

DuPage County, IL divorce lawyerNot all divorces are equal. Some divorces come suddenly and shockingly, while others are expected and a long time in coming. In the latter case, the spouses may have separated for months before the divorce. One of the spouses could have moved out, and one or both spouses may have found new romantic partners.

While there is no law against having an affair, it can affect your divorce and you should check with a qualified Illinois attorney before starting a serious relationship before your marriage ends. This article will discuss three ways an affair can affect your divorce.

Your Affair Can Affect Alimony

In many divorces, one of the spouses — called the “payor” — is required to pay alimony to the other spouse, called the “payee.” 

Under Illinois law, the payee can receive spousal support only as long as he or she is not in a “supportive relationship.” A supportive relationship is a relationship in which the partners are expected to financially support each other. This means:

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How Can I Get Lifetime Alimony in an Illinois Divorce?

 Posted on April 22, 2024 in Spousal Maintenance

DuPage County, IL alimony lawyerWhen a couple gets divorced, one party is often required to financially support the other. This is referred to as spousal support, spousal maintenance, or alimony. Illinois law gives courts wide discretion in deciding whether alimony must be paid, how much payments should be, and how long they should last.

That being said, many factors go into consideration when a court makes decisions about spousal support. This article will discuss some of those factors and when a spouse may receive alimony for life. 

Keep in mind there is no actual formula that will tell you if you are entitled to lifetime alimony. The best way to determine this is to consult with an attorney who is familiar with the family courts in Illinois and can give you a professional assessment.

How Does a Court Decide Whether to Order Alimony?

When making decisions about alimony, a court will look at several factors, including:

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Will I Lose My Business in an Illinois Divorce?

 Posted on April 11, 2024 in Asset Division

Wheaton, IL asset division lawyerOne of the painful realities of the divorce process is that you lose not just a spouse but can also lose financial assets. Asset division, which is the area of divorce law that deals with dividing a couple’s assets, is very complex and should be handled by a skilled divorce attorney.

The general rule under Illinois law is that any property or asset that was acquired by either spouse during the marriage should be equitably split with the other spouse upon divorce. There are exceptions to this, such as:

  • Inheritance

  • Gifts

  • Property acquired by using pre-marital assets as collateral

If you have a business, it may count as marital property depending on certain factors.

Is My Spouse Entitled to My Business?

There are a few cases in which your spouse may be entitled to part of your business. For example:

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