Recent Blog Posts
How Will Our Debts Be Divided During Divorce?
Divorce can feel like untangling a knot of shared responsibilities, emotions, and financial obligations. While dividing property often takes the primary focus, deciding who will take on marital debts can be just as important, and just as stressful. Credit cards, car loans, and even student loans all need to be addressed. If you are facing divorce, understanding how Illinois handles debt division can give you clarity and help you plan for the future. Partnering with an Illinois divorce lawyer can protect your financial interests during every step of the process.
What Is Considered Marital Debt?
In Illinois, marital debt includes any debt incurred by either spouse during the marriage. This can include, but is not limited to, credit card balances, mortgages, car loans, student loans, and medical bills.
Can I Get Spousal Maintenance as a Stay-at-Home Parent?
Divorce can bring many financial hurdles, especially if you are a stay-at-home parent who relies on your spouse's income. Spousal maintenance, or alimony, may help ease the transition by providing financial assistance. But how do courts determine eligibility, and what steps can you take to secure spousal maintenance? If you are a stay-at-home parent dealing with a divorce, a knowledgeable Illinois family law attorney can guide you through the process and advocate for your rights.
What Is Spousal Maintenance and Why Is It Important for Stay-at-Home Parents?
Commonly referred to as alimony, spousal maintenance is a court-ordered payment that one spouse provides to the other during or after a divorce to help balance financial differences. It allows the lower-earning spouse to maintain financial stability, particularly if they sacrificed career opportunities to raise children or manage the household. Stay-at-home parents may need to rely on spousal maintenance as they work toward becoming self-sufficient.
When Is a Guardian ad Litem Necessary?
In family law cases that involve children, a Guardian ad Litem (GAL) can play a critical role in protecting a child’s best interests. But when might the court appoint one, and how do you know if your case needs a GAL? Whether you are in a high-conflict custody battle or dealing with allegations of abuse, understanding the purpose of a GAL can help you navigate the family court process. An Illinois family law attorney can advise you about whether a GAL could be beneficial for your case.
What Is a Guardian ad Litem?
A Guardian ad Litem is a neutral party, often an attorney, who is appointed by the court to represent a child’s best interests during legal proceedings. Unlike a legal guardian, a GAL does not take custody of the child, but rather examines the situation to determine what arrangements will serve the child’s well-being and reports his or her findings to the court.
Can Child Support Payments Be Adjusted After a Divorce?
Child support payments play a vital role in sustaining a child’s well-being after parents separate or divorce. But life is unpredictable; jobs change, expenses fluctuate, and children’s needs evolve. When this happens, many parents may wonder whether child support payments can be adjusted. Navigating this process can be complex, so it is essential to consult with a lawyer. A knowledgeable Illinois family law attorney can help you pursue a fair outcome that aligns with your current situation.
What Are the Grounds for Modifying Child Support Payments?
In Illinois, child support payments can be adjusted if there is a substantial change in circumstances. Common reasons include:
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A significant income change: A job loss, pay cut, or considerable increase in earnings can justify a modification.
Should You Date During a Divorce?
Divorce can be both an emotionally and legally draining process. For some, the idea of starting a new relationship during this time might feel like a step forward. However, dating during a divorce can have significant consequences that may impact your case and well-being.
In Illinois, dating before your divorce is finalized can present certain risks within the legal framework of the family court system. If you have questions about dating while going through a divorce, an Illinois family law attorney can help you understand potential complications and help protect your interests.
What Are the Legal Implications of Dating During a Divorce?
Dating while your divorce is pending can have legal consequences. While it is not illegal in Illinois during a divorce, it is essential to understand how your actions might influence the legal process and key issues such as:
What Happens to Inherited Property in an Illinois Divorce?
One of the many challenges of a divorce regards how your assets will be divided. If you have inherited property, you might wonder how it will be treated during the divorce process. To protect what is rightfully yours, it is vital to conduct careful planning and have a clear understanding of the law. An Illinois divorce attorney can help you protect your inheritance and navigate the intricacies of asset division.
Is Inherited Property Considered Separate or Marital Property?
Under Illinois law, inherited property is generally classified as separate property. This means it will not be divided during a divorce. However, for the inheritance to maintain its status as separate property, it must remain separate from marital assets. Mixing, or commingling, inherited property with marital property can cause it to lose its classification as separate property.
How Does Paternity Affect Child Custody in Illinois?
Understanding how paternity influences child custody disputes is essential for parents navigating the complexities of Illinois family law. Paternity does more than confirm a biological connection—it establishes a legal bond that influences decisions regarding custody, visitation, and child support.
For fathers, proving paternity can establish parental rights and the ability to play a meaningful role in a child’s life. For mothers, it ensures a pathway to support and helps secure the child’s relationship with both parents. With the guidance of an experienced Illinois family law attorney, parents can protect their rights and prioritize their child’s best interests.
What Is Paternity and Why Is It Important in Custody Cases?
Paternity is the legal recognition of a man as a child’s father. Without legal paternity, a father may not have rights to custody or visitation, and the mother may not have the ability to seek child support. In Illinois, this can be established in several ways:
Can Courts Order College Payments After Divorce in Illinois?
Divorce typically brings a range of financial and legal considerations, particularly when children are involved. One significant question many divorced parents face is whether courts can require them to contribute to their child’s college expenses. This issue can be both financially and emotionally challenging, especially for families who are adjusting to life post-divorce.
Disagreements over public versus private schools or how expenses will be divided can complicate matters, making it essential to seek legal guidance. An experienced Illinois family law attorney can help you make informed decisions about your child’s education while also protecting your financial stability.
What Does Illinois Law Say About College Tuition After Divorce?
State law allows courts to order parents to contribute to their child's college expenses under certain circumstances. Unlike child support, which normally ends when a child turns 18 or graduates from high school, this provision explicitly addresses post-high school education.
Does Retirement Affect Spousal Maintenance?
Retirement often brings significant life changes, including new opportunities for relaxation and a slower pace of life. However, this time also comes with financial adjustments. For those paying or receiving spousal maintenance, it raises many pressing questions. What happens to the payments when your income shrinks? Does retirement justify a reduction in obligations? To gain a better understanding of your legal options and responsibilities, it is important to consult with a DuPage County, IL family law attorney.
What Happens to Spousal Maintenance When You Retire?
Retirement typically results in a lower income, whether it is due to transitioning to Social Security benefits, using retirement savings, or relying on pensions. This change can impact spousal maintenance obligations, as courts examine your income levels when determining payments. These orders are not automatically adjusted when you retire, so you may need to take legal action to modify your payment terms.
Resolving High-Asset Divorces: Mediation or Litigation?
Divorce is rarely an easy process, but high-asset cases bring additional layers of complexity. Couples with significant wealth often have to navigate dividing business interests, multiple real estate holdings, or intricate financial portfolios. The way these issues are resolved can profoundly impact both parties’ financial futures.
Two common divorce resolution strategies for high-asset cases are mediation and litigation. Each has advantages and drawbacks, and the right choice depends on the couple's unique circumstances. A DuPage County, IL divorce lawyer can help you determine whether a collaborative resolution through mediation or going to trial is the best legal strategy for your case.
When Does Mediation Work Best?
In mediation, divorcing spouses work with a neutral third party, known as a mediator, to resolve disputes and reach a mutually acceptable agreement. Mediation can be useful in high-asset divorces because it can provide:
