Posted on July 22, 2024 in Asset Division

People who decide to get divorced face many unknowns, particularly when it comes to property division. When two people dissolve their marriage, the law entitles both of them to marital property. Also referred to as marital assets, marital property is anything that was acquired during the marriage. There are some exceptions to this rule, but most possessions gained after the wedding belong to both spouses.

The operative question, then, is how is this marital property divided? Who, for example, gets the family car? This article will discuss that question and the mechanics of property division. Be sure to speak with an Illinois divorce attorney if you have any questions about dividing property in an Illinois divorce.

How Is Property Divided in an Illinois Divorce?

Illinois law is relatively vague about how property should be divided in a divorce. It does, however, tell us the following:

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 Posted on July 14, 2024 in Divorce

Divorce can not only be emotionally taxing, but it can also drain your finances. Legal fees, alimony, child support, and property division all can affect your economic situation. However, dissolving your marriage does not need to break the bank. There are strategies that you can use to ease the financial burden that many people experience in divorce. 

This article will discuss three ways to lower the cost of your divorce. Consult an Illinois divorce attorney about other ways you can keep your economic future as secure as possible.

Stay Out of Court

One of the best ways to avoid wrecking the bank is to avoid a court battle, also known as litigation. Legal fees for court appearances alone can cost you tens of thousands of dollars, which is particularly high considering litigation is often not necessary. Most divorcing couples are able to reach settlements through alternative dispute resolution.

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 Posted on July 06, 2024 in Divorce

Divorce sometimes reveals an imbalance between two spouses. One spouse, for example, might be a stay-at-home parent who is unemployed, while the other may be a high-powered executive. A court, therefore, may order the party who is better off financially to pay spousal support, or alimony, to the unemployed parent. 

However, a divorce can sometimes drag on for a long time. Some divorces carry on for a year or more. During this time, an unemployed spouse may need financial assistance until the judge issues the final court order requiring the working spouse to pay alimony. In such a case, the unemployed spouse’s Illinois divorce attorney may ask the court to sign a temporary relief order.

What Is a Temporary Relief Order?

As the name suggests, a temporary relief order is a legally binding decree that grants temporary financial relief to one of the parties during the divorce process. This relief can be in many forms. In the scenario above, the order would instruct the party with financial means to support the spouse with none.

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 Posted on June 29, 2024 in Child Custody

Divorce can be devastating for children. Research shows that kids whose parents get divorced are more likely to develop anxiety, behavioral issues, or learning challenges than others. They can become withdrawn and have problems developing healthy relationships.

It is common for a child’s relationship with his or her parents to also be impacted. Children sometimes blame their parents for the marriage ending. In some cases, children blame themselves.

On top of that, life after divorce takes a lot of adjustment, especially for children:

• The child no longer comes home to mom and dad at the end of the day; now it is one or the other. 

• Each parent lives in a different house, in a different environment, and sometimes with different rules. 

• Parents now split parenting time, or physical custody, according to the parenting plan drafted by your Illinois divorce attorney.

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 Posted on June 20, 2024 in Asset Division

When 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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 Posted on June 16, 2024 in Spousal Maintenance

For 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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 Posted on June 06, 2024 in Divorce

Getting 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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 Posted on May 28, 2024 in Divorce

Sexual 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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 Posted on May 21, 2024 in Divorce

There 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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 Posted on May 16, 2024 in Divorce

In 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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