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Recent Blog Posts

How Does an Illinois Judge Decide What Is in My Child’s Best Interest?

 Posted on February 28, 2024 in Child Custody

IL family lawyerWhen parents go through a divorce, it is often quite difficult for them to agree on how they should split their parenting time and parental responsibilities, otherwise known as child custody. Some couples manage to come to some sort of agreement if they believe it will be best for their children. Others find that their personal conflicts make it impossible for them to communicate productively and figuring out an arrangement seems too daunting a task. In cases where the parents cannot reach a mutually acceptable agreement on how they will continue to care for their children, it is the court’s job to determine what will be in the child’s best interest. If you have questions about how a court can decide this, a knowledgeable Wheaton, IL child custody lawyer can give you answers.

What Factors Will a Judge Consider?

When trying to figure out what sort of arrangement would best serve the child in a divorce, there are many factors taken into consideration. These include but are not limited to:

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Understanding Dissipation of Assets in an Illinois Divorce

 Posted on February 19, 2024 in Asset Division

IL divorce lawyerAny assets that either spouse brings into the marriage and had before the wedding are generally considered individual assets, and anything obtained during the marriage is generally considered marital assets. When a couple gets a divorce, marital asset division is an important part of the divorce settlement. Unfortunately, sometimes a spouse will purposely misuse, waste, or destroy marital assets just before or during divorce proceedings. This is called dissipation of assets, and if you suspect your spouse is doing this, a Wheaton, IL divorce lawyer can help you navigate the steps you can take to remedy the situation.

When Does Dissipation of Assets Apply?

According to Illinois law, if a spouse diminishes marital assets while the marriage is in the process of breaking down, it is considered dissipation of assets. If a couple has concluded that there is no hope for any reconciliation and their next step will be divorce proceedings, and then one spouse does something that significantly diminishes the money that the couple has, this would likely be considered dissipation of assets. There are several different scenarios that might be included in this category:

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3 Tips for a High Asset Divorce in Illinois

 Posted on February 12, 2024 in Asset Division

IL divorce lawyerWhen a couple gets a divorce, they need to work out all the many ways that their separation will affect their lives. Typical married couples might have things like a shared bank account, home, car, retirement funds, and other assets that they will need to be divided among the spouses. If a couple has considerable wealth, theirs might be what is considered a high-asset divorce. The larger scope of assets being divided can make the entire process more complicated.

While there is no clear definition for the term high-asset divorce, it is commonly agreed that a couple whose assets are valued at a million dollars or more would fit the bill. Sometimes, this happens when one spouse comes from a wealthy background and has a demanding and lucrative career, and the other spouse does not work but instead maintains their household. Other times, both spouses work and earn money and contribute financial assets to the marriage. Either way, thoughts about how divorce can affect your standard of life can be quite stressful.

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Can I Travel With My Child Out of State During Our Illinois Divorce?

 Posted on February 09, 2024 in Divorce

IL divorce lawyerFor some people, going on a trip can be a stressful mix of unnecessary spending, logistics, sleep arrangements, and getting children settled in a new environment just when it is time to return home. For others, travel is an excellent way to unwind, experience new things, and come home rejuvenated. 

If the second category describes you, then a trip might be exactly what you want especially when you are in the midst of a nerve-wracking divorce process. You might want to go on a trip with your child to help you enjoy some quality time together away from the negativity that might characterize the divorce proceedings. 

However, until any parenting arrangements have been finalized in a divorce, there may be questions as to whether or not you are legally permitted to take your child with you on a trip. If you are thinking about booking travel plans for you and your child before your divorce is finalized, a DuPage County, IL divorce lawyer can walk you through the implications and help you decide how to move forward.

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What Is the Difference Between Divorce and Annulment in Illinois?

 Posted on January 30, 2024 in Divorce

Wheaton Divorce LawyerWhenever a couple regrets being married, divorce is a very common option available to them. However, if they can meet certain criteria, annulment can also be a relevant possibility. As it is a less common procedure, people are generally less familiar with what exactly an annulment is. Divorce legally ends a marriage, while annulment legally deems it invalid and therefore not something that needs to be ended. As such, there are specific conditions that need to be met for a marriage to be annulled rather than ended by divorce. If you and your spouse do not want to stay married, a Wheaton, IL, divorce lawyer can explain what is involved in an annulment and help you decide whether this might be the right step for you.

What Are the Criteria for Annulment?

While divorce legally ends a valid marriage, an annulment is how the courts in the State of Illinois declare a marriage invalid. The court can issue a declaration of invalidity of marriage and then it is as if the couple was never truly married to begin with.

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Should I Fight to Keep Our Home in My Illinois Divorce?

 Posted on January 23, 2024 in Asset Division

Wheaton Property Division LawyerA common question that people going through a divorce ask is what they should do with the home they share. Real estate is a significant asset generally worth a lot of money. In addition to financial value, some people put a lot of time and effort into a renovation that turns it into the home they always dreamed of. Other people have a strong emotional attachment to their home, as it is a part of their memories of important stages in their lives. It is easy to see why the question of what to do with a family home in a divorce is no simple matter to answer. If you are going to get divorced and find yourself struggling with the same issue, an experienced Wheaton, IL, property division lawyer can offer you guidance and help you weigh your options.

Why Is This Such a Complicated Issue to Resolve?

Unlike other assets that can be divided based on their monetary value, several factors go into the decision of whether or not you want to keep your home after a divorce. When you think about the home, are your memories of it positive or negative? Did you invest in renovating it? Is it your dream home or just a place where you happen to live?

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Is Legal Separation a Good Option in Illinois?

 Posted on January 16, 2024 in Divorce

DuPage County Legal Separation LawyerFighting is a normal part of marriage. Generally, in a healthy marriage, the spouses can take some time to process their anger, and then figure out together how to move beyond the argument and forgive each other. For some couples, the fighting never ends. People who find themselves constantly fighting at home might want to stop it from happening, and one way to do that is to end the marriage. If you and your spouse are no longer happy in your marriage but you are not yet ready for divorce, a Wheaton, IL divorce lawyer can explain what happens in a legal separation and see if it might be a good option for you.

Why Choose Legal Separation Over Divorce?

Some people have the mistaken idea that legal separation just means one of the spouses moves out. In truth, it is very similar to divorce. Couples who are legally separated remain married but can maintain completely separate lives. Much like divorce, legal separation also requires that the spouses undergo a legal process to figure out how their future finances and parenting will look once they are no longer living together as a married couple.

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My Ex Stopped Paying Child Support. Is There Anything I Can Do?

 Posted on January 08, 2024 in Divorce

 Wheaton child support lawyer When a couple goes through a divorce, the spouses need to reach a settlement that will describe what they will need to do once the marriage is legally over. The settlement will include how any marital property and other assets will be divided, if either spouse will need to make spousal support payments, and what will happen with their retirement funds. If they have children, they will also need to draw up a parenting plan that will detail how they will divide parental rights and parental responsibilities. These agreements serve as an outline for the spouses to follow so that things are not left to doubt. If either ex-spouse fails to fulfill any of their responsibilities, it can have serious consequences for the other spouse. If you are in such a situation, an experienced DuPage County, IL, divorce lawyer can offer you guidance and help you navigate your options.

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Can I Settle My Divorce through Mediation?

 Posted on December 27, 2023 in Adoption

Wheaton divorce lawyerNo two people are the same. We are all raised differently, come from different backgrounds, and have unique personalities. Similarly, no two marriages are the same. And that is why there is no one way to end a marriage that works for everyone. Some people find that they cannot communicate productively with their spouse and will need others to help them reach an agreement. Some people split with their spouse on good terms and can avoid fighting things out in court to reach a settlement. If you are considering divorce and are not sure which path is best for you, a DuPage County, IL, divorce attorney can explain your options and help you figure out how you want to move forward.

How Does Mediation Work?

In most cases, divorce mediation is a fairly straightforward process. The mediator is an unbiased outsider whose primary goal is to help both people leave feeling satisfied with the settlement. As such, both spouses generally think that they were given equal opportunities to voice their opinions and advocate for their interests. The spouses sit in separate rooms, and the mediator moves back and forth between both, asking questions, relaying answers, hearing each person’s concerns and considerations, and suggesting what they believe both spouses would consider reasonable compromises until a settlement is formulated. Just like in all other types of divorce, a settlement reached in mediation needs to include agreements about all the aspects of divorce, including:

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Can I Have an Uncontested Divorce in Illinois?

 Posted on December 19, 2023 in Divorce

DuPage County uncontested divorce lawyerDivorce can be one of the most difficult processes for people to go through. Like any breakup, you can feel heartbroken and sad, but on top of it, you need to go through legal proceedings to painstakingly divide all of the assets you amassed together. If you are parents, you need to draft a plan for how you will both continue raising your children, but separately. You might need to work out arrangements for retirement, health insurance, student loans, and other issues that you would have handled together had you remained married.

However, some divorcing couples are able to end their marriage amicably. Just because the spouses no longer want to stay married doesn’t mean they need to act like enemies and make it impossible to reach agreements with each other. If you and your future ex-spouse can communicate productively, a knowledgeable Dupage County, IL, divorce lawyer can talk to you about whether an uncontested divorce might make sense for your situation.

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