Posted on November 25, 2023 in Divorce Procedure

If you have experienced a substantial change in circumstances since your divorce decree was issued, you might be able to have your divorce decree modified. Illinois law recognizes that the terms of a divorce decree can become impractical or impossible to follow when one party has gone through a significant life change. A simple example is that a divorced person who has lost their job might no longer have the ability to pay spousal support. In this example, the court would likely be willing to modify the divorce decree to cancel spousal support payments.  Parenting plans established during a divorce may also be altered if a significant change suggests that a modification is in the child’s best interest, such as if the child or a parent becomes disabled. If you feel that your divorce decree is no longer working because your circumstances have changed, you should contact an attorney to discuss pursuing a modification. 

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 Posted on November 16, 2023 in Child Custody

Custody exchanges are often the only time spouses who are getting divorced or who have already divorced will see each other outside of a courtroom or mediation center. Courts and mediation centers can lead the conversation so both parties stay focused on resolving their divorce or child custody case. During custody handoffs, there is usually not anyone present to be “in charge” of the situation. The parents must cooperate to keep custody handoffs smooth and civil on their own. This can be difficult, especially for those going through a high-conflict divorce. Your attorney can help you come up with an individualized plan to help your custody exchanges go well. 

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 Posted on November 09, 2023 in DuPage County Divorce Attorneys

In uncontested divorce, spouses have a lot of freedom in how they divide their marital assets. Collaborative divorce has become far more popular than a contested divorce. It is easy to see why. When you go to court, it is largely up to a judge how they divide your marital assets, so long as they comply with Illinois law. When you and your spouse go to mediation or begin negotiating, you retain much more control over the final outcome. Alternative dispute resolution is also private, whereas contested divorce is not. Finally, deciding how to divide your property together is usually much less expensive and time-consuming than going through a battle in the courtroom. However, it can still be difficult for spouses to work together to come up with a fair way to divide their marital property. There are a number of strategies spouses can use during collaborative divorce. Even in out-of-court divorce, you should be represented by a family law attorney who can advocate for you during the process. 

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 Posted on November 03, 2023 in Division of Assets

Trust is essential in a marriage. If you suspect that your spouse is hiding assets, it is fairly clear that there is little trust remaining in your marriage. If you are also contemplating divorce, it is important to know whether your spouse has assets you do not know about but may have a claim to. It is fairly common for people who suspect that their spouse is going to leave them to begin concealing money or other valuable property in the hopes that they will be able to keep it all in the divorce. Illinois law requires all marital property to be divided equitably between spouses and considers almost all property acquired after marriage to be marital property. If you suspect that you do not know about all of your marital assets, your divorce attorney may be able to take steps like bringing in a forensic accountant to reveal any hidden money or property. 

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 Posted on October 27, 2023 in Mediation

Divorce mediation is now a very popular option for people of all ages and income levels who are getting divorced. In Illinois, spouses who are able to agree on each issue in their divorce can often get divorced fairly quickly. Courts will nearly always accept agreements between the spouses and use these terms in the divorce decree. Mediation is also done in private as opposed to contested divorce, which is carried out in open court. It is also generally far more cost-effective than going to court. This can make divorce mediation a very attractive option for a lot of couples. It tends to work particularly well for amicable spouses but can work for those who are fighting as well. However, mediation is not for every set of spouses. Your DuPage County divorce attorney can help you decide whether trying divorce mediation first makes sense in your case. 

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 Posted on October 26, 2023 in Spousal Support

Whether you can be awarded alimony in your Illinois divorce depends on the length of your marriage, the marital income, and other factors Illinois spousal maintenance law considers important. The judge will likely take your ability to earn a living into consideration as well. If you were married and a homemaker for a long time, you likely have a very strong case for needing alimony. It can be extremely difficult to re-enter the workforce after years of being a full-time parent or devoting yourself to running the household. Courts generally do not want to see anyone left in a position where they cannot afford to meet their basic needs after a divorce. If you believe that you will need alimony after your divorce, it is important to work with an experienced attorney who can identify the best arguments in your favor. 

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 Posted on October 23, 2023 in Divorce

Most divorces today are settled out of court. A majority of spouses are able to reach an agreement about each issue in their divorce by going to mediation or having their attorneys negotiate. When spouses can agree on each issue, they may file an uncontested divorce. Unfortunately, not every couple can resolve their divorce by agreement. In these cases, the spouses will need to go to court and argue their cases before a judge. The judge will then make a decision about each issue in the divorce, such as who should keep what marital property and what the parenting plan should look like. This is called a contested divorce, and it can be quite challenging. If you suspect that you will need to contest your divorce, it is important to be represented by an aggressive attorney. 

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 Posted on October 18, 2023 in High Asset Divorce

Having a high marital net worth can be wonderful. Spouses who have less financial stress often do better. However, it takes much more than good financial health to make a marriage work. People with high net worth can and do get divorced frequently. Having a large amount of valuable assets to divide is often a factor in complex divorce. The more assets you have, and the harder to divide those assets are, the more complicated your divorce is likely to be. Many couples who have managed their finances strategically have property like stock holdings, real estate investment properties, and retirement savings. Some even built up their net worth through a professional practice or a family business. If you and your spouse share complex or valuable assets, it is important to involve an attorney who is experienced with these legally challenging divorces. 

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 Posted on October 12, 2023 in Prenuptial Agreement in Illinois

Not all prenuptial agreements are enforceable exactly as they are written. Some prenuptial agreements might not be enforceable at all. If you are getting divorced soon and you signed a premarital or postmarital agreement, you might be wondering how this contract will affect your divorce. While most agreements a couple chooses to include in their prenuptial contract will be enforced, there are some agreements that are not legal. If a certain term in your contract violates Illinois law or public policy, that term might be disregarded. In other cases, the entire enforcement is invalid because one party was coerced or forced into signing. If you have questions about whether your prenuptial agreement will be used in your divorce, it is important to consult an attorney before filing. 

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 Posted on October 05, 2023 in Marital Property

A couple’s debt must be divided fairly during divorce, but fair does not mean 50/50 in all cases. Debt is a fact of life for a rather large portion of Americans. Few people can honestly say that they are entirely debt-free. Most people have a car payment, a student loan, a mortgage, or credit cards they have needed to make ends meet. When a marriage ends, the marital debt must be divided just like the marital assets. There is a lot that goes into determining which spouse is responsible for which debt. Even if a credit card or loan is only in one spouse’s name, it could be considered marital debt depending on the circumstances. As dividing debt in an Illinois divorce can be highly complicated, it is very important that you speak to a qualified Illinois divorce attorney. An attorney can help you understand how your debt may be divided based on your personal situation. 

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