Recent Blog Posts

Who Should Use Divorce Mediation?

 Posted on October 27, 2023 in Mediation

IL divorce lawyerDivorce 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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Can I Receive Alimony After My Divorce?

 Posted on October 26, 2023 in Spousal Support

IL divorce lawyerWhether 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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When to Contest a Divorce

 Posted on October 23, 2023 in Divorce

IL divorce lawyerMost 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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High Asset Divorce Tips

 Posted on October 18, 2023 in High Asset Divorce

IL divorce lawyerHaving 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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Is My Prenuptial Agreement Valid?

 Posted on October 12, 2023 in Prenuptial Agreement in Illinois

IL divorce lawyerNot 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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How is Debt Divided in an Illinois Divorce?

 Posted on October 05, 2023 in Marital Property

IL divorce lawyerA 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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Strategies for Dividing Complex Assets

 Posted on September 27, 2023 in DuPage County Divorce Attorneys

Wheaton Divorce LawyerSome assets can be split into two equitable parts rather easily. For example, if you and your spouse share a savings account, it is simple for each of you to move a share of the funds into your own separate accounts once it has been established how the money should be divided. Other more complex assets are not so easy to divide. 

For some assets, like a stock portfolio, the difficulty in dividing the asset is in valuing it. For other assets, such as the marital home, the challenge is that the asset literally cannot be divided at all and another strategy must be used. Often, the challenge is that the spouses are unable to agree as to what type of split would be fair. 

An attorney can help you find the ideal strategy for dividing these complex assets. All marital property must be divided equitably in an Illinois divorce. 

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Unique Options for Co-Parenting After Divorce

 Posted on September 21, 2023 in DuPage County Divorce Attorneys

Wheaton Divorce LawyerParents who are getting divorced must create a parenting plan. A parenting plan covers things like when the child will spend time with each parent and which parent has the right to make important decisions about the child’s upbringing. The most common co-parenting arrangement involves each parent having designated parenting time to spend with the child in their individual household. While this tends to work well for many if not most divorced parents, it is not the only option. 

Many parents hesitate to get divorced at all for fear that they will spend far less time with their children. There are several unique and creative strategies for parents who want a different way to co-parent after divorce. These strategies will tend to work best for parents who are able to remain amicable, as they require a higher degree of cooperation between parents. An attorney can help you assess which methods of post-divorce co-parenting are likely to be best for your family. 

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What to Do Before You File for Divorce

 Posted on September 15, 2023 in DuPage County Divorce Attorneys

Wheaton Divorce LawyerFiling for divorce is the first step in the legal process of ending a marriage. This usually means having an attorney draft an initial divorce complaint and submit it to the court. Although doing so starts the official legal process of divorce, it may not be the first step you must take when you make the decision to pursue divorce. In many cases, it is prudent to take a few steps prior to filing in order to ensure that you are as ready as possible. 

No two couples’ divorce journey will look exactly alike. You may need to take steps most sets of spouses would not need to worry about, or you may be able to skip a step many others would normally need to take. If your divorce is amicable, you may not need very extensive preparation. If your divorce is very contentious, more extensive preparation may be prudent. 

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What Is the Purpose of a Prenuptial Agreement?

 Posted on September 15, 2023 in DuPage County Divorce Attorneys

IL family lawyerA prenuptial agreement, or “prenup,” is a legal document signed by a couple before marriage that specifies how assets and other issues will be divided in the event of a divorce. Prenups are helpful to protect the interests of both spouses by outlining certain expectations. You can hire a family law attorney to ensure that your prenup is enforceable and will work to protect you and your best interests. 

What Are the Advantages of a Prenuptial Agreement?

A prenuptial agreement helps partners to talk about their expectations right away. Discussing finances can help couples understand one another's obligations and debts better. Those with high-value assets or business interests will benefit the most from a prenuptial agreement. 

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