Posted on September 20, 2016 in Divorce

If you are going through a divorce, or are considering initiating divorce proceedings in Illinois, you may have questions about separation and moving out, and how these choices can affect your rights during and after the divorce. One of our experienced divorce and family law attorneys in DuPage County can speak with you regarding your particular situation and help you make a plan with which you feel comfortable.

The Abandonment Myth

Many people mistakenly believe that moving out of the shared residence during divorce proceedings can cause one spouse to forfeit their rights regarding the home. Fortunately, this is not the case.

The court is concerned about dividing assets fairly, and requiring one spouse to give up their rights simply because they did not wish to remain in the shared home during the divorce would not serve justice. You do not give up your rights to fair division of marital assets simply because you wish to set up residence separate from your soon-to-be former spouse.

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 Posted on September 15, 2016 in Divorce

Family law matters can be complicated, especially when one or both spouses are military service members, whether active duty, reserve, or retired. If you or your spouse is a current or former military member, it is important to work with an experienced family law attorney in Illinois who handles military divorces and is familiar with all the ways a service member's career can impact the divorce process.

Factors That May Affect a Military Divorce Proceeding

Due to the extremely stressful situations military families must face, many military marriages deteriorate over time. Our compassionate family law attorneys in DuPage County understand that along with the sacrifices your family has made in service to our country often comes marital strain as the result of prolonged deployment, post-traumatic stress disorder, feelings of depression and isolation, and difficulty readjusting to home life following deployment. These issues can even lead to substance abuse, domestic violence. and infidelity.

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 Posted on September 13, 2016 in Child Custody

Interfaith marriages are increasingly common in the U.S. and in Illinois. As more people enter into interfaith relationships and marriages, the number of interfaith divorces and custody disputes also increases.

Religious disputes are also common between former spouses who belong to different denominations of the same religion, or between divorcing parents who have different levels of involvement with their faiths, whether they practice the same religion or not. In some cases, religious differences may even have been a factor for couples deciding whether to move forward with divorce proceedings.

If you are involved in a divorce or custody dispute and anticipate that religion may become a hot-button issue in your divorce, one of our experienced family law attorneys can help you prepare to address these difficult matters in court, mediation, or negotiation with your child's other parent.

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 Posted on September 08, 2016 in Alimony/Spousal Support

If you are considering a divorce or are already going through divorce proceedings, you may be curious as to how spousal support, sometimes called maintenance or alimony, is determined by the court. There are several factors that are considered when spousal support is established, but no single factor is determinative. Rather, the court looks at the whole picture when deciding whether spousal support is appropriate, and if so, to what degree.

Your divorce attorney in Wheaton who handles spousal support requests and modifications can help you as you consider what type of support, if any, you believe your spouse should provide, given the specific circumstances.

What Factors Do the Courts Consider When Deciding Spousal Support in Illinois?

The relevant factors the court will consider when deciding matters related to spousal support or alimony include:

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 Posted on September 06, 2016 in Divorce

High net-worth divorces are much more complex proceedings than those involving couples of more modest means. If you have substantial individual or marital assets and are considering or entering into divorce proceedings, it is imperative that you select an Illinois divorce attorney who has experience handling high-asset and complex divorces, as opposed to solely standard family law practice. Not all family law attorneys are well-versed in the financial complexities and nuances relevant to high-value asset divorces. Our high-net worth divorce attorneys have both the financial and legal know-how to navigate the intricacies of equitable asset division for couples with sizeable wealth.

What Makes High-Asset Divorces Unique?

The obvious reason that high-asset divorces are unique is that they involve more property division decisions. Some of the issues that often come into play in complex divorce cases include:

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 Posted on August 30, 2016 in Post-Judgment Modification & Enforcement

When a divorce is finalized, the parties are typically relieved to know that the disputes have been resolved, at least legally, and that they have a final order on which to rely when making decisions about issues such as parenting time, spousal and child support. The parties generally feel some measure of closure as divorce proceedings wrap up, even when they did not get everything they sought or had to make some compromises along the way. However, it is possible to modify a decree in Illinois. As such, if you are seeking to modify the terms of your divorce decree, an experienced family law attorney can help you navigate the process.

Disparate Circumstances Can Lead to Conflict Over Divorce Terms

A divorce is meant to be final. The truth is, however, that people's circumstances do sometimes change, and the terms of a divorce decree may no longer be fair and just, given the change in one party's financial standing, for instance. Unfortunately, conflict typically stems from the parties' disparate positions. While one party has experienced a life change of one sort or another and feels the divorce terms are no longer suitable, the other party often resists any changes to the divorce decree and clings to the feeling of finality and closure it brought at that time.

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 Posted on August 25, 2016 in Mediation

Many Illinois couples choose to utilize the mediation process to come to an agreement during divorce proceedings. In some cases, the court may actually mandate that a couple spends time with a neutral mediator before asking the court to ultimately decide the terms of a divorce. No matter the reason for choosing mediation, there are many benefits, though mediation is not appropriate under all circumstances.

Your divorce attorney in the Wheaton area can help you weigh your options when deciding how best to proceed with your divorce dispute resolution.

Mediation Advantages

There are numerous advantages to selecting mediation as a form of alternative dispute resolution, including:

• Time and cost-effectiveness - Mediation is typically faster and less expensive than the drawn-out court proceedings;
• Tailored to your needs - Parties have a hand in creating the agreement;

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 Posted on August 23, 2016 in Post-Judgment Modification & Enforcement

If you have a divorce decree, parenting plan agreement, or spousal or child support order in place, it can be incredibly frustrating – even infuriating – when your former spouse or partner does not live up to his or her part in the agreement or court order. Fortunately, an experienced family law attorney in Illinois can help you seek compliance from your ex.

When Your Ex Refuses to Comply or Cooperate with a Court Order

The entire purpose of going through the initial settlement or litigation process was to obtain an official arrangement so that all parties can move forward. Yet, when one spouse or partner refuses to comply, it can make all the previous time and expense spent finalizing the divorce or parenting plan seem wasted. This, however, is not the case.

Court Orders Are Enforceable

Once a divorce or child custody (parental responsibilities) case is finalized, the order is legally enforceable and a party seeking to change or modify the order must go through the court. Neither party can simply just decide to change their obligation without court approval - even if there is a very good reason.

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 Posted on August 18, 2016 in Finances and Divorce

Divorces can be complicated, and when you believe your spouse is hiding high-value assets to prevent the court from seeing the whole picture in terms of your family's finances, the proceedings can get that much more complex. Hidden assets can directly affect the outcome of your divorce and must be addressed immediately.

If you have reason to suspect your spouse of hiding assets from the court, it is a good idea to consult with an experienced family law attorney right away. Your Wheaton family law attorney will have experience locating hidden assets, persuading spouses to be more forthright with the court, and holding difficult or dishonest spouses accountable for hiding information necessary to gauge how the marital assets should be divided.

What Is a Hidden Asset under Illinois Law?

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 Posted on August 16, 2016 in Collaborative Law

Illinois allows spouses going through a divorce to utilize a system called collaborative law, rather than the adversarial judicial process. If you are interested in learning more about whether a collaborative divorce is right for you, consult an experienced family law attorney in Illinois.

What Is the Collaborative Divorce Process?

Instead of going to trial and having a judge decide the matters that you and your spouse may not be able to resolve alone, the collaborative law process allows you to make the decisions about your divorce together, with the help of your attorneys. A collaborative divorce may also include other professionals such as therapists, financial advisors, or child psychologists.

Everyone involved in the collaborative process illustrates his or her commitment to the method by signing an agreement at the onset. If parties are unable to reach an agreement, the attorneys must bow out, and the parties will need to choose alternate counsel to pursue a trial. This gives incentive for both spouses and attorneys involved to truly try their best at collaboration.

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