Posted on April 18, 2024 in Divorce

You can get divorced while your spouse is incarcerated. In fact, it is quite common for people to file for divorce after their spouse has been arrested. This is very common in domestic violence and child abuse or endangerment cases. If you have experienced spousal abuse or if your spouse is a danger to your children, it may be best to initiate divorce proceedings while your spouse is still incarcerated. While your spouse is locked up, he cannot hurt you or your children, nor can he dispose of marital property that has not been allocated to him. If you are divorcing someone who is currently housed in a correctional facility, it is important to be represented by an experienced DuPage County, IL divorce lawyer. Certain steps, like serving the inmate with divorce papers might be more complicated.

Is Uncontested Divorce Still an Option if My Spouse is Incarcerated? 

Yes, you can get an uncontested divorce if your spouse is in jail. Since inmates normally cannot appear in civil court while they are in jail, getting an uncontested divorce may be a good option. While you likely cannot - and perhaps should not - communicate directly with your spouse during negotiations, your attorney can facilitate settlement talks. The process may take a bit longer, as communication will be limited.

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 Posted on April 12, 2024 in Divorce

Being married to a narcissist can be impossible. Narcissists are rarely capable of having a healthy marriage, as they tend to see their spouses - and everyone else - as beneath them. People with Narcissistic Personality Disorder may not be good and caring parents either. They are often so focused on protecting their images that they discount their children’s needs and preferences in an effort to project a picture of the perfect family. Divorcing a narcissist can be just as difficult as being married to one. Your divorce may be more complex than most. However, having an excellent DuPage County, IL divorce attorney on your side can make a tremendous difference in both the outcome of your case and the ease of the divorce process.

Tips for Getting Divorced When Your Spouse is a Narcissist 

In all likelihood, you did not know you were marrying a narcissist when you said, “I do.” Narcissists can be incredibly skilled at masking their true tendencies until they feel that their partner is “trapped.” Tips for divorcing a narcissist include:

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 Posted on April 08, 2024 in Division of Assets

Establishing two separate households - one for each former spouse - can be one of the more costly and inconvenient aspects of divorce. Whether you and your spouse own your home or rent an apartment, it is likely that one of you will remain in the marital home and one of you will need to move out and find a new residence. However, there are other options if this proves impractical or is simply not your preference. In Illinois, all marital property is to be divided in a fair and equitable manner. Whether you own the property or have an ownership interest in your tenancy agreement, the place where you and your spouse lived together will likely be subject to equitable division. A DuPage County, IL divorce lawyer can help you understand what the possible outcomes may include. 

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 Posted on April 03, 2024 in Child Custody

As a parent, you may be wondering how your child’s wishes may factor into your parenting plan. One of the factors Illinois courts will consider when determining what custody arrangement is in the best interest of your child is his or her own wishes. The older and more mature your child is, the more his or her input is likely to matter. An older child’s reasonable wishes may carry substantial weight. However, judges are also aware that children who are younger or less mature are likely to have opinions that go against their own best interests. A Wheaton, IL child custody attorney can help you determine how your child’s expressed wishes may influence the outcome of your child custody case.

How Important Are My Child’s Wishes? 

If your child is young, immature, or has wishes that clearly are not in his or her best interests, your child’s opinions are not likely to carry much weight. However, if your child is older, more mature, and capable of making reasonable decisions about his or her own life, the court may give your child’s wishes greater weight. Some things the court may consider when deciding how heavily to weigh your child’s interests include:

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 Posted on March 29, 2024 in Asset Valuation

An investment account can be challenging to divide during a divorce. When you and your spouse own numerous stocks in an investment account, dividing them equitably can be mathematically and practically challenging. There is likely to be some risk involved if you retain ownership of some stocks but not others. Your shares could appreciate while your spouse’s depreciate, or vice versa. Or, you could miss out on appreciating stocks by selling them and dividing the value. It is important to work closely with a DuPage County, IL high-asset divorce attorney who is knowledgeable in investment finances while you are dividing an investment account during your divorce.

Methods for Equitably Dividing an Investment Account

Risk management is always a priority when you and your spouse are determining how to divide your investment accounts during the divorce process. You will likely have multiple options, including:

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 Posted on March 25, 2024 in Divorce

Gray divorce has gone from quite rare to very normal. Older spouses grow apart just as younger spouses do, sometimes even more so after a very long marriage. Many people undergoing gray divorce also got married later in life and have found that starting a new marriage as an older adult is complicated. Gray divorce is increasingly accepted. Long marriages are not necessarily good marriages. Some couples who divorce at an older age have been unhappy for some time and only recently came to accept divorce as a realistic option for them. Often, older spouses are better able to cooperate during the process and may enjoy a more amicable divorce. If you are getting divorced after the age of 50, it is important to be represented by a qualified Wheaton, IL gray divorce attorney.

Why Older Adults Increasingly Choose Divorce 

A few of the numerous reasons that adults over 50 decide to end their marriages include:

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 Posted on March 20, 2024 in High Asset Divorce

High-asset divorce may take longer than most other divorces in Illinois. The process of accounting for and equitably dividing your assets can take time and require the skill of an experienced DuPage County, IL high-asset divorce lawyer. You and your spouse likely have complex shared assets like investment accounts, stock holdings, or ownership interest in a corporation. These assets can be difficult to divide equitably due to their fluctuating or uncertain value. It is important to find skilled representation from an attorney who regularly takes on high-asset complex divorce cases. This is especially critical if you suspect that your divorce will need to be tried in court. 

Plan for Litigation 

High-asset divorces are more likely to be litigated because there is more at stake. Your divorce is even more likely to be litigated if you or your spouse will demand alimony or if you are deeply in conflict with one another. Your attorney will likely want to begin gathering the evidence you will need immediately. 

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 Posted on March 14, 2024 in Divorce

One spouse having an affair is a common cause of divorce nationwide. Finding out that your spouse has been seeing another person romantically or sexually can make you feel betrayed and heartbroken. Adultery is an insurmountable hurdle for many marriages, and courts will nearly always consider not wanting to reconcile with an unfaithful spouse grounds for divorce. Because Illinois is a no-fault divorce state, even if it is fairly clear who is at fault in causing the irreconcilable differences, your spouse’s adultery may not have the impact you would hope. However, there are some ways that your spouse’s infidelity might have an impact on your divorce, particularly when it comes to asset division and, in some cases, child custody. A Wheaton, IL, divorce lawyer can help you understand what effect your spouse’s affair might have on your proceedings.

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 Posted on March 06, 2024 in Postnuptial Agreements

If you are already married, especially if you have been married for quite a while, bringing up the idea of getting a postnuptial agreement with your spouse might seem difficult. However, if you did not get a prenuptial agreement before the marriage, putting a contract in place now might be a good idea for several reasons. This type of contract can protect you should you later divorce, and some spouses will wisely demand one as a condition of remaining married after marital misconduct has occurred. Many marriage counselors also recommend putting a postnuptial agreement in writing in some circumstances, as it can give both spouses peace of mind. Sitting down together with your Wheaton, IL, postnuptial agreement lawyers and working out a contract can also be an excellent exercise in compromise and cooperation.

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 Posted on March 04, 2024 in Divorce

If you are already legally separated from your spouse, you may - or may not - have a far easier time getting divorced than most people. You already have certain financial agreements in place. You have been co-parenting while living apart. This may mean that you can fairly easily make the terms of your separation permanent by writing them into a divorce agreement. However, in some cases, separated spouses do undergo high-conflict divorces. This is common when one spouse has assumed the separation was temporary and that you would ultimately reconcile. Filing for divorce can cause one spouse to finally realize that the relationship is truly over, and they may not take this news well. If you are planning to get divorced after being legally separated, it is important to consult a well-qualified DuPage County, IL divorce lawyer.

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