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Recent Blog Posts

A Concerned Parent: Helping Your Child Cope with a Divorce

 Posted on March 16, 2023 in Divorce

wheaton divorce lawyer Divorce can be a difficult and stressful time for all involved, particularly for children who may be struggling to understand and cope with the changes that come with their parents separating. Parents must provide their children with emotional support and guidance during this time. Today, we will discuss some practical ways to help children cope with divorce and how such methods can be best utilized. If you are going through a divorce, make sure to contact a divorce attorney to help make the process as seamless and stress-free as possible.

Consider These Ways to Help Children Cope with this Major Change in their Lives

Here are some ways you may be able to help your children get through this time of trial and tribulation, including:

  • Communication is vital – Open, honest, and frequent communication is crucial in helping children understand the situation and what is happening. Parents should try their best to ensure their children feel comfortable asking questions and expressing their feelings. It is important for parents to actively listen to their children, reassure them, and avoid blaming each other.

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The Impact of Domestic Violence on Illinois Divorce Proceedings

 Posted on March 09, 2023 in Divorce

wheaton divorce lawyer Domestic violence can have a significant impact on divorce proceedings in the state of Illinois. Domestic violence sufferers often face various challenges during divorce proceedings, including fear, trauma, and financial difficulties. Fortunately, Illinois law recognizes the impact of domestic violence on divorce cases and provides legal remedies for the sufferers of abuse, including orders of protection and restraining orders.

Today, we are going to discuss what some of those remedies are. If you are getting a divorce and have been abused or threatened, do not hesitate to contact a divorce attorney with experience working in these kinds of cases. Your attorney will work to ensure you and your children are protected.

Domestic Violence in Illinois Divorce Cases

Illinois is a no-fault divorce state. Neither party must prove fault or blame to obtain a divorce. However, domestic violence can still play a significant role in divorce proceedings. In domestic violence cases, the court will likely consider the abusive behavior when determining child custody, visitation, and more. When domestic violence is present in a marriage, it can make the divorce process more complicated and challenging. Domestic abuse sufferers may feel intimidated, afraid, and powerless, especially when forced to confront their abuser in court.

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Considerations for Same-Sex Divorce in Illinois

 Posted on March 07, 2023 in Divorce

wheaton divorce lawyerIn Illinois, same-sex couples have the same legal rights as opposite-sex couples during a marriage or divorce. However, there are some unique legal considerations that same-sex couples should keep in mind when going through a divorce. Today, we are going to look into what some of those considerations are. If you are in a same-sex marriage and looking to get a divorce, consider contacting an experienced divorce lawyer who will ensure your rights remain protected and that you fully understand your legal options moving forward.

Essential Property Division Considerations for Same-Sex Couples Getting Divorced

One of the main issues that may arise in a same-sex divorce surrounds the division of property. Illinois is an equitable distribution state, meaning the marital property is divided fairly but not equally. This includes any assets or debts acquired during the marriage, regardless of whose name is on the title or account. Furthermore, same-sex couples may have a more complex financial situation due to the lack of federal recognition of their marriage before Illinois state legalization of same-sex marriage in 2013, which then went into effect in the state in 2014, and the nationwide legalization of same-sex marriage in 2015. Since many same-sex couples were cohabiting long-before same-sex marriage became recognized at the state and federal levels, determining what marital property can come with its challenges.

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Understanding How Illinois Treats Inherited Property in a Divorce 

 Posted on March 02, 2023 in Divorce

wheaton divorce lawyer Divorce can be a complicated and emotionally charged process, and property division is often one of the most contentious issues. In Illinois, inherited property is generally considered separate property and not subject to division in a divorce settlement. However, some exceptions to this rule can make things more complicated. Today, we are going to discuss everything you need to know regarding inherited property in Illinois divorce settlements. If you are getting a divorce, it is in your best interest to hire a skillful divorce attorney to help ensure your rights are protected, and a favorable case outcome can be pursued.

Important Considerations for Inherited Property in Illinois Divorce

As stated previously, when a person inherits property, cash, or similar assets, it is usually considered their separate property, which makes it exempt from division during divorce proceedings. However, in certain situations, inherited property may lose its status as separate property and become subject to division.

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Key Steps to Protecting Your Credit During Divorce

 Posted on February 28, 2023 in Divorce

wheaton divorce lawyerUnderstanding the financial implications of a divorce can be a highly daunting task. An area of particular concern may be how your divorce will impact your credit. Unfortunately, debt and the effect of debt on credit scores can be critical components of the divorce settlement. They can have a lasting impact on the financial well-being of both parties. Today, we will discuss what is most important to know regarding how to protect your credit most effectively during divorce proceedings. If you are getting a divorce and have concerns as to how your divorce may impact your credit, contact an experienced divorce attorney to help ensure that your rights remain protected and that you understand your options moving forward.

Essential Steps to Protecting Your Credit During Your Divorce

Here are some essential tips to consider if you want to protect your credit during your divorce. These tips include the following:

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How are QDROs and QILDROs Used to Divide Retirement Assets in a Divorce?

 Posted on February 23, 2023 in Divorce

wheaton divorce lawyerQDROs (Qualified Domestic Relations Orders) and QILDROs (Qualified Income Reduction Orders) are legal orders issued by a court to divide retirement assets between divorcing spouses. Today, we will discuss how these orders may be used in an Illinois divorce case. As always, if you are getting a divorce, consider consulting with a qualified attorney to guide you through the legal process.

What is Most Important to Know About QDROs?

In Illinois, QDRO is a legal order that provides instructions for dividing a qualified retirement plan, such as a 401(k) or pension plan, in a divorce. QDROs are considered beneficial tools in protecting retirement accounts' tax benefits.

When a couple gets divorced in Illinois, any retirement benefits earned by either spouse during the marriage may be considered marital property subject to division. This means that the court may order that a portion of one spouse's retirement benefits be paid to the other spouse as part of the divorce settlement. To divide a qualified retirement plan, a QDRO is typically required to do this. The QDRO must be approved by the court and the administrator of the retirement plan. The QDRO will specify how the retirement benefits are divided between the parties, such as a percentage or a specific dollar amount. To be clear: you do not automatically receive a QDRO. You must request one, and the court must then approve the request.

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Will I Receive a Greater Share of Assets During Divorce if My Spouse Cheated? 

 Posted on February 22, 2023 in Divorce

wheaton divorce lawyerNo one begins their marriage with the expectation that it may one day end in divorce. Unfortunately, however, many marriages end this way. Today, we will discuss Illinois no-fault divorce laws and what that means for those seeking a divorce. We will also discuss how the dissipation of assets can play a role in divorce proceedings. If you are getting a divorce, consider contacting an attorney who will ensure your rights are protected and that a favorable case outcome can be pursued.

What is No-Fault Divorce?

Illinois is one of the many states that has adopted the concept of no-fault divorce. This means that couples seeking to end their marriage in Illinois are not required to prove fault on the part of either party. Instead, the only grounds for divorce in Illinois are irreconcilable differences. Meaning even an issue such as infidelity cannot be brought forth as a reason for getting a divorce. This simplifies the divorce process and reduces the time, expense, and emotional strain of proving fault.

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Professional Practices and Divorce: Protecting Your Rights

 Posted on February 16, 2023 in Divorce

wheaton divorce lawyer Divorce can be challenging for anyone, but for professionals such as doctors and lawyers, there may be additional concerns about protecting their rights and financial interests. For example, in the case of doctors, their high-earning potential and busy work schedule can complicate property division and spousal support. The division of assets may include complex investments, partnerships, or medical practices, which can be challenging to value and divide. Additionally, professionals may struggle to balance the demands of their work with the emotional toll of divorce proceedings.

For lawyers, their knowledge of divorce law can complicate the process, as they may feel pressure to handle their divorce without outside help. Moreover, lawyers may face conflicts of interest if they previously worked with their spouse or their spouse's attorney. The stress of divorce can also take a toll on their work performance and reputation. Today, we will discuss how doctors, lawyers, and other professionals can help protect their rights and financial interests during a divorce. Regardless of your occupation, it is prudent and strongly recommended to hire a knowledgeable divorce attorney to help you navigate the process while maintaining your day-to-day life as a working professional.

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When and How Are Depositions Used in Illinois Divorce Cases? 

 Posted on February 14, 2023 in Divorce

wheaton divorce lawyerDepositions are a discovery tool used in some Illinois divorce cases to gather information and evidence before a trial. A deposition is considered out-of-court testimony where one party can ask another party or witness questions under oath and before a court reporter. The answers are recorded and, in limited circumstances, may be used in court if necessary. Depositions are a valuable tool for both sides of the case, as they allow parties to understand the other side's case better and provide information that would have otherwise been difficult to obtain.

Generally, depositions are used when one party cannot obtain information from the other party through other means. Today, we will discuss what is most important to know regarding divorce depositions in Illinois. If you are getting a divorce, consider contacting an experienced attorney who will fight to protect your rights as you proceed through the process.

What to Know About Divorce Depositions in Illinois

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What is the Role of a Child Custody Evaluator?  

 Posted on February 09, 2023 in Child Custody

wheaton divorce lawyerIn divorce cases involving children, a child custody evaluator may play a critical role in determining the best interests of children involved in custody disputes. They are typically court-appointed professionals with specialized training and experience in child psychology, family dynamics, and relevant laws. A child custody evaluator's main objective is to provide a recommendation to the court regarding what parenting arrangement will serve the child's best interests.

Child custody can be an extremely contentious issue. If you are getting a divorce and are going through a complex or combative child custody dispute, working with an attorney who has dealt with child custody evaluators can make a positive difference in easing your stress and can provide you with guidance as you work through this important process.

What Does the Child Evaluator Do?

The evaluator starts the process by conducting a thorough assessment of the family, including interviews with the parents, children, and other relevant individuals such as extended family members, teachers, and therapists. They will also review relevant documentation such as school and medical records and may observe parenting interactions to gain insight into each parent's relationship with the child.

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