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Recent Blog Posts

The Legal Process of a Name Change After Divorce in Illinois 

 Posted on March 17, 2024 in Divorce

Wheaton, IL divorce lawyerIn the state of Illinois, changing your name after a divorce is a common and often important step in the process of moving on and starting a new chapter in your life. Understanding the legal process involved in changing your name can help make the transition smoother and less stressful. For any questions you may have, discuss them with your attorney. He or she will have helped clients in the past change their name after a divorce and can walk you through the process to help you get it taken care of as quickly as possible. Here is a guide to help you navigate the legal process of a name change after an Illinois divorce.

Changing Your Name After an Illinois Divorce

First and foremost, it is important to note that changing your name after a divorce is not mandatory. It is a personal choice and should be made only if you feel it is necessary for your well-being and identity. If you decide to change your name, the first step is to include a request for a name change in your divorce petition or agreement. This will ensure that the court is aware of your intention to change your name and can include it in your final divorce decree.

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Pros and Cons of Divorce Litigation in Illinois 

 Posted on March 13, 2024 in Divorce

Wheaton, IL divorce lawyer

Divorce is a very significant life event that can be filled with complexities and challenges, especially when it comes to navigating the process of litigation. In Illinois, divorce litigation offers a formalized way to resolve serious disputes related to the dissolution of marriage. Still, it also comes with its own set of advantages and disadvantages that you should consider before proceeding. Knowing the advantages and disadvantages of divorce litigation is very much in your interest. Regardless of what you decide, obtaining high-quality legal guidance in the form of an attorney is among the most critical aspects of the divorce process.

Pros of Divorce Litigation in Illinois 

  • Legal protection – Divorce litigation in Illinois provides a structured legal framework that ensures both parties are treated fairly and their rights are upheld under the law. This legal protection can be crucial in safeguarding your interests during the divorce process.

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Gender Differences in a Divorce in Illinois

 Posted on March 11, 2024 in Alimony

Wheaton, IL divorce lawyerDivorce affects everyone differently. No two individuals are the same, yet broadly speaking, in some ways divorce affects people differently based on their gender. Various legal and societal factors can work together to influence how men and women experience divorce. Understanding these differences can help people navigate the Illinois divorce process effectively.

Legal Considerations for Men and Women in Divorce 

  • Child custody – Historically, mothers have been more likely to be awarded primary custody of children in divorce cases. However, Illinois family law emphasizes the best interests of the child, regardless of gender, when determining custody arrangements.

  • Spousal support – Women have traditionally been more likely to receive spousal support following a divorce, especially if they were stay-at-home mothers during the marriage or otherwise had lower earning potential. That being said, Illinois courts consider factors such as each spouse’s financial need and earning capacity when awarding spousal support.

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Take These Three Steps After a Divorce in Illinois

 Posted on March 05, 2024 in Divorce

 Wheaton, IL divorce lawyerThe divorce process can sometimes feel like it will never end. But you can rest assured that, no matter how difficult your divorce is, the process will eventually end and it will be time to move on. But what comes after an Illinois divorce? Even after the divorce is finalized, important steps still need to be taken to ensure a smooth transition into this new chapter of your life. Speak with your attorney to ensure you set yourself up for success post-divorce.

Update Estate Planning and Other Legal Documents

After a divorce, it is essential to update all your legal documents to reflect your new marital status. This includes updating estate planning documents such as your will, trust, power of attorney, and any other legal documents that may list your former spouse as a beneficiary or decision-marker. Failure to update these documents can result in unintended negative consequences that may not align with your current wishes - for example, you certainly do not want to leave your ex spouse an inheritance if you unexpectedly pass away.

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Getting Divorced During Tax Season in Illinois 

 Posted on February 29, 2024 in Divorce

Wheaton, IL divorce lawyerAs tax season approaches, many couples may find themselves facing the difficult reality of getting divorced. In Illinois, navigating the intersection of divorce and taxes can be complex and overwhelming. Understanding the implications and considerations involved can help individuals make informed decisions during this challenging time. If you seek guidance in navigating tax season when going through a divorce, contact a knowledgeable lawyer to lead you through the process to ensure you can protect your rights and look out for your best interests. 

Should I File Separately if I Am Getting Divorced? 

One important aspect to consider when getting divorced during tax season in Illinois is the filing status. The IRS considers a couple married for the entire tax year if they were still legally married on December 31st. Once the new year begins, the IRS will still consider you legally married and thus allow you to file a joint return for the previous year. However, if the divorce is finalized before the end of the year, each spouse will need to file separately. 

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Getting a Divorce with a Disabled Child in Illinois

 Posted on February 26, 2024 in Divorce

Wheaton, IL divorce lawyerGoing through a divorce can be a challenging process, often forcing people to make difficult decisions about their future. When a couple has a disabled child, the situation can become even more complex. In Illinois, parents must consider various legal and practical aspects when seeking a divorce while caring for a disabled child. Understanding the specific laws and resources available can help families navigate this difficult time with more clarity and support. If you have a child with disabilities and are getting a divorce, contact a lawyer to assist you through the process.

What Parents Need to Know 

One crucial aspect to consider is financial support for the disabled child. In Illinois, child support guidelines take into account the child’s special needs and medical expenses. It is essential for parents to provide detailed documentation of these expenses to ensure the child receives the necessary support. Additionally, parents may need to create a special needs trust or other financial arrangements to secure the child’s long-term care and well-being.

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Can My Spouse’s Criminal Past Affect Our Divorce? 

 Posted on February 22, 2024 in Divorce

DuPage County, IL divorce lawyerWhen going through a divorce, it is natural to wonder how your spouse’s criminal past may impact the proceedings. While each divorce case in Illinois is undoubtedly unique and the outcome is dependent on various factors, your spouse’s criminal history can have some influence on the divorce process. If your soon-to-be ex-spouse has a criminal past, consult a divorce attorney to ensure you can get the best outcome possible.

Can a Criminal Record Impact Child Custody?

One of the most significant ways a spouse’s criminal past can affect a divorce is in child custody or visitation arrangements. Because the court’s most important concern when it comes to custody and visitation is what is best for the child, a parent’s criminal record may seriously affect those arrangements. For example, suppose a parent has a criminal record involving a violent or drug-related offense. In the court’s eyes, such a parent may be deemed unfit to be a safe parent who can be left alone with a child. Additionally, the court will weigh the chances of criminal behavior happening in the future when determining custody and visitation rights.

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The Rights of a Stay-at-Home Dad in a Divorce

 Posted on February 19, 2024 in Divorce

Blog ImageIn today’s constantly evolving society, gender roles that were once considered traditional are being challenged, with more men than ever before choosing to be stay-at-home dads. However, stay-at-home dads may face unique challenges and concerns when it comes to divorce. If you are a stay-at-home dad going through a divorce in Illinois, it is of the utmost importance that you are aware of your rights as you navigate this process. Hiring an experienced attorney is instrumental in breaking down stereotypes and ensuring equality in family law.

Understanding the Challenging Dynamics

In the past, the role of the primary caregiver was often assumed to be that of the mother. However, with changing societal norms, more fathers are taking on the responsibility of being the primary caregiver while their spouse pursues a career outside the home. The legal system in Illinois is adapting to these changing dynamics and recognizes the rights of stay-at-home dads during divorce proceedings

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After a Divorce, Who Pays for College Tuition?

 Posted on February 14, 2024 in Child Support

Blog ImageDivorce can bring about numerous challenges, especially when it comes to supporting children's education. In the state of Illinois, the responsibility of paying for college tuition is determined by various factors, including state laws, court decisions, and the specific terms of the divorce settlement agreement. One crucial aspect to consider is Section 513 of the Illinois Marriage and Dissolution of Marriage Act, which outlines the provisions related to college expenses for a non-minor child. If you are getting a divorce and are concerned about who will be responsible for your child's college tuition, an experienced attorney can assist you.

Section 513 of the Illinois Marriage and Dissolution of Marriage Act

Section 513 provides guidelines for determining the allocation of college expenses between divorced parents. It allows the court to order either or both parents to contribute to their child's college expenses, considering various factors. Section 513 provides for the allocation of reasonable and necessary college expenses, including tuition, fees, books, housing, and other related costs.

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Opening New Lines of Credit During a Divorce

 Posted on February 12, 2024 in Divorce

Blog ImageMany decisions made during a divorce will have long-lasting consequences, both personally and financially. One such decision may involve opening new lines of credit or waiting until the divorce process is finalized. If you are considering opening a new line of credit during your divorce, discussing the matter with your experienced attorney may be wise. An attorney is a legal professional trained in Illinois divorce law who can help you with every step of the process, ensuring the decisions you make in the present do not come back to bite you somewhere down the road.

Financial Independence vs. Complications 

Opening new credit cards during a divorce can offer a sense of financial independence and the ability to manage expenses. However, it can also complicate the division of assets and debts. Any debts incurred during the marriage, even if only one spouse's name is on the account, may be considered marital debts, potentially making both parties responsible for repayment.

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