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Recent Blog Posts

What Makes Divorce Unique in Illinois?

 Posted on November 22, 2023 in Divorce

DuPage County Divorce LawyerLike in many states, divorce in Illinois is a process rife with strong emotions and various challenges. In Illinois, the state follows its own set of laws and regulations governing the dissolution of marriage. Several unique aspects are found in Illinois that distinguish divorce proceedings from those in other states. If you live in Illinois and are looking to pursue a divorce, contact a qualified lawyer to assist you in the process.

Residency Requirements

To file for divorce in Illinois, you or your spouse must have lived in the state for at least 90 days. This residency requirement ensures that the state has jurisdiction over the divorce proceedings. It is important to note that the 90-day requirement applies to both contested and uncontested divorce.

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Will I Be Forced Out of My Home During the Divorce?

 Posted on November 20, 2023 in Divorce

DuPage County Divorce LawyerIt is well documented that divorce is one of the most challenging events of someone’s adult life. One of the reasons divorce is so difficult is because of the uncertainty it brings. Will I meet someone ever again? What will happen to the children and the family we have built? Will I have to move from my home?

While all these questions are of critical importance, questions regarding the future of your living situation can bring intense anxiety to even the calmest of people. Discuss these concerns with your lawyer if you are concerned about whether you will be required to leave the marital home before, during, or after the divorce. Your Illinois attorney, a legal professional, will help you know and protect your rights as you move through this challenging process.

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How Does Gray Divorce Differ from Other Divorces?

 Posted on November 15, 2023 in Divorce

Wheaton Divorce LawyerGray divorce, referring to the dissolution of marriage involving people aged 50 and older, has become increasingly common in recent years. While divorce at any age can be challenging, gray divorce presents unique considerations and complexities. If you are older than 50 and are about to embark on a divorce in Illinois, make sure you consult with an experienced lawyer, as they will ensure your rights are protected and that you can proceed through your divorce with confidence. 

Financial Considerations in Gray Divorce

One significant difference in gray divorce is the financial impact it can have on both parties. Older couples often have accumulated significant assets, retirement savings, and investments, which must be divided. The division of retirement accounts, pensions, and other financial assets can be complex and may require the guidance of financial professionals. Additionally, gray divorces may have fewer years remaining in the workforce to recover financially, making it crucial to consider the long-term financial implications of the divorce settlement carefully.

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How to Know if Your Spouse is Serious About Divorce

 Posted on November 09, 2023 in Divorce

Wheaton Divorce LawyerDivorce is a significant life event that poses countless challenges for everyone involved. One of the most critical aspects of this process is understanding whether your spouse is serious about ending the marriage. There are several signs that may indicate your spouse’s seriousness about divorce. To help you navigate these signs, it may be wise for you to obtain the legal guidance of a qualified lawyer. With a potential Illinois divorce on the horizon, you want to be ready. And in this case, being prepared means knowing your rights and ensuring they are protected if a potential divorce lies on the horizon. 

Digest What Your Spouse is Saying to You

What you will first want to do is get a complete understanding of what your spouse is saying to you. Are they directly communicating with you and expressing their desire for the marriage to end? If they are openly sharing with you their reasons for wanting to end the marriage, this is a clear indication that they are indeed serious about pursuing a divorce. Honest and direct conversations about divorce can help both parties understand each other’s perspectives and explore possible solutions. 

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Should I Represent Myself in My Divorce? 

 Posted on November 07, 2023 in Divorce

Wheaton Divorce LawyerGoing through a divorce is no easy task. One of the decisions you will need to make is whether to hire a lawyer or to represent yourself in your case. While the prospect of representing yourself can seem a little tempting, perhaps you believe that not hiring a lawyer will put more money in your pocket in the long run; it is essential to carefully consider the various pros and cons before making a decision that will significantly impact your future. Above all, it is important to understand that under no circumstance should you represent yourself in your Illinois divorce, and we will tell you why. 

Absence of Legal Knowledge 

Of course, the first reason you should never represent yourself in your divorce is your lack of knowledge and experience. Even if you think you know the issues, your casual knowledge will more than likely pale in comparison to an experienced divorce attorney. Without a thorough understanding of the legal framework and precedents, you will likely find it challenging to navigate the intricacies of the process effectively. 

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Getting Divorced When You Have a Disabled Child

 Posted on November 02, 2023 in Divorce

DuPage Divorce AttorneyWhen you get a divorce, your life irrevocably changes forever. When children are involved, their life is also changed forever. In cases where a couple with a disabled child decides to end their marriage, additional considerations come into play. It is widely understood that children often take the brunt of the divorce, which is why parents of disabled children may be especially concerned about what the divorce will mean for their child with disabilities. If you are getting a divorce and have a disabled child, contact an experienced Illinois lawyer to assist you through the divorce process, assuring all the while that your child’s needs are acknowledged, met, and taken care of before, during, and after the divorce. 

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Is My Wife Entitled to My Inheritance in Our Illinois Divorce?

 Posted on October 30, 2023 in Divorce

Wheaton Family Law AttorneyDivorce in Illinois is a complex, often painstaking process that has enormous implications on the personal and financial future of those getting divorced. In the state of Illinois, the question of whether a spouse is entitled to the other spouse’s inheritance is a matter of great importance to many families. If you have concerns with regard to the distribution of assets and whether your inheritance will be subject to division, contact a divorce lawyer to ensure you have the legal protections afforded to you through state law. 

Marital Property vs. Non-Marital Property 

Laws of equitable distribution govern Illinois. During divorce proceedings, non-marital property is generally exempt from division. Inheritances are often classified as non-marital property, meaning they are the sole possession of the person who received the inheritance. 

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What Leads to Property Division Disputes in Divorce?

 Posted on October 26, 2023 in Divorce

Wheaton Divorce LawyerProperty division during a divorce tends to be a hot-button issue. When a couple gets divorced, there are often very real concerns about how their property will be divided between them. Since Illinois is an equitable distribution state, assets are not precisely split down the middle 50/50. As a result, nasty disputes can arise over who is entitled to receive what property. If you are looking to dissolve your marriage and wonder what the underlying causes of property disputes are, regardless of whether you are wondering how to anticipate or avoid these disputes, a lawyer experienced in this area of law will be happy to help you.

Three Distinct Causes of Property Disputes 

  1. Emotional attachment – This is a common culprit of many property disputes during a divorce. The sentimental value associated with the property, such as the family home, heirlooms, or other personal belongings, can cloud judgment and make it difficult for couples to agree on a fair distribution. Emotional attachment often stems from the memories and significance attached to these assets, making it challenging to approach the division process objectively.

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How to Know When Divorce Litigation is Needed

 Posted on October 25, 2023 in Divorce

Untitled---2023-11-09T163926.971.jpgDivorce is a difficult decision, often accompanied by tremendous emotional turmoil. While some divorces can be resolved in a more amicable way without the need for litigation, others may require legal intervention. Understanding the circumstances that warrant divorce litigation can help people navigate this challenging process more effectively. In such cases, it is strongly recommended that you hire a lawyer to represent you and your interests during the entirety of your divorce. While hiring an Illinois divorce lawyer is not required by law, it is unquestionably the most prudent decision you can make as you prepare for divorce proceedings.

Signs that Litigation May Be Necessary in Your Divorce

Certain issues may exist throughout a couple’s marriage or divorce that signal litigation may be needed, including:

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Using Mediation for Property Disputes in an Illinois Divorce

 Posted on October 23, 2023 in Mediation

Untitled---2023-11-09T163228.424.jpgProperty disputes are a common and often contentious aspect of divorce proceedings in Illinois. In Illinois, couples have the option to use mediation as an alternative to traditional litigation for resolving property disputes. Mediation offers a collaborative and solution-oriented approach that can effectively address common property disputes. If your divorce involves property disputes and you are looking for a way to solve them, discuss with your divorce lawyer if mediation is a process worth pursuing.

Dividing Marital Assets

One of the primary purposes of mediation is to facilitate the fair division of marital assets. Mediation allows couples to discuss and negotiate the division of property openly, including real estate, investments, retirement accounts, and personal belongings. With the guidance of a neutral mediator, couples can work together to create a customized distribution plan that takes into account their individual financial situations, contributions to the marriage, and future needs.

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