Posted on June 26, 2024 in Child Custody

Navigating the process of divorce when you are also a parent is among the most difficult things any parent can go through. Protecting your custody rights is crucial to ensure your children's well-being and maintain a strong and supportive relationship with them. Protecting custody rights begins with being proactive. If you are wondering what to do first, contact a lawyer to lead you through the divorce and Illinois custody process.

What do Illinois Custody Laws Say?

Understanding the framework governing custody in Illinois is important to effectively protect your rights. Under Illinois law, the term “custody” has been replaced with “parental responsibilities,” which includes both decision-making responsibilities and parenting time.

The court's primary concern is the best interests of the child. To determine the child's best interests, the court will consider factors like the child's needs, each parent's ability to meet those needs, and the child's relationship with each parent.

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 Posted on June 21, 2024 in Divorce

Divorce can be one of life's most challenging experiences due to the emotional and logistical issues involved. One of the most important aspects to consider in a divorce is property division, which requires a clear understanding of Illinois divorce laws. Residents of Wheaton, Illinois, are subject to the state's property division statutes, which lean heavily toward equitable distribution rather than equal division. Illinoisans can rest assured, however, that lawyers are available to make the process much more bearable.

Equitable Distribution in Illinois Divorce

In Illinois, the law mandates an equitable distribution of marital property, which means a fair division of assets and liabilities. One key takeaway is that “equitable” depends on various factors, including the duration of the marriage, the contribution of each party to the marital estate, and the economic circumstances of each spouse. It is essential to differentiate between marital and non-marital property, as only assets accumulated during the marriage are subject to division.

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 Posted on June 18, 2024 in Divorce

When infidelity shatters trust in a marriage, the emotional fallout can be devastating. But if you are considering divorce in Illinois, it is important to understand how the legal system views cheating. Contrary to what many may believe, Illinois is a no-fault divorce state, meaning that allegations of adultery do not affect the legal proceedings as significantly as they might in other states.

However, things may get more interesting if your spouse dissipates assets, such as spending large amounts of marital assets on the affair. Discuss with your attorney the best way to move forward to ensure your rights are protected.

No-Fault Divorce: What it Means for Cheating Spouses

In Illinois, the grounds for divorce do not include fault-based reasons like adultery. Instead, couples can file for divorce on the basis of “irreconcilable differences.” This difference means that courts typically do not consider why the marriage fell apart. Rather than attributing blame to one party, the focus remains on the equitable distribution of assets, custody arrangements, and support obligations.

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 Posted on June 14, 2024 in Divorce

Divorce rates among older couples, often referred to as “gray divorce,” have seen a significant rise in recent years. In Illinois, as in many other states, older adults face unique challenges and considerations that younger couples may not encounter.

Understanding these differences can help ensure that older couples navigate their divorce with greater clarity and preparedness. No matter what age you are, hiring a lawyer to lead you through the divorce process is strongly encouraged.

Financial Implications and Retirement Funds

One of the most significant considerations for older divorcing couples in Illinois is the division of financial assets, particularly retirement funds. Unlike younger couples who have time to rebuild their savings after a divorce, older individuals are often nearing or already in retirement.

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 Posted on June 12, 2024 in Divorce

In today's digital age, social media has become a major part of many people's lives. It keeps us connected, provides entertainment, and allows us to share moments with friends and family. However, while social media has its benefits, it can also be a double-edged sword, especially when it comes to marriages and divorces.

It is becoming increasingly common for social media to play a role in causing marital strife and even influencing divorce proceedings. Understanding how to protect your privacy and navigate social media during such a sensitive time is important. Speak with your Illinois divorce attorney on this subject to learn more about how social media can impact divorce.

The Role of Social Media in Marital Strife

Social media platforms like Facebook and Instagram can worsen existing problems in a marriage. Issues often stem from online activities, like one partner spending excessive time on social media, engaging in inappropriate conversations, or reconnecting with ex-partners. These digital interactions can lead to feelings of jealousy, betrayal, and insecurity, causing serious rifts between partners. Studies have shown that social media contributes to many divorces, revealing just how significant a role it can play in modern relationships.  

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 Posted on June 07, 2024 in Divorce

Divorce is a significant life event that prompts many changes, both emotionally and legally. One crucial element that should not be overlooked is updating your will and estate plan. After an Illinois divorce, your previous arrangements may not reflect your current wishes and circumstances. Engaging your divorce attorney's help can ensure that all necessary changes are made to protect your assets and properly provide for your loved ones.

Why Updating Your Estate Plan Post-Divorce is Essential

Divorce means that the relationships and circumstances considered when drafting the original will and estate plan have likely changed. It is important to update these documents to reflect what your current wishes are. For example, if your ex-spouse was named as a beneficiary or executor, you might want to remove or replace them with 

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 Posted on June 04, 2024 in Divorce

Embarking on a second marriage after going through a divorce in Illinois can be both exciting and daunting. While the promise of a fresh start can fill you with hope for the future, the experience of the previous marriage ending can also leave you wary. Navigating this path carefully, with the assistance of an attorney, can help you address any lingering legal issues, protect your interests, and prepare you emotionally for this new chapter in your life.

Navigating the Legalities of Your Divorce

Before you wholeheartedly dive into planning your new life, it is important to make sure all the legal aspects of your divorce are fully resolved. A skilled lawyer can help you finalize any outstanding issues that you may have, such as property division, spousal support, and custody arrangements. By doing so, your lawyer can help you start your new marriage on stable ground, free from the legal burdens of your previous relationship.

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 Posted on May 30, 2024 in Divorce

Divorce brings about a whirlwind of change, and practical matters like insurance can get easily overshadowed amidst the heartache. In Illinois, understanding how divorce impacts your insurance policies – be it health, life, or property insurance – is crucial for your financial and personal stability. By hiring a divorce attorney and re-evaluating or adjusting your insurance coverage, you can better protect yourself and your loved ones from unforeseen circumstances.

Understanding Health Insurance Coverage Post-Divorce

One of the most immediate concerns during a divorce is health insurance. If you are currently covered under your spouse's plan, you will need to seek alternative coverage post-divorce. Illinois law allows you to remain on your spouse's plan until the divorce is finalized, but once the paperwork is signed, you need a new plan. Research your options thoroughly, whether that is through your employer, the marketplace, or COBRA.

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 Posted on May 28, 2024 in Divorce

Divorce can be an emotional rollercoaster for any couple, but LGBTQ+ couples in Illinois may face challenges unique to the LGTBQ+ community. If you are in an LGTBQ+ marriage and are considering divorce, contact a qualified attorney. By hiring a lawyer, you will not need to worry about your rights being infringed upon, as experienced lawyers, who themselves are trained legal professionals, will ensure your rights are protected.

Validating Your LGBTQ+ Marriage

Before you begin divorce proceedings, you will want to ensure your marriage is legally recognized in Illinois. On November 20, 2013, Illinois Governor Pat Quinn signed into law the legalization of same-sex marriage. This law went into effect on June 1, 2014. Marriages conducted in other states where same-sex marriage was legal prior to this date are also recognized. You will want to make sure you have proper documentation confirming your marriage's legitimacy, as this will lay the groundwork for a legal divorce process.

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 Posted on May 21, 2024 in Divorce

Going through a divorce is a profoundly challenging experience, and if you couple that with the financial turmoil of bankruptcy, it can feel like an insurmountable mountain to climb. However, understanding how to navigate both simultaneously in Illinois can help ease the stress involved. If you are currently juggling both divorce and bankruptcy proceedings, it is imperative you secure legal representation. Your attorney will ensure that you are able to face both challenges head-on, giving you a fair opportunity to get through each process and ultimately move on with your life.

Understanding the Basics of Divorce and Bankruptcy

Before discussing how each of these processes affects each other, it is essential to have a complete understanding of the fundamentals. In Illinois, divorce laws are under state family courts' jurisdiction, while bankruptcy is governed by federal law. The bankruptcy process involves either Chapter 7, which is liquidation, or Chapter 13, which involves the re-organization of debt. Divorce involves the dissolution of marriage, dividing assets and liabilities, and potentially dealing with child custody, along with other important issues. Both processes require careful planning, which makes legal guidance an absolute necessity. 

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