Tag Archives: divorce attorney

divorce, maintenance, spousal support, Illinois divorce attorney, marital estate, divorce questions, Divorce can be contentious, which is why it is important to know your rights and responsibilities going in. Here are the answers to eight commonly asked questions regarding property division and other divorce-related issues.

1. My spouse has filed a petition for the dissolution of our marriage. What are my financial responsibilities while this action is pending?

A dissolution action stay is in effect against both parties. Neither of you can spend, destroy or otherwise dispose of marital property without the other party's consent, except in the normal course of business or life. For example, you can pay your bills without asking permission but you cannot buy a fancy sports car.

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custody arrangement, child custody, joint custody, sole custody, temporary custody, Illinois family lawOften, the most difficult aspect of a divorce is determining who will care for the children and who will make decisions regarding their welfare. Illinois courts will use a “best interests of the child” standard when awarding custody. In applying that standard courts have flexibility to settle on many different types of custody arrangements.

Types of Custody in Illinois According to Illinois law, there are several different types of custody arrangements available to divorcing couples. Temporary Custody - A limited custody pending a full custody hearing. Temporary custody is determined based on the best interests of the child. Filing for temporary custom is often the first step to formalizing custody. Sole Custody - When a single parent has both legal custody (e.g., the right to make long-term decisions for the child) and physical custody (e.g., the right to have the child live with the single parent). Under sole custody, the child has only one primary residence, and the parent with sole custody makes decisions for the child, including decisions regarding education, discipline, religion, or other matters of significance. Joint Legal Custody - A situation in which both parents share responsibilities for the care and control of the child, but the child lives with just one of the parents (e.g., has only one primary residence). Under joint legal custody, the both parents work together to make significant decisions for the child. Joint Physical Custody - Custody in which child spends significant time living with both parents (e.g., where the child has two residences). In a joint physical custody arrangement, the child does not need to spend an equal amount of time with each parent. Additionally, one parent may have sole legal custody, even though both parents share physical custody. Split Custody - Includes a situation in which there are two children and each parent is granted physical custody over one child. Joint Custody Agreements Parents may make their own custody agreements that include any combination of physical and legal custody. However, courts will examine such agreements in light of the best interests of the child. If parents have a history of fighting over matters of child rearing--such as decisions regarding the child’s education, religion, socialization, or the like--courts will be less likely to award joint legal custody. Additionally, Illinois courts may examine other factors when considering joint custody arrangements, such as:
  • Willingness of the parents to share custody;
  • Preferences of the child;
  • Ability of each parent to provide a stable school and social life for the child;
  • Proximity of each parent’s residence to each other and to the child’s school;
  • Employment considerations, such as what hours a parent works and how often they must travel; and
  • Financial means of each parent.
In addition to the above factors, the court will also seek to ensure that each parent is sincere in their desires for custody--that custody arrangements are not a bargaining chip for other matters relating to the divorce. Contact an Illinois Custody Lawyer If you are considering divorce and have questions about how an Illinois court will determine the custody of your children, it is vital that you contact a skilled attorney. The lawyers at Goostree Law Group are dedicated to helping individuals throughout suburban Chicago involved in custody disputes understand their rights. Contact us today to schedule your free consultation.

TalkNo one wants to be the bearer of bad news, such as wanting a divorce.  What people don’t often think about is that it is not only the news that can upset people but also how they are told.  In some cases the topic of divorce can be a relief to the other partner, as they are unhappy with the marriage as well.  Since divorce is a life-changing moment for one of the biggest relationships of your life, spend time preparing for the talk.  It can set the tone for how the divorce will be finalized.  Serving them with divorce papers without a warning can lead to a messy split. Part of the preparation for having the talk is thinking about how your spouse will react.  Consider if your spouse will be angry or defensive or sad about the news.  There is a chance that they will plead with you to stay together for any number of reasons.  Use all their possible reactions to stay firm with your decision to bring your marriage to an end. Then consider the time and the place for the conversation.  It will often take time to convince your spouse that the marriage is coming to an end.  Remember that you have gone through the emotions of preparing for divorce, but your spouse has not.  That is also why the setting should be calm in order to soothe the difficult conversation.  Also keep in mind that if your spouse has a history of violence or abuse of any kind to consider your safety.  It might be a better idea to have this conversation in front of a marriage therapist or in a crowded area. There are a lot of other things to consider about a divorce before you make your intentions known to your spouse.  Before making the split a reality for them, talk to a legal professional who can let you know how the process will play out.  Contact an experienced family law attorney in Kane County today.

militaryThe Pentagon has recorded the divorce rate for men and women in the military. They have noticed a decrease to almost seven percent of military women, which is lower than the last two year’s record highs.  In 2012, the rate was almost eight percent. The divorce rate for men in the military has always been low, at around 3 percent for the last three years. The reported decline might be accredited to a decline in length that troops are deployed. During the years when the United States was at war with Iraq and Afghanistan, the families of military personnel paid the price in divorces. In a study by the RAND Corporation in collaboration with the Department of Defense showed that the length of deployment caused divorce.  They used data from 462,444 enlisted servicemen and women.  These people were all married between March of 1999 and June of 2008. The researchers found that the length of the deployment had a measurable effect on the likelihood of divorce.  Each additional month serving their country meant that they were more likely to divorce when they returned home.  This is true in spite of where the couples were married or where the deployment occurred. The one factor that lessened the rate of divorce was whether the couple was married before or after the September 11th attacks. For those married before the tragedy, they were more likely to divorce compared to those who were married after it.  The researchers of the RAND report suppose that those who married after that unfortunate event were more prepared to miss their loved one. There are many services in place that can assist families who have a loved one in the military. An example is the Marine Corps Family Team Building. Navy Lieutenant Commander Nate Christensen who is a spokesperson for the Department of Defense said that “the health and well-being of service members and their families is a priority. Strong relationships are important to our readiness.” Being without your spouse can be difficult on your marriage.  If those programs cannot assist you bridge that gap in your marriage, then it might be time to turn to a legal professional.  Contact a skilled family law attorney in Saint Charles today.

When divorcing, there are several factors that come into play. One of the more complicated processes of divorce—an aspect that has long-reaching effects well beyond divorce proceedings—is the distribution of property. Generally, anything acquired during the marriage, regardless of which partner’s name the purchase was in, is considered marital property and is liable to be split evenly. Yet states all have their own rules when it comes to property division after divorce, and, according to the Huffington Post, this matters. Most states, Illinois included, “use a set of rules called equitable distribution to divide a couple’s assets.” While this places “considerable power in the judge,” a fallible human being who happens to be presiding over that particular divorce, this is what most people consider the fairest way to divide marital property.   Reflection

According to Divorce Mag, “the premise underlying the Equitable Distribution Law is that marriage is, among other things, an ‘economic partnership’ to which both parties contribute as spouse, parent, wage earner, and/or homemaker.” Equitable distribution laws allow for one spouse who may not have been the primary earner to have some financial recourse following the divorce. It’s important to bear in mind that not everything a couple owns is necessarily considered marital property. Marital property, according to Divorce Mag, “is defined as all property acquired by either or both spouses during the marriage from the date of the marriage through the commencement of a matrimonial action or the execution of a separation agreement.” This means, of course, that if you’re planning on buying a new car and you’re planning on getting divorced, it could save you money in the long run to wait to buy that car until the divorce proceedings have been initiated. Otherwise, your soon-to-be-ex spouse will be entitled to half of that car. Property that is always separate includes that which either spouse owned before the marriage, personal injury compensation, and property defined as separate in an agreement such as a prenup. If you or someone you know is considering divorce and looking for advice about property distribution, the most important step is to seek the counsel of an experienced family law attorney. Don’t go through it alone. Contact the offices of Goostree Law Group today.  
Goostree Law Group

Goostree Law Group

 555 S. Randall Road, Suite 200
St. Charles, IL 60174

 630-584-4800

 400 S. County Farm Road, Suite 300
Wheaton, IL 60187

 630-407-1777

Our Illinois divorce attorneys represent clients in Kane County, DuPage County, Kendall County and DeKalb County, including Geneva, Batavia, St.Charles, Wayne, Wasco, Elburn, Virgil, Lily Lake, Aurora, North Aurora, Elgin, South Elgin, Bartlett, Crystal Lake, Gilberts, Millcreek, Maple Park, Kaneville, LaFox, Yorkville, Oswego, Plano, Sugar Grove, Big Rock, Bristol, Newark, DeKalb, Sycamore, Naperville, Wheaton, West Chicago, Winfield, Warrenville, Downers Grove, Lombard, Oak Brook, Streamwood, Hoffman Estates, Barrington, South Barrington, Lake Barrington, Schaumburg, Big Grove, Boulder Hill, Bristol, Joliet, Kendall, Lisbon, Minooka, Montgomery, Plainfield, Sandwich, Yorkville and many other cities.

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