Posted on November 28, 2023 in Pet Custody

While a lot of people are aware of the most common topics that generally need to be divided up in a divorce - child custody; alimony/spousal support; division of property, assets, and debts - there are some divorce issues that people are less aware of. You might be surprised to know, for example, that what happens to a family pet in divorce is an entire topic of its own.

Some people might consider pets property since they are animals and not humans. But in many cases, families consider their pet a member of the family. This can make it harder to consider a pet an item that needs to be distributed. If you are considering divorce but find yourself worried it could mean the end of your relationship with your beloved pet, an experienced Kane County, IL divorce lawyer can help you navigate the process and advocate for your rights and interests.

How Do We Decide Who Gets Our Pet if We Both Love Her?

When a couple gets divorced, it can be extremely complicated trying to decide where their shared pet will live. For the courts to be able to decide this, both spouses will need to gather and present evidence that supports their claims. In this way, decisions about a pet are no different from decisions about any other aspect of divorce. 

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 Posted on November 22, 2023 in Divorce

While the concept of divorce is something most people are familiar with, the actual steps taken to make a divorce happen are not generally common knowledge. If you have never been through divorce proceedings yourself, it would be unusual for you to know what needs to be done. If you find yourself considering divorce and you do not know where to begin, an experienced Kane County, IL, divorce lawyer can explain to you all the steps that need to be taken and what all the terms mean so that you can move forward with knowledge and confidence.

Filing for Divorce

When a couple, or either spouse, wishes to get divorced, the first thing that needs to happen is that someone needs to go to court to file for divorce. Whoever does this is referred to as the petitioner, and the other spouse is referred to as the respondent. The petitioner needs to go to a court where they live. If they do not live with their spouse, they can also choose to file for divorce in a court where their spouse lives.

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 Posted on November 20, 2023 in Child Custody

Most people might think they have a basic understanding of what is involved in a divorce, but the vast majority are not familiar with what the most common divorce-related child custody terms mean. In general, if you have never experienced something yourself, you will be less familiar with it. The same goes for divorce and child custody matters. If you have never had a reason to gain an understanding of all the important factors in a divorce settlement where children are involved, the chances are you might lack some understanding of what all the terms mean. If you are a parent considering divorce for the first time and are not sure what all the terms mean, a Kane County, IL child custody lawyer can answer all your questions and help you represent your best interests with the knowledge and confidence you need.

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 Posted on November 15, 2023 in Divorce

Typically speaking, a divorce is not a simple process for anyone. Even if you and your spouse agree rationally on all the issues involved, there can be an emotional component. Once, you were committed to each other and now you are figuring out how to separate your lives. In addition to the emotional issues, there can be financial implications. In some divorce settlements, people can be responsible for covering any debt their ex incurred during their marriage. This can include education fees, investments they made, or payment plans that have not been completed. If you are considering divorce but are concerned about what will happen with your ex’s debt, an experienced Kane County divorce lawyer can answer your questions and explain any responsibilities you may have.

How Does the State of Illinois Rule on Distribution of Assets and Debts in Divorce?

There are two main methods used for distributing a couple’s marital assets and debts: equal and equitable. The method used in your divorce is determined by the state you are in. The state of Illinois follows an equitable distribution method. Rather than splitting the value of all assets down the middle and giving each spouse an equal share, an equitable division would dictate that several factors need to be taken into account:

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 Posted on November 09, 2023 in Divorce

Every divorce is unique. Some couples can settle their separation amicably, through an uncontested divorce. Other couples might have such powerful animosity that they may go through what is called a high-conflict divorce. Some couples will settle their divorce in court, while others will do so through mediation. Regardless of the different ways a divorce could be settled, the actual aspects of life that need to be decided on in the divorce settlement are generally similar. If you are considering divorce, an experienced Kane County, IL, divorce attorney can explain what you can reasonably expect your divorce settlement to include and begin working on a plan to protect your best interests.

What Issues Are Covered in a Divorce Settlement?

A divorce can take time to be settled because the couple needs to figure out how all the parts of their life that were bound together in marriage will now be divided up. A typical divorce settlement will include the following aspects:

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 Posted on November 02, 2023 in Family Law

Many people have heard about a prenuptial agreement, a sort of contract drawn up between two people about to join together in the bonds of marriage. A prenuptial agreement is like a rainy-day policy: something you have ready “just in case” but hope you will not need. However, engaged couples often opt out of a prenuptial agreement and later regret doing so. If you are already married but think having an agreement in place “just in case,” a Kane County, IL divorce lawyer can help guide you and your spouse through the process of establishing a postnuptial agreement.

What Is a Postnuptial Agreement?

To a large degree, a postnuptial agreement is almost the same as a prenuptial agreement, aside from the fact that it is signed after a wedding instead of beforehand.

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 Posted on October 27, 2023 in Divorce

Social media is unquestionably a fact of life these days. People use social networks to connect with geographically distant friends and family, share milestones and view those of their friends, meet potential romantic interests, do some professional networking or collaboration, and a ton of other things. But be warned: anything you post online can be seen by anyone else who tries hard enough, which could affect your divorce. Suppose you are considering divorce and are concerned your social media conduct might influence your divorce settlement. In that case, you should speak with a knowledgeable Kane County, IL divorce attorney who can answer your questions and advise you on moving forward.

How Can Social Media Impact My Divorce Settlement?

Unfortunately, some people are willing to do anything they can to get the settlement they want, including lying and deceiving. They may try to paint the picture of an unfaithful spouse, someone lying about their actual wealth so they can seem eligible for receiving alimony payments or at least not be required to pay to the other spouse, someone unfit to care for children, and more. But with the ever-increasing popularity of social networks, people are constantly posting pictures online for the world to see. This means it is now much easier than it ever used to be to try to gather evidence of claims against someone. With easy access to personal information about other people, the claims have the potential to influence decisions in a divorce settlement. For example:

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 Posted on October 23, 2023 in Divorce

In the State of Illinois, the only reason that the courts will deem acceptable for divorce is something called irreconcilable differences since Illinois is a “no-fault” state. It does not matter if one spouse was disloyal, lied, or hurt the other. According to the State of Illinois, the only acceptable reason for divorce is irreconcilable differences, and in such a case, neither side is to blame. 

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 Posted on October 19, 2023 in Divorce

Sometimes, a divorce can be finalized amicably through mediation. Some divorces are finalized by the spouses’ respective lawyers negotiating the various issues that need to be decided. Other times, in a highly contentious contested divorce, a deposition is used to help gather information before a court trial. If you believe a deposition is in your future, a Kane County, IL divorce attorney can explain what you can expect and guide you through the process.

What Should I Know about a Divorce Deposition?

A deposition is a way to get court-recognized testimony, out of the court. The sides have the opportunity to ask each other or other witnesses questions under oath, in the presence of a court reporter. The responses to these questions are recorded and can be used in court under limited circumstances. 

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 Posted on October 13, 2023 in Divorce

In a typical happy marriage, both spouses are open and honest with each other. But for many couples, this is not their reality. In many marriages, someone might suspect their spouse of infidelity, someone might feel they are married to the wrong person, and someone might think their spouse is hiding assets from them.

In a high-asset divorce, concealing assets is a fairly common practice. One reason for this is that the spouse hiding the assets is hoping not to need to share them with their ex in a divorce settlement. Another reason is there are common misunderstandings about what each spouse is allowed to do with their marital assets. Being married does not mean your spouse is entitled to whatever they want in your joint finances. 

If you are considering divorce but suspect that your spouse might be hiding assets that you would legally have rights to in a settlement, a Kane County, IL divorce lawyer can guide you through this stressful period.

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