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Recent Blog Posts

Pros and Cons of Collaborative Divorce in Illinois

 Posted on July 22, 2024 in Divorce

St. Charles, IL divorce lawyerWhen people think of the divorce process, they often imagine arguing their case before a judge. This is called litigation, and it is considered a traditional way to dissolve a marriage. It is also, however, considered a last resort. A court battle between two divorcing parties can be extremely costly and time-consuming, which may be why only five percent of divorces end up in litigation.

Most divorces are settled out of court in a process called alternative dispute resolution. There are two main types of alternative dispute resolution used for divorce settlements:

  • Mediation

  • Collaborative divorce

While mediation is more common, collaborative divorce is also rising in popularity. Both are best done with the help of an Illinois divorce attorney. This article will discuss what collaborative divorce is and its pros and cons.

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How Does No-Fault Divorce Impact Property Division?

 Posted on July 20, 2024 in Marital Property

Kane County, IL property division lawyerUp until January 1, 2016, you needed a good reason to get divorced in Illinois. You had to show the court that either you or your spouse was at fault for causing the divorce by engaging in certain behaviors like adultery, substance abuse, alcohol abuse, mental or physical cruelty, abandonment, and more.

But since 2016, Illinois has been a no-fault divorce state. This means that the law does not blame either spouse for causing the divorce, and you no longer need to show a court that one of the parties destroyed the marriage. All you need to tell a court when filing the divorce papers is that you and your spouse have "irreconcilable differences."

This change in the law not only made getting divorced easier but also affected the divorce process. In this article, we will discuss how no-fault divorce specifically impacts property division. To find out how no-fault divorce impacts other parts of the divorce procedure, contact an Illinois no-fault divorce attorney.

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How Can I Get My Marriage Annulled in Illinois?

 Posted on July 10, 2024 in Annulments

Kane County, IL divorce lawyerDivorce is a complex legal process. Without the right Illinois divorce attorney, it can be utterly overwhelming. Some spouses therefore look for ways around divorce, such as other legal procedures that may allow them to avoid the headache of the divorce process. Mistakenly, some think that annulment is a simpler alternative to divorce. However, this is usually not the case.

Whereas divorce ends the marriage, an annulment makes it so that the marriage never existed. This is done in cases where the marriage is illegal or illegitimate to begin with. This article will discuss when a marriage can be annulled and the annulment process.

Can My Marriage Be Annulled?

When a court grants an annulment, it means the law considers the marriage to have been invalid from the start. A couple has valid grounds for annulment if:

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3 Tips for Getting Divorced in the Digital Age

 Posted on July 06, 2024 in Divorce

St. Charles, IL divorce lawyerDigital technology influences almost all aspects of our lives. People manage their finances, accomplish everyday tasks, and conduct relationships over their digital devices. Sometimes, digital technology can even end a marriage. More than one divorce has been triggered by a spouse discovering intimate messages from his or her significant other to an illicit lover.

The divorce process is also impacted by technology. In this article, we will discuss three tips for getting divorced in the digital age. It is always best to speak with an Illinois divorce attorney about how you can use technology to your benefit in a divorce.

Use Co-Parenting Apps

One of the most difficult parts of the divorce process is co-parenting. You and your ex-spouse will be required to follow a parenting plan, a set of court-approved guidelines for parenting your child after the divorce. The parenting plan will include provisions for:

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4 Ways to Speed Up the Divorce Process in Illinois

 Posted on June 28, 2024 in Divorce

IL divorce lawyerGetting divorced can be an emotionally and financially draining process. The more it drags out, the more difficult and expensive it can get. Unfortunately, many couples find themselves embroiled in hostile, drawn-out divorce proceedings. Sometimes, this is for valid reasons, like if complex assets need to be divided. Other times, however, the extra time can be avoided.

One way couples can shorten the divorce process is by hiring a competent Illinois divorce attorney. A lawyer with experience can help prevent some of the pitfalls that lengthen the divorce proceedings.

Here are four ways to speed up the divorce process.

Joint Simplified Dissolution of Marriage

In some cases, a couple can file for a joint simplified dissolution of marriage. This is a quick and simplified divorce procedure that applies only when the spouses meet certain criteria, such as:

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What Happens to Student Loans in an Illinois Divorce?

 Posted on June 21, 2024 in Division of Property

IL divorce lawyerStudent debt has received significant media attention in recent months due to the political debate over student loan forgiveness. More than 40 million Americans owe student debt, which is about 13 percent of the United States population. Together, they owe about $1.60 million in federal student loans, which breaks down to about $55,347 for the average American household.

It is common for married people to have student loans. But what happens to those loans in a divorce? Is it divided like other debts?

To understand what happens to student debt in an Illinois divorce, it is first important to understand marital debt. Keep in mind that the best way to find out what will happen to your student loans in a divorce is to ask an Illinois debt division attorney.

What Is Marital Debt?

Financial obligations that belong to both spouses are called marital debt. For something to qualify as marital debt, it must satisfy the following criteria:

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When a Spouse Lies About Income to Avoid Paying Alimony

 Posted on June 18, 2024 in Alimony / Maintenance

IL divorce lawyerAlimony, also known as spousal support or spousal maintenance, is a tool used to help spouses get financial support after a divorce. If one partner was a stay-at-home parent, for example, a judge will often order the other partner to pay that parent alimony for a period of time. Details of that order — such as how much time, how many payments, and how much alimony — are based on several factors. These include the needs and incomes of both parents.

Sometimes, spouses try to lie about their income to avoid paying alimony or to minimize the amount of spousal support they must pay. This is illegal and rarely goes undiscovered. If you think your spouse is lying about his or her finances, tell your Illinois alimony lawyer right away.

How Do I Know If My Spouse Is Lying About Finances?

It is not always easy to tell if someone is lying about finances during a divorce. Even when there appear to be discrepancies in a person’s story, there may be perfectly valid explanations. However, there are common signs that a spouse might be lying about his or her income or assets, such as:

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The Importance of Divorce Interrogatories

 Posted on June 13, 2024 in Divorce

IL divorce lawyerDivorce interrogatories are often a part of the discovery process. Discovery is a legal tool that allows each party to the divorce to gain information from the other regarding marital finances, assets, liabilities, and any other relevant divorce matters. The discovery process can feel invasive and can be stressful, but it serves an important purpose.

 Discovery is meant to provide transparency to both parties, which is crucial when dividing assets and determining spousal maintenance, child support, and more. The discovery process also allows the attorneys on both sides to build a solid case for their client. Discovery methods may include:

  • Interrogatories
  • Depositions
  • Requests for specific documents

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Can I Recover Money From a Dissipation of Assets Claim?

 Posted on June 11, 2024 in Division of Property

IL divorce lawyerOne of the more complex parts of the divorce process in Illinois is property division, where the spouses divide their marital property. Illinois law defines marital property as assets that were acquired by either spouse during the marriage. These assets — with some exceptions — belong to both spouses and are divided in a divorce.

But the more assets there are and the higher their value, the higher the chance they will be squandered in the divorce. This article will discuss what a dissipation of assets claim is and how a spouse can recover lost assets. Keep in mind that having a skilled Illinois divorce attorney handle your divorce is a great way to avoid losing assets in the first place.

What Is Dissipation of Assets?

Dissipation of assets means that one spouse has wasted money or assets belonging to both spouses by spending them on things unrelated to the marriage. This most commonly happens by:

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3 Signs It Might Be Time to Get Divorced

 Posted on June 06, 2024 in Divorce

IL divorce lawyerDivorce is an extremely difficult decision to make. Ending a marriage has a wide range of consequences that impact many people around you. Children, relatives, and even pets are emotionally and psychologically affected by divorce. Many spouses who dissolve their marriages are also financially impacted by the decision. For some people, deciding to get divorced is difficult for religious reasons.

Many partners, therefore, are hesitant to call an Illinois divorce attorney about untying the knot. Some want to get divorced, but they are not sure it is the right thing to do. Others feel it is the right thing to do but do not want to get divorced.

Here are three signs — called “the three As” — that it might be time to speak to a lawyer about getting divorced.

Abuse

There are many different forms of abuse. These include:

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