call us630-584-4800

Free Consultations

Subscribe to this list via RSS Blog posts tagged in divorce law

Kane County family law attorneyThe Social Security Administration provides disability benefits for individuals who qualify to receive them. This coverage is known as Social Security Disability Insurance (SSDI). Parents who receive SSDI can also receive coverage for their children to help cover the costs of raising a child while being too disabled to earn a sufficient income. Like all other forms of income, one's SSDI benefits can be affected by his or her divorce. This can, in turn, affect your child's SSDI coverage. If you are an SSDI recipient with a minor child who receives SSDI coverage and you are considering filing for divorce, discuss this with your divorce lawyer.

How Divorce Affects SSDI Benefits for Minor Children

Any biological child, adopted child, or stepchild under the age of 18 or up to age 19 if he or she is a full-time student can receive coverage of up to 50 percent of his or her parent's SSDI benefits amount as long as the child is not married. This type of coverage is known as auxiliary benefits. In certain cases, the grandchild of an SSDI recipient can also receive auxiliary SSDI benefits.

Last modified on

Posted on in Divorce
 In Illinois, you have the right to divorce a spouse who is missing or hiding, whether or not their absence is intentional. The process of notifying a missing person of the legal action is known as service by publication. Under the Illinois Code of Civil Procedure (735 ILCS 5/2-206), you or your attorney may file an affidavit proving that your spouse is unable to be served by traditional means. You must make a good faith effort to locate your spouse. A good faith effort includes activities that are reasonable such as:
  • Researching and checking last known residences
  • Contacting last known employers
  • Reaching out to the family and friends of the spouse
  • Performing searches online
If your spouse serves or has served in a branch of the Armed Forces, you may be able to use military resources as well. Illinois courts want to know that every reasonable option has been exercised to find your spouse to inform him or her about the impending divorce. As a last resort, you may use service by publication. This means that the person is served by posting a notice about the dissolution of marriage in a newspaper in the jurisdiction where you will file. If there is no newspaper in that county, you may post a notice in an adjoining county newspaper. The notice will include details such as the action being taken (divorce), the name of the court, title of the case, your name and your spouse’s name, and a time period for the action. You are advised to consult with an attorney before beginning this process because there are specific actions to follow. In a divorce, properly filed paperwork is essential. Experienced St. Charles divorce attorneys will not only help you to remain compliant with state laws, but also help you to understand the process and answer questions. Divorce can be an emotional time; do not try to walk through it alone. If you need help navigating a divorce with a missing spouse, please contact a knowledgeable St. Charles, Illinois divorce attorney today.
Last modified on

Posted on in Divorce

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.  
Last modified on
Back to Top