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Posted on in Divorce
RigsDeciding to file for divorce is a hard decision. Alas, at times, divorce is the right choice. This is often the case for young couples who have fallen victim to youthful haste and have gotten married without thinking it through. Though there are plenty such couples who have long and happy marriages, there are many who realize their mistake and decide to file for divorce. We should note that this post is about divorce after a short marriage, and not annulments. In cases where the marriage is relatively brief, couples may avoid lengthy divorce proceedings by following Illinois simplified divorce procedures.  Couples that follow this route usually do not have children, have not accumulated substantial assets during their marriage and tend to agree that the marriage was a mistake. Simplified divorce procedures are desirable because they are cheaper, less emotionally charged and allow parties to focus on their post-divorce life. In order to file for a simplified divorce, couples must file a joint petition certifying that:
  • Neither party is dependent on the other party for support or each party is willing to waive the right to support.
  • Irreconcilable differences have caused the irretrievable breakdown of the marriage and the parties have been separated for at least six months.
  • The wife is not pregnant and no children were born or adopted during the marriage.
  • The marriage was shorter than eight years.
  • Neither party has any interest in real estate property.
  • The parties combined gross income is below $34,000 and their marital property is worth less than $10,000.
  • The parties have disclosed their assets, and
  • There is a written agreement for any marital assets and liabilities.
Obviously, these requirements make this option not viable for many couples. Even then, the statute recommends that the parties still consult an attorney to ensure they follow the required procedures. If you are considering a simplified divorce, consult an experienced Illinois family law attorney.
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Posted on in Divorce
According to a recent report by the Huffington Post, Dwayne Wade's six-year divorce saga has finally ended in a settlement. Wade married his high school sweetheart, Siohvaughn Funches, in 2002 and Wade initially filed for divorce in 2007. TheresaSome people would say that Funches did everything that she could do to make Wade look bad, and most of her efforts backfired. At one point, she made allegations that she was homeless even though Wade had been providing her with over $25,000.00 in income on a monthly basis. On top of that, he has been paying the mortgage for the home that they used to share along with the maintenance of the home and the security. He also left four motor vehicles with her. He has picked up the fees for all 16 attorneys that she has gone through over the years. Despite the heated battle and her attempts to sully his name, Wade was awarded sole custody of both of their children in 2011. In the settlement, Wade will pay Funches a lump sum of $5 million and she will be allowed to keep the mansion and all four vehicles. Because of the controversial nature of their divorce, there was also a non-disparage agreement signed by the both of them stating that neither one of them is permitted to publicly say anything bad about the other. Funches filed a lawsuit against Wade, alleging that he failed to pay her from the endorsements deals based on an agreement that was established in 2008. The judge dismissed the motion on that case. Emotions will be high when it comes to divorce. Whether you are not dealing with the millions of dollars and assets that were at stake in this case or not, you can still use the assistance of an experienced Illinois family law attorney in your divorce.
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Posted on in Kane County divorce attorney
Getting back into the dating game after being in a marriage for a long tim can be interesting, to say the least. While there are laws about things that you should and should not do, according to the Huffington Post, there are a few things that you should keep in mind as you are preparing for the single life. Do not Focus on What Your Ex is Doing Theresa Dating after Divorce This is not the time that you need to keep up with your ex. Do not worry about whom they are dating or how many dates they go on weekly. You absolutely do not have to prove anything by one upping them on the dating game. This is not a race and you should not put any pressure on yourself to go on dates until you are ready. Do not force it. Know What you Don’t Need While you are getting acclimated to life after divorce and not sharing your space with a significant other, do not fool yourself into thinking that all change is bad. There is nothing wrong with spending some time alone. You do not need a new boyfriend or girlfriend to be there with you all the time. This is a time of healing. If you do not afford yourself the time to heal, you will only be carrying baggage into the new relationship. Save the Intimacy for Later Loneliness can make you do crazy things. After going through a break up of any kind, you will love getting attention from the opposite sex. Attention is fine, but that does not mean that you should jump into bed with the first person or the first few people that give you that much needed attention. Being in a long-term relationship can cause you to lose a little bit of yourself. Take this time to get to know you before introducing yourself to the dating world. While your Kane County divorce attorney may not give you dating tips, they can definitely help you with any questions that you have regarding your divorce.
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Posted on in Divorce
Rigs property divisionNext to child custody, property division is the biggest source of disputes that arise during a divorce. Even when parties intend to divide the property amicably, it is not uncommon for disputes to arise. In some cases, disputes over property are manifestation of the rancor usually associated with divorce. In other cases, property disputes are the result of improper planning both before and during the marriage. A common problem is the division of non-marital property; property that at one point belonged to only one spouse. Common examples of non-marital property include inheritances, assets acquired before the marriage and assets acquired after the marriage. Marital property, on the other hand, belongs to both spouses. Examples include the marital home, retirement benefits and all other assets acquired through marital efforts. Typically, only marital assets are subject to equitable division in Illinois. The judge will take into account several factors to determine how to divide the marital assets to reflect the realities of the marriage. Non-marital property, on the other hand, will generally not be part of the martial estate, thus not subject to equitable division, with one big exception. Under the concept of transmutation, a property that originally started as non-marital property, may turn into marital property and become subject to equitable division. This can happen through a variety of the ways. For example, the party owning the asset may voluntarily agree to add the other spouse’s name on the title. Or, a couple uses a non-marital checking account to make deposits and purchases during the marriage, making it part of the marital estate. Yet another example is when one spouse inherits a home, but that the couple uses it as the marital residence and spends marital income to pay taxes, maintain and fix it. In this case, what started as a non-marital home would likely become part of the marital estate and be subject to equitable division. Fortunately, proper planning can avoid these issues. If you have questions about property division or how to protect yourself, please contact an experienced Illinois family law attorney to ensure that you protect your assets.
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Posted on in Divorce
Theresa child custodyBreaking the news of your divorce to your children is not an easy thing to do. Chances are that they know someone whose parents have gone through a divorce, but they may have thought that this could never happen to their own family. Children will often be afraid that they will not have both of their parents in their lives anymore or that they will not be well taken care of. There are a few things that you need to be mindful of to make it a bit easier on the children. Know what you are going to say There are many times as a parent that you just wing it when responding to hard questions. This is not an appropriate time to make up responses as you go. You and your spouse need to know and agree on what you are going to say to your children. Do not throw the blame on the other parent. Even if the divorce is not mutually agreed, you have to keep your kids in mind when breaking the difficult news. You don’t have to go into the specifics of why the divorce is happening because they do not need to be privy to the more adult details. Make sure that you talk to the children together. Reassure them that you both love them very much and that will not change. Explain to them what will happen next as far as one parent leaving the home etc. After you break the News This is going to be very emotional for your kids. They may feel as if their worlds are crumbling and they may feel like they are losing a parent. Take special care to not fight in front of your children or say bad things about the other parent, even if you don’t think that the children can hear you. Try to keep your emotions in check while you are around your children because that may make them feel even more insecure about their futures. When it comes to a child custody agreement, you will need to consult with an experienced Illinois divorce attorney that will have the best interest of you and your children in mind.
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