Posted on November 27, 2023 in Divorce

Credit card debt is a widespread issue across America and poses a particular challenge during divorce. If either spouse has student loans, a mortgage, personal loans, or credit card debt, what happens to it will be decided as part of the debt division to be settled in divorce proceedings. If you are considering divorce and are concerned about your spouse’s credit card debt, a knowledgeable divorce lawyer can offer insight into the process and help you protect your rights.

How Is Debt Distributed in Illinois?

Illinois is considered an "equitable distribution state" for the division of both assets and debts. This means that decisions about how assets and debts will be distributed in divorce will be guided by the goal of ensuring that neither spouse is unfairly financially disadvantaged. However, several other issues will be taken into consideration, including:

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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.

Knowledge Is Power

It is safe to assume that newly engaged couples setting out to get married are not typically thinking about how they would split their assets in the event of a hypothetical divorce. Even so, prenuptial agreements and even postnuptial agreements are a way for married couples to plan for something they hope will never happen. When you are young and healthy, you do not necessarily want to think about your eventual death. Nevertheless, many people draw up a will years before it would be relevant just to help make future planning that much easier. However, there is no parallel document regarding child custody. Not only would it be unusual for new parents of a newborn baby to try to think about how they would arrange child care in the event of a hypothetical divorce, but no document or agreement currently exists in US law for parents to plan how they would raise their shared children in such a case.

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 Posted on November 20, 2023 in Divorce

Many parents struggle to maintain their previous work schedule once they have children. It can be difficult just handling the basics of dropping them off at school on time and bringing them after school when you are expected to be at work around the time school starts and your workday lasts longer than the school day. A long commute can make it nearly impossible. When you consider that many children also have extra-curricular activities, medical appointments, or special needs, the logistics alone can be too much to handle for a working parent. This leads many families to decide that one parent should not work and instead be a stay-at-home parent. If you are a non-working parent and are concerned about financial issues after divorce, a DuPage County, IL divorce lawyer can work together with you on a plan to protect your rights.

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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 14, 2023 in Child Custody

There is a common assumption that if a couple has children, the mother will automatically get most of the parental rights and responsibilities in a divorce: the mother will get full custody and the father will only be able to visit with the children; the mother will have all decision-making rights for the children, regarding their schooling or healthcare or anything else; the father will pay child support and the mother will be the main parent in the child’s life. These assumptions are no longer accurate.

Every state has its own laws for this section of the law, and even within each state, every divorce is unique. There is no hard rule about "all" divorces being decided in any certain way. That means there is no reason to assume your spouse will get all the parental responsibilities in a divorce. If you are a father and are considering divorce, an experienced DuPage County, IL, divorce lawyer will be able to answer any questions and explain what you can expect with knowledge and sensitivity.

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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 07, 2023 in Divorce

While it is true that no two divorces are the same, there are still some issues that commonly come up. Whether the two spouses are splitting up amicably or are unable to even make eye contact, they will still generally need to figure out asset division, spousal support, and property division. And regardless of how easily a couple can reach agreements about all those things in a divorce, child custody issues are commonly difficult to work out.

A couple can be ending their marriage on great terms and still find it nearly impossible to formulate a plan for how they will raise their children in this new dynamic. Also, parents can sometimes be so wrapped up in worry about the divorce settlement they might not always feel able to keep their children’s best interests at the center of their minds.

In such cases when parents cannot agree on how their parental responsibilities should be divided in divorce, a guardian ad litem, or GAL, can be appointed by the court. This is a legal representative specifically tasked with advocating for the child’s interests. If you believe an acrimonious divorce may be in your future, it might be good for you to understand what exactly a GAL does. An experienced DuPage County, IL child custody attorney can answer your questions and help prepare you for the next steps in your divorce.

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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.

Similar to a prenuptial agreement, a postnuptial agreement will aim to:

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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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