Dating after Divorce

 Posted on August 07, 2013 in Kane County divorce attorney

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How Divorce Affects Joint Ownership of Assets

 Posted on August 04, 2013 in Division of Property

Family law attorneys work hard to be advocates for their clients. Their true value lies not only in their legal expertise and experience, but also in their ability to think clearly in an emotionally charged situation, when clear thinking is crucial. Even in uncontested divorces, it is important to have a Kane County family law attorney who can identify and resolve complex issues. In cases where there is joint ownership of tangible assets, divorce attorneys can ensure proper division of those assets and execution of the required legal forms. For example, if a couple owns a home jointly and the home still has a mortgage on it, they may agree that one spouse will take over ownership and make mortgage payments. If this is not done correctly, however, it is a formula for disaster. Even though now one party has legal title, both parties are still on the hook for the mortgage; banks do not care that there was a divorce, and they will not agree to remove spouses from mortgages just because they no longer live in or own the property. In these cases, an experienced divorce attorney will ensure that any property division contains a clause that requires the spouse who takes over the property to refinance it under only one name. Otherwise, one may be on the hook for a property in which they no longer live. If it sounds like speculation, it is not. Divorce law is full of cases where one party took possession of the home, but could not keep up with the payments or secure financing, causing the bank to foreclose on the home. In these cases, both parties would be part of the foreclosure proceedings, meaning that both credit scores would suffer and both parties would be responsible for any deficiency judgments. Parties can avoid these issues with proper legal representation. We cannot foresee everything, but an experienced Kane County family law attorney can go a long way towards planning for them.

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Non-Marital Property in Divorce

 Posted on July 30, 2013 in Divorce

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Domestic Partnership vs. Marriage

 Posted on July 26, 2013 in Divorce

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How to tell your Kids about Divorce

 Posted on July 22, 2013 in Divorce

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New Study Links Money Arguments to Divorce

 Posted on July 19, 2013 in Divorce

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Celebrity Chef and Art Collector to Split

 Posted on July 17, 2013 in Divorce

According to MyFoxChicago, “celebrity chef Nigella Lawson and art collector Charles Saatchi say they intend to conclude a ‘swift and amicable’ divorce” by the end of July. Neither plans to receive any financial help from the other—meaning that an amiable divorce is all the more likely. According to MyFoxChicago, Lawson and Saatchi “separated after a newspaper published photos last month of Saatchi grasping his wife’s throat during an argument at a London restaurant.” Lawson hired “powerhouse divorce lawyer” Fiona Shackleton, who has previously represented bigwigs such as Paul McCartney and Prince Charles. Saatchi, on the other hand, will represent himself for their initial divorce decree, which is due to be announced at the end of July.   Unlike Lawson and Saatchi’s split, many celebrity divorces are mired in tabloid- loving money issues for extended periods of time. Others make headlines for the outrageous settlements reached. Katie Holmes is thought to have received nearly $20 million after her split from Tom Cruise, not including the amount of child support she sought, according to the Huffington Post. Michael Jordan, reports the Huffington Post, reportedly paid $168 million to his ex-wife Juanita “when the 17-year marriage ended in 2007.” While average Americans don’t deal with numbers quite like these, reaching a settlement during a divorce can be costly and overwhelming for both parties. According to Chicago Magazine, “for a contested divorce that ends up in court, the parties will spend, on average, $20,000 to $25,000.” Working with a qualified family lawyer, however, to reach an uncontested split could be worth it. “Mediation isn’t for everyone,” reports Chicago Magazine, “especially not for openly hostile couples,” but if you and your soon-to-be-ex think you could work with out, it could save you thousands down the road. If you or someone you know is considering divorce , especially if you want it to be amiable, contact a Kane County divorce attorney today. Image courtesy of imagerymajestic / FreeDigitalPhotos.net

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Victims of Domestic Violence

 Posted on July 12, 2013 in Divorce

The first step that many people take when trying to get out of an abusive relationship is to obtain an order of protection. To prevent domestic violence, an order of protection, or restraining order, is a legal document that states that the abuser must stay away from the victim for a certain amount of time, and that the abuser can be arrested for violating the order. A person can obtain and order of protection by requesting one after criminal charges have been filed against the abuser, asking a Kane County family law attorney to request one, contacting your local domestic abuse hotline or by asking for one yourself at the local clerk’s office. Some people, after being abused still decide to move away to get away from their abuser. If you decide to stay in a place where your abuser can get to you though, you should take precautions at your home to protect yourself. Change your locks in case your abuser has a key, add a security system including outside lights and smoke alarms and arrange for your work calls to be screened. Also ask neighbors to call the police if they see the abuser and always report violations of an order of protection. If you choose to leave and get away from your abuser, be sure to involve the police for safety and bring with you the following:

• ATM cards, credit cards and your checkbook

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Divorce Finances- Planning for Your Future

 Posted on July 07, 2013 in Divorce

Divorce is very troublesome and exhausting for everyone involved. Not only has a relationship that was supposed to last a lifetime fallen apart, but children must adapt, and finances must be split. The couple has to split their assets and money and create new, separate, homes. Along with the emotional turmoil, there are also plenty of financial difficulties as well. To be prepared for the financial burden, follow these steps:

• Document your finances from the last five years. Include tax returns, investments, and assets like your home, vehicle and liabilities. This will be helpful to determine child and spousal support and especially if you believe that your spouse is hiding anything from you.

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Order of Protection Hearings

 Posted on July 03, 2013 in Family Law

[caption id="attachment_459" align="alignleft"] A Kane County family law attorney can help you today if you´re facing abuse.[/caption] Unfortunately, abuse within a household is too common and often occurs between spouses. If a person abuses his or her spouse one time, then it is very likely that it will happen again. It is important for the abused to get out of the relationship and get protection from the abuser as soon as possible so that the abuse will be stopped for good. Orders of Protection are granted for a person if they fear for their safety from another person, and are sometimes known as restraining orders. There are different types of orders, depending on how quickly the order is needed, and for how long. Hearings for Orders of Protection are held just as any other court case. The accuser speaks first, explaining why the order is needed, then the alleged abuser has an opportunity to defend himself or herself. The judge then decides whether or not an Order of Protection necessary. There are no juries at these trials. This decision may take anywhere from a few hours to a few weeks. One of the types of Orders is an Emergency Order of Protection, which can be granted in addition to a long term order during the weeks between the hearing and the decision. If the accused chooses to not be present on the day of the court appearance, the hearing will go on without them and the judge will make a decision based only on the accuser’s argument. If the accused believes that the court will side with the accuser, it is even more important for the accused to show up to the hearing so that he or she can present his or her side of the case. Although there is no jury, both parties do have the right to an attorney at your Order of Protection hearing. Contact a Kane County family law attorney for assistance. Goostree Law Group will help you with your Order of Protection hearing today.  

Photo courtesy of Ambro/FreeDigitalPhotos.com

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