Posted on September 16, 2024 in Marital Property

As the legal landscape around marriage continues to evolve, same-sex couples in Illinois are facing unique challenges in divorce proceedings, particularly regarding non-marital property. With the historic changes in the types of legal marriage over the last decade plus, many same-sex couples find themselves marrying later in life, often leading to a significant accumulation of non-marital assets before they say, "I do." If you are seeking to dissolve your same-sex marriage, an Illinois divorce lawyer can assist you in ensuring you understand the asset division process, including how non-marital property is handled.

Marital vs. Non-Marital Property

In Illinois, property division during divorce starts with the classification of assets. Non-marital property is made up of assets owned by one spouse prior to the marriage, as well as gifts or inheritances received by one spouse during the marriage. For same-sex couples who marry later in life, this distinction can have major implications. It is essential to identify what assets are non-marital to ensure fair division if the couple splits. For couples who have been together for many years prior to getting married, there can be strong disagreements about how property should be classified. 

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 Posted on September 11, 2024 in Child Custody

When dealing with child custody disputes, mediation offers a pathway that prioritizes collaboration over confrontation. In Illinois, this process is designed not only to help parents reach agreements but also to minimize the emotional turmoil that often accompanies custody battles.

Consulting with a lawyer can provide invaluable guidance as you prepare for mediation, ensuring that your rights and the best interests of your child are protected. By participating in mediation, parents can take an important step toward creating a stable environment for their children. Understanding how to approach this process effectively can make the difference between a bitter struggle and a constructive partnership.

Understand the Mediation Process

Mediation in Illinois features:

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 Posted on August 31, 2024 in Child Custody

Fathers often confront unique obstacles in Illinois divorce cases. Understanding and anticipating these obstacles can better prepare dads for navigating the complex legal and social landscape of divorce, ensuring their rights and interests are fully protected. If you are a dad about to embark on a divorce, contact a lawyer.

Child Custody Issues for Divorcing Fathers 

One of the most hotly contested issues in a divorce is child custody. Illinois regards the child's best interests as the most important consideration when figuring out custody recommendations. Sadly, this can sometimes lead to bias against fathers. Many fathers worry that they may not receive equal parenting time or joint custody, especially if traditional gender roles influence the perception of caregiving.

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 Posted on August 28, 2024 in Divorce

During a divorce, people sometimes feel that, for whatever reason, the odds are stacked against them. Such a situation begs the question: How can someone going through a divorce improve his or her chances of achieving a favorable outcome? The answer is obtaining qualified, experienced, and skilled legal counsel through an attorney.

Aside from leading you through your Illinois divorce proceedings, attorneys play a crucial role in presenting your case to the Judge and Court in a way that increases your probability of achieving a settlement in your favor. Here are some effective strategies that a great lawyer will use to make a compelling case for the Court on your behalf.

Strong Legal Arguments

A skilled lawyer knows how to construct persuasive legal arguments in a Courtroom. They do this by:

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 Posted on August 15, 2024 in Spousal Support

Within the turmoil of divorce, many couples may find themselves grappling with the question of whether spousal support, also known as alimony, is relevant to their divorce case. While alimony can be a crucial aspect of some divorces, this is not guaranteed to be a factor in all divorces. Understanding when spousal support may not apply can save you time, stress, and, most importantly, money. Here are three key signs that suggest spousal support might not be relevant to your situation, and how a lawyer can help.

These Signs May Suggest Spousal Support is Not Relevant in Your Divorce

Both Parties Are Financially Independent

If both you and your spouse are financially independent, the necessity for spousal support could be minimal or non-existent. For example, if both parties have stable incomes, similar earning potentials, and adequate living situations, a Court is less likely to award spousal support. In these cases, the focus will likely shift more toward property division and child custody arrangements.

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 Posted on August 05, 2024 in Child Custody

Parenting after divorce can be tough, and conflicts commonly arise. In Illinois, creating a well-planned, workable parenting plan can make a world of difference for both parents and children. A good parenting plan, created with the assistance of a family law attorney, offers clear guidelines and expectations, helping to reduce misunderstandings and tension. Here are three effective ways that these plans can help ease conflict.

Clear Communication Guidelines

Many disagreements between co-parents stem from poor communication. A parenting plan can set up clear ways for parents to talk to each other in ways that are documented and less likely to devolve into arguments. For example, parents might agree to use a specific app or email to share important updates or to have regular phone calls to discuss their children's needs.

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 Posted on August 01, 2024 in Divorce Decree Modification

After the gavel falls and the divorce decree is finalized, life's unpredictable nature does not necessarily care about the difficult process you just experienced. In Illinois, the law allows for post-decree modifications to existing divorce settlements that address significant changes in life circumstances. But how do you know if you require a post-decree modification? If you believe your divorce decree needs to be modified, contact an attorney to start the process.

What is Post-Decree Modification?

A post-decree modification refers to any changes made to the final divorce judgment. This could involve alterations in child support, spousal maintenance, custody arrangements, and more. These modifications are not automatic or granted on a whim; substantial changes in circumstances must be demonstrated to justify a post-decree modification. In many cases, Courts will not approve modification requests less than two years after a divorce has been finalized.

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 Posted on July 29, 2024 in Division of Property

Going through a divorce is tough, especially when you need to split up not only the assets but also the debts. In Illinois divorce, figuring out how to divide debt can be tricky, requiring the assistance of a trained attorney. During this process, you need to ask the right questions to make sure everything is fair. Here are some key questions you should consider if you have debt to divide in your divorce.

Did Your Spouse ‘Run Up' the Balance on a Shared Credit Card?

Here is what to keep in mind:

• Timing matters – When did the balance increase happen? Was it before or after you decided to get a divorce?

• Intentional spending – Is there evidence that your spouse intentionally increased spending in anticipation of the divorce to burden you with more debt?

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 Posted on July 20, 2024 in Marital Property

High net worth divorces often involve diverse and complicated assets. Unlike standard divorces, where property division might be more straightforward, splitting wealth in high net worth cases poses unique challenges that can complicate divorce proceedings. Understanding the types of assets commonly involved in high net worth divorce cases can help you navigate the complexity of asset division more smoothly. And remember, no matter the type of divorce you are facing, hire an experienced Illinois divorce lawyer to guide you through the process.

Real Estate 

When facing a high net worth divorces, a couple's real estate portfolio usually extends far beyond a single-family home, perhaps including multiple residences, commercial properties, and even international holdings. Each property can present its own set of challenges.

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 Posted on July 04, 2024 in Divorce

Divorce is an often intimidating process filled with uncertainty and strong emotions. Whether you are contemplating divorce or already are in the midst of one, consulting with an Illinois divorce lawyer is a crucial part of the process. Going into this consultation with a clear understanding of what you need to know and what you can expect from an attorney will help you set reasonable expectations, which will help the entire divorce process go more smoothly. Here are three essential questions to ask during a divorce consultation to help you better understand and navigate this difficult time.

How Much Can I Expect My Divorce to Cost?

One of the first things people worry about when considering a divorce is how much it will cost. The cost of divorce varies widely depending on many factors, such as the complexity of your case, whether the divorce is contested or uncontested, and the attorney's rate.

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