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Category Archives: Divorce

IL divorce lawyerDivorce is not only an emotional process, but it is also a legal one governed by many laws and procedural rules. People going through issues such as child custody, property division, and more are often not aware of how the legal process works and so, they make mistakes that end up hurting their case. To ensure you receive the fair settlement you deserve, read the most common mistakes made below, and how to avoid them.

Choosing the Wrong Kind of Divorce

Many people think that to get a divorce, they must enter litigation and go to trial. While this is sometimes the only option, it is not the first one you should consider. Litigated divorces take much longer, are more costly, and a judge may not return a decision in your favor. Options such as collaborative law and mediation allow you and your spouse to control the process, which can reduce the stress of the process and still help you recover a fair settlement.

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IL divorce lawyerFrom collecting financial records to starting to think about child custody arrangements, taking a few preparatory steps can make all the difference when it comes to getting ready for your divorce. To learn more about what is required to obtain a divorce in Illinois, please contact an experienced Lombard divorce lawyer who can help ensure that your divorce goes as smoothly as possible.

Addressing Your Finances

Some of the most difficult aspects of ending a marriage involve a couple’s finances. To help divorcing couples should be sure to start collecting important financial documentation, including:

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IL divorce lawyerWhen legally ending a marriage in Illinois, couples are required to divide their marital assets in an equitable manner. This makes the determination of whether an asset is marital or separate extremely important, so if you and your spouse are contemplating divorce and you have questions about whether you will need to share a certain asset, it is important to speak with an experienced Lombard, IL property division lawyer who can help you.

Separate vs. Marital Property

In Illinois, the date of a couple’s marriage is usually used to differentiate between the separate and marital assets of two parties. Generally, anything that one spouse owned before marriage will remain his or her property even in the event of divorce. On the other hand, anything purchased or acquired after a marriage takes place, whether by one spouse or by both spouses together, is considered marital property and must be divided in an equitable manner.

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IL divorce lawyerFor many couples, the family home is their most valuable asset, which can make deciding the fate of that residence especially complicated in the event of divorce. Fortunately, couples do have a number of options when it comes to deciding who gets the family home in the divorce, options that will depend largely on a specific set of questions, so if you and your spouse have decided to end your marriage, you should speak with an experienced property division lawyer in Lombard, IL who can evaluate your circumstances and advise you accordingly.

Is the Home Marital Property?

One of the most important questions that divorcing couples must address when going through the property division process is whether their home qualifies as marital property. Under Illinois law, a couple’s property is only subject to equitable distribution if it was acquired after the marriage took place. Otherwise, the asset will be considered separate property and remain in the sole possession of the original owner.

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IL divorce lawyerIt is important, when going through the divorce process, to be as thorough as possible when addressing things like property division, alimony, and child custody, which includes considering one’s future needs. Unfortunately, even parties who use the greatest care could end up overlooking an important matter. In other cases, one of the parties could undergo a significant life change that makes their current divorce agreement unworkable. In these cases, the party in question can seek a post-judgment modification, although doing so can be a complicated and time-consuming process, so if you have questions about changing a parenting plan, alimony agreement, or property settlement, you should speak with a DuPage County, IL divorce attorney who is well-versed in post-decree modifications and enforcement.

Modification Options

Divorce decrees are legally binding orders, so courts are generally wary of modifying their terms. In fact, in some cases, it just isn’t possible to change a decree at all. Illinois judges do, however, recognize that some things are out of our control, or that a person’s circumstances could change after a certain amount of time has passed. A child support arrangement that made sense even a few years ago, for instance, may become obsolete or unworkable, in which case, a court may be willing to review and change the terms of the agreement. In any case, there are really only two ways to modify the terms of divorce-related agreements: by agreement or court order.

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