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IL divorce lawyerWhen a couple decides to pursue a divorce, the complications that can accompany a separation can be daunting. Most notably, sorting through the financial aspects of a divorce can be incredibly nuanced. In many marriages, one spouse brings in a disproportionate amount of collective income. In the vast majority of instances, this is due to the fact that one parent spends more time at home taking care of the children. When the divorce is finalized, the spouse with less income often is left to wonder how they will live a financially sustainable lifestyle. Fortunately, a person can secure spousal maintenance in order to live securely post-divorce. Below we will discuss how spousal maintenance is calculated in Illinois, and how an attorney can assist you throughout the process of securing the maintenance you deserve.

Understanding Spousal Maintenance

Spousal maintenance is simply when one spouse is making payments to the other spouse after the divorce. When seeking fair spousal maintenance, from your former spouse, it is important to understand how maintenance is calculated in the state of Illinois. First and foremost, the income of both spouses is considered. According to a recent state law change, the payment is calculated based on a calculation that takes 20% of the payee’s income, subtracted from 30% of the payor’s income. The final calculation will then be added to the payor’s total income. The payment will be solidified as long as the payment plus the payor’s income does not equal more than 40% of the total income of both parties.

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IL divorce lawyerDespite the fact that approximately half of all marriages end in divorce, many American couples believe that a divorce is entirely impossible for them and their spouse. Unfortunately, divorces are just a natural way of life. Whether brought on by dishonesty, financial issues, or differing philosophies on how to raise children, divorces are incredibly common throughout the United States. Yet still, the vast majority of couples fail to put any preliminary plan into action to prepare for the possibility of a divorce. Below we will define and examine what a prenuptial or postnuptial agreement could mean for you and how your attorney can assist you in crafting a premarital or postmarital agreement.

What Are Prenuptial and Postnuptial Agreements?

A prenuptial agreement is an agreement made prior to the marriage. This agreement usually determines how various issues such as allocation of marital assets and property will be resolved in the event of a marriage dissolution (death, divorce, etc.). A prenuptial agreement is increasingly important in a marriage in which one party is entering the marriage with a significant amount of resources, such as another property or a business developed prior to the marriage. Prenuptial agreements are also often crafted in circumstances in which a person is entering a marriage with children from a prior marriage. The prenuptial can dictate that a significant amount of their assets will be passed down to their children rather than just their soon-to-be spouse. A postnuptial is a comparable agreement, the only difference is that a postnuptial is crafted after the wedding is official and the couple is married.

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IL family lawyerHere in the United States, it is well documented that approximately half of all marriages end in divorce. A divorce can be a challenging time for all parties involved, especially the spouses separating. When children are involved in the divorce process, a resolution can be hard to come by. In cases of domestic violence or narcotic abuse, it is necessary for a spouse to secure sole custody rights of their children. Yet in the vast majority of cases, a joint custody parenting plan can be the right choice. As you plan for a divorce, it is important to seek out the guidance of an understanding legal team, that can help you navigate the process of separation.

The Benefits of Joint Custody

As you begin your life independently from your spouse, every parent’s top concern is the wellbeing of their children. While a joint custody parenting agreement can present some challenges, the benefits in terms of child development can far outweigh any adversity.

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IL divorce lawyerOn an annual basis, thousands of Americans make the difficult decision to pursue a divorce. A divorce can be an emotionally turbulent process. Without proper planning and competent legal guidance, one can come out of a divorce in less than ideal financial standing. As you prepare for the divorce process, it is critically important to speak with your legal team regarding the aspects of your separation, that are most important to you.

Crucial Factors in Divorce Litigation

Throughout your divorce, you need to understand the way in which certain aspects of your divorce can seriously impact your future. Fortunately, a quality legal team can help you smoothly navigate these issues.

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IL divorce lawyerThe Illinois Supreme Court has defined dissipation as the “use of marital property for the sole benefit of one of the spouses for a purpose unrelated to the marriage at a time that the marriage is undergoing a breakdown.” Gambling is an example of a dissipation.

Gambling can hinder marriage, finances, and family life. If you are in the process of divorcing a spouse with a gambling problem, you likely have many questions about how gambling affects divorce. Let’s take a closer look at how a spouse’s gambling addiction, as well as the behaviors that stem from it, play a role in divorce proceedings.

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phone630-953-3000
fax844-272-5935
address2200 S. Main Street, Suite 317, Lombard, IL 60148
hoursEvenings and Weekends by Appointment