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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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IL divorce lawyerFor many people, a home is not just the place where they live and form memories, but is also a valuable asset, which makes addressing ownership of these properties particularly important during divorce proceedings. Unfortunately, deciding who, if anyone, will retain the family home upon divorce can be difficult, especially when both parties have an emotional attachment to the residence, so if you are contemplating divorce and you own your home, it is important to contact an experienced Lombard, IL property division lawyer who can help protect your interests.

Dividing Marital Property

One of the first things that a divorcing couple should address when deciding the fate of the family home, is whether the residence actually qualifies as marital property. This is an important assessment, as it is only marital assets, or assets that were acquired by either party after the marriage took place, that will be subject to equitable division upon divorce. Generally, those who bought their home with their spouse won’t have to worry about this requirement, even if only one party’s name is on the deed. If, on the other hand, a person or his or her partner purchased the home prior to marriage, it could constitute separate property, which would mean that it would belong to the original owner exclusively upon divorce. The only exception to this rule applies in cases where both parties helped contribute to the home’s upkeep during the marriage. In these situations, the asset could be considered commingled and so the property of both parties to some degree.

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IL family lawyerDue to changes in Illinois state family law, child custody is now referred to as parental responsibilities, still, the definition remains the same. If a parent is awarded parental responsibilities, they will essentially be granted custodial privileges. In the state of Illinois, parents can be awarded decision-making power as well as parenting time. While many couples seek to secure the overwhelming majority or all of the parental responsibilities in a divorce, the truth is that sharing parental responsibilities can be in your child’s best interest. If you are seeking a divorce, it is critically important to speak with a knowledgeable parental responsibilities attorney.

Your Child Maintains a Relationship With Both Parents: While visitation rights can still be granted in a divorce in which one parent is awarded all parental responsibilities, a child can benefit greatly from living and experiencing life with both parents. If you and your spouse both believe that you are capable parents, it may be time to work with your attorney to come to an agreement on the issues surrounding parental responsibilities, such as parenting time. Working with your spouse to develop a parenting plan can ensure that you have the flexibility to develop a schedule that will be conducive to your child’s lifestyle.

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IL divorce lawyerWhen a court order is established regarding child support payments or child custody, it is meant to last, but that does not mean it is not subject to alterations. In the state of Illinois, post-decree modifications are common in court order surrounding divorce. Whether you are looking to adjust your child support or child custody order, it is important to understand the steps you need to take to ensure those changes can be made. The most critical step you can take in this process is hiring a skilled attorney with experience in cases of post-decree modifications.

Understanding Post-Decree Modifications

At the conclusion of a divorce case, a judge will sign an order or decree that will resolve various issues surrounding the divorce. In order to seek a modification to the order, you will need to file a motion. If you believe changes are necessary to the order, it is important to file the motion in a timely fashion. It should be noted that in order to seek post-decree modifications you and your attorney must be able to note significant changes that have occurred since the time of the initial order. In issues of child support, these changes most commonly revolve around changes in either parent’s income. If you are paying child support to your former spouse and you lose your job, you should file a motion to adjust the amount of child support owed, rather than being delinquent on your child support payments.

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IL divorce lawyerWith the divorce rate rising on an annual basis, there is no doubting the fact that there are thousands of unhappy marriages throughout the United States. While most people would simply assume that all unhappy spouses would pursue a divorce, the truth is that things can get complicated. Things can become especially challenging to sort out when children are involved. Many Americans falsely believe that staying in an unhealthy marriage is the best thing they can do for the well-being of their child. In truth, pursuing a divorce and seeking happiness for yourself is oftentimes incredibly beneficial to the mental and emotional health of your children. If you are contemplating pursuing a divorce, it may be time to speak with a legal professional.

The Impact of Spousal Fighting on Children

If you and your spouse are unable to avoid verbal spats and other forms of fighting, it is likely that these conflicts are having an emotional impact on your child. Even if you believe that you and your spouse are able to keep your fighting away from your children, children are capable of sensing unhappiness. The tension in an unhappy marriage can lead to health problems such as social anxiety, depression, and lack of sleep. If the fights escalate into physical abuse, it is critically important to speak with law enforcement officials and remove yourself and your children away from your spouse in a prudent fashion.

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phone630-953-3000
fax844-272-5935
address2200 S. Main Street, Suite 317, Lombard, IL 60148
hoursWieczory i weekendy po uzgodnieniu