Posted on May 11,2023 in Chicago divorce attorney

Going through a divorce can be difficult and can take a toll on you emotionally. Updating your estate plan during this time can make things more complicated. It is essential to examine and validate that your will, trust, power of attorney, and beneficiary designations are accurate for your current situation and that your assets are safeguarded in line with your desires.

Updating Your Estate Plan

One of the most important things you can do is review and update your estate plan while going through a divorce. This process involves evaluating your will, trust, power of attorney, and named beneficiaries to make sure they match your current reality and protect your assets according to your wishes.

Without updating your estate plan, you may find yourself in a situation where your ex-spouse is able to take control of assets that were meant for someone else after your death. This could include inheritances, IRAs, health insurance plans, and more.

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 Posted on May 04,2023 in Chicago divorce attorney

Divorce can be challenging, particularly when there are children involved. The difficulty increases when the children have special needs, as they need extra care and resources. With the right resources and knowledge, you can go through a divorce with less overwhelm. Here are some areas you should know about.

Child Custody and Support

When parents with special needs children divorce in Illinois, determining child custody and support is a significant issue. The child’s well-being is the top priority when custody decisions are made. This considers the child’s physical and emotional needs, the parent’s capability to care for the child, and the child’s bond with each parent.

If a special needs child needs more care or support, it can affect how custody is handled. The parent who has been the main caregiver and has a close relationship with the child may be more likely to get primary physical custody. However, joint custody may be a better option if both parents have been equally involved in the child’s care.

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 Posted on April 24,2023 in Divorce Finances

A divorce entails much more than simply the ending of a marriage. Parties must also divide and allocate property or assets earned throughout the marriage. This can often be a difficult task for parties. This process involves thorough and thoughtful negotiation, however, if the parties are going through a difficult divorce, then there might be some fear that a party may be hiding assets from the other. Hiding assets is not only unlawful, but if caught, it can significantly impact the overall outcome of the divorce. If you believe your spouse could be hiding assets from you, knowing what to look out for is essential so you can act on it promptly.

Things To Look Out For

Almost every aspect of a divorce revolves around finances. In some cases, a spouse will try to get an advantage by undervaluing certain assets, overvaluing debts, or even failing to disclose assets. If you are getting a divorce and fear that your spouse may be trying to manipulate the outcome by hiding assets, here are some things to look out for:

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 Posted on April 21,2023 in Child Custody

Divorce can be a very taxing thing to go through, especially if there are children involved. It is in the best interest of both parents and the child for the parties to negotiate and work together to negotiate the best way to decide custody. Each parent should create a parenting plan, either together or separately, that outlines how they want to share parental responsibilities and parenting time. An IMDMA's parental allocation follows the general concept of custody but allows for more flexibility and detailed arrangements. Under Illinois law, caretaking functions include:

• Supervising the child’s safety and well-being
• Providing meals, bathing, grooming, and clothing
• Providing transportation to school, activities, or appointments
• Obtaining medical care or treatment for the child
• Monitoring the child’s academic progress
• Help with homework, studying, or other school-related tasks

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 Posted on April 18,2023 in Division of Property

In Illinois, the division of assets is split equitably between the two parties. However, things can get complicated when distinguishing between marital property and non-marital property. Everything that is gained and bought during a marriage may be considered to be marital property. But, under unique circumstances, what is considered equitable may vary. It may be in the parties' best interest to work together, as well as with an experienced divorce attorney who can help navigate through this process and help make sure that your property and assets are protected from division.

Property Rights

Property purchased, sold, or owned by a married couple is similar to a single person who does these things. Once a party files for divorce, the court prohibits both of them from disposing of property in any way without the court's permission. The court will decide the right way to divide the property.

Marital Property

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 Posted on April 14,2023 in No Fault Divorce

In January 2016, Illinois changed how divorce laws perceived "fault" grounds for divorce. Before the change, things such as impotence, polygamy, adultery, abandonment, substance abuse, or felonies were just a few things someone would need to prove to be granted a divorce. The only ground for divorce now is irreconcilable differences, making Illinois a no-fault state. This can be relatively straightforward if the parties have lived separately for at least six months. This is a good first example of what it could mean to have irreconcilable differences, although its definition varies. However, if the parties have not been living separately, do not worry because a judge does consider that sometimes during a divorce that there can be various reasons as to why a party may not be able to live separately during this time, whether it be financial reasons or family reasons, the judge will consider this

What Is a No-Fault Divorce?

A no-fault divorce means there does not need to be a specific reason why two people have decided to separate. It is easy to think that a divorce must have meaning. However, that is not the case. The choice to get a divorce is both subjective and personal. Responsibility for the end of a marriage will not play a role in how assets are divided and typically does not affect other decisions made during the divorce. Divorce is a difficult thing to go through, and it can cause a lot of hurt feelings on both sides. However, from a legal standpoint, the reason for a divorce is not relevant.

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 Posted on April 12,2023 in Child Support

If there have been changes to your child’s needs or a parent’s financial situation, modifying your child support order might be necessary. An Illinois child support order can be reviewed for modification every three years. Still, if there are significant changes in circumstances, the court may allow the modification to happen before the three-year mark. You must file the correct paperwork when deciding to make modifications. A child support attorney can help.

Grounds for Modification

The court will then listen to your case if it has one of the following:

• A substantial change in either parent’s financial situation
• It has been at least three years since the child support plan was put into order
• If the previous order did not address healthcare coverage for the child
• If a written request is for review by DCSS from a custodial parent, non-custodial parent, or another state

Reasons For Modifications

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 Posted on April 07,2023 in Chicago divorce attorney

Getting divorced can be a challenging time in many people’s lives. It is essential to be prepared for the many difficult aspects of divorce. The more prepared you are the swifter and easier the divorce process will be. It is in your best interest to work alongside an experienced divorce attorney and to have things prepared before you begin the divorce process.

What Kind of Divorce Do You Want?

There are a few different types of divorce processes that couples can go through.In Illinois, divorce is recognized as:

• Uncontested divorce
• Contested divorce
• Mediated divorce
• Collaborative divorce
• Joint simplified dissolution

Each divorce process has advantages and disadvantages; depending on a person's circumstances, some divorces will not be available. It is vital to do research before settling on a divorce process.

Get Together Documents

Divorces require lots of paperwork, and having all your paperwork in order is essential. Here are some documents that you should gather together:

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 Posted on March 30,2023 in Divorce

When getting a divorce, making decisions based on reliable information is essential. Unfortunately, there is a lot of misinformation out there that could make this process more complicated and confusing. Each step of the divorce process will involve several legal, financial, and practical considerations. It is essential that you know what information you are getting and where you are getting that information from. Working with an experienced divorce attorney can help you from making mistakes that may later cause significant difficulties within the divorce process. Below are a few myths to consider if you are considering a divorce.

You Need A Reason

Illinois is a no-fault state, meaning you do not need a specific reason to divorce. If you have decided to end a marriage, that is enough to support a divorce filing. You can still file for divorce even if you and your spouse are not on the same page.

Adultery Is Irrelevant During A Divorce

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 Posted on March 23,2023 in Chicago divorce attorney

When dividing property during a divorce, it is crucial to begin this process by deciding if the property is marital or separate. Marital property usually entails assets or debts a couple has acquired throughout their marriage. Separate properties are assets or debts that a spouse acquired or owned before marriage.

Separate Property

Separate property is anything that was acquired before the couple married. Gifts and inheritances are separate property, as well. If any of these income-producing properties increase, that income may still be considered separate property, depending on the circumstances. There is no division of separate property during a divorce. A few common examples of separate property include:

• The property was given to a spouse as a gift or inheritance
• Property obtained by a spouse in exchange for property a spouse may have acquired before the marriage or by gift or inheritance
• Property cultivated by a spouse after the marriage has legally ended

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