The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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Recent Blog Posts

Tips for Successful Co-Parenting After Your Illinois Divorce

 Posted on February 19,2020 in Children of divorce

North Aurora child custody attorney

Sharing children with another person is one of life’s greatest pleasures, but it can also make for some difficult situations. In particular, if you and your spouse decide to get a divorce, you will always be connected, since you are both still parents to your kids. Although this may be comforting to some, it can be intimidating for others, especially if you do not get along with your ex. It can be challenging to co-parent with your ex-spouse after a divorce, but it is crucial to do so for the sake of your children.

Things You Should Do

Achieving successful co-parenting with your spouse depends on how well you and your spouse are willing to work together and how committed you are to your children. To achieve successful co-parenting, you should:

  • Be willing to communicate with your spouse. Communication is key to co-parenting. You should aim to keep the discussions ongoing between the two of you and encourage open conversations about your children.

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Do Not Forget These Often Overlooked Assets in Your Illinois Divorce

 Posted on February 17,2020 in Division of Property

Geneva marital property division attorney

Divorce is not a simple process, even if you and your spouse are on good terms with one another. There are many issues you have to think about, from dividing assets to allocating parenting time to ensuring you receive the right amount of child support. When it comes to splitting up your marital assets, both spouses are required to give full disclosure about their assets and debts. However, there are several important issues that are often overlooked or forgotten when it comes to dividing marital property.

Marital Property Division

When it comes time to create a list of your assets and debts, you probably have a good idea of what should be included. Assets include things such as bank accounts, real estate, vehicles, and other items of value. Debts include money that is owed on mortgages, auto loans, school loans, or credit cards. However, many people often overlook assets that are not as prominent as others.

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3 Ways You Can Make Valentine’s Day Fun Again After Your Divorce

 Posted on February 14,2020 in Life After Divorce

North Aurora divorce attorney

Since mid-January, we have been bombarded with cards, heart-shaped chocolates, and a whole lot of red and pink every time we walk into a store. Valentine’s Day is regarded mostly as a “greeting card” holiday, but celebrating it can bring a little fun into those cold winter days. For people who have gone through a separation or a divorce, however, February 14 is just another day to remind them that their romantic relationships have not worked out so well. Although it can be painful to be reminded of love, you do not have to spend the day moping. Instead of being miserable on Valentine’s Day, below are a few ways you can make the holiday fun again.

Spend Time With Family and Friends

The best way to get through the day is to surround yourself with your friends and family members. Going through a hard time is always much easier when you have a good support system. Plan a night out with your friends, siblings, or cousins and make a point to focus on them and not the couples around you.

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How Can I Achieve a Peaceful Illinois Divorce?

 Posted on February 11,2020 in Divorce

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"Divorce" and "peaceful" are probably two words that you never thought you would put in the same sentence together, but a peaceful divorce is not as rare as you might think. Amicable divorces are beneficial to everyone involved, especially if you have children. Having a peaceful divorce does not just happen by chance -- you have to not only want it to happen, but you also have to work hard to make it a reality. Although it takes two cooperating spouses to achieve a truly amicable divorce, there are certain things you can do to encourage a tranquil resolution. Below are a few tips to attain the ever-illusive harmonious divorce, which can help everyone with this major life transition.

Be Respectful to One Another

There are a number of common reasons why couples get divorced, some of them being addiction issues (gambling, drugs, or alcohol), infidelity, or even domestic violence. Even though these issues can make it difficult to maintain respect for your spouse, keeping a mutual level of respect between the two of you is important to having a smooth divorce. Arguing or disrespecting your spouse in front of your children can make kids feel like they have to choose sides, which can be detrimental to their emotional well-being. The breakup of the family unit is traumatic enough, so do not add extra stress on them.

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Can I Challenge a Prenuptial Agreement During My Illinois Divorce?

 Posted on February 07,2020 in Prenuptial Agreement

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When you tell people that you and your spouse have signed a prenuptial agreement, some may react with surprise. There are many benefits to getting a prenuptial agreement before you are married, but some people still feel a negative stigma against such documents. Although you may not have imagined your marriage would end in divorce when you were drafting the prenuptial agreement, it has now come to that point. Prenuptial agreements usually dictate how certain assets and property are divided in the event of a divorce, among other issues. However, if you no longer think the agreement is fair, can you do anything about it? It is important to know your options for contesting a prenuptial or postnuptial agreement if you find yourself getting divorced.

Examining Your Prenup

Prenuptial agreements are legally binding documents, but they can be challenged. If you believe that your prenuptial agreement is not valid, you should contact your divorce attorney right away. He or she will be able to bring your concerns to the judge and will be able to help you examine the reasons why it would be unenforceable. Once the issue is brought to the court’s attention, a judge may invalidate specific sections of the agreement or even throw out the entire agreement. Here are a few common reasons why a prenuptial agreement may be found invalid:

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How Are Wedding and Engagement Rings Handled in an Illinois Divorce?

 Posted on February 04,2020 in Division of Property

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Engagement rings are common in today’s society for couples who plan to get married, but they have not always been. The first engagement ring was given in the 1400s, but they did not become popular in the United States until the 1940s when the De Beers Company launched the famous “Diamonds are forever,” campaign. Now, many couples see purchasing an engagement ring as an investment, with the average cost of an engagement ring in the United States being somewhere around $6,324, according to Business Insider. In the state of Illinois, the average cost of an engagement ring is a little higher at $7,110. Along with the wedding band, these can be highly sought items when the property is divided in an Illinois divorce.

Marital and Non-Marital Property

When it comes to property division, Illinois recognizes that there is a difference between marital and non-marital property. Only marital property is subject to division in a divorce. According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), all property that is acquired by each spouse during the marriage is considered to be marital property. However, there are exceptions to that rule. For example, property that is obtained by either spouse through “gift, legacy, or descent” or property acquired in exchange for such property is considered to be non-marital property and therefore not subject to division.

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4 Helpful Tips to Follow if You Are Divorcing a Narcissist in Illinois

 Posted on January 30,2020 in Divorce

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When you think of the word “narcissist,” you may think of someone who is completely obsessed with his or her looks, who is a know-it-all, and who believes they can do no wrong. While this definition is certainly not false, narcissism is an actual clinical mental illness, characterized by an inflated sense of self-importance, a sense of entitlement, and an unwillingness to display empathy for others. Divorcing a narcissist is an entirely different ballgame than divorcing a mentally stable person, because a narcissist will take every opportunity he or she can to make the process as difficult as possible. Having an experienced attorney on your side who is skilled in dealing with highly contentious divorces is essential to surviving your divorce. Here are a few other tips to help if you are divorcing a narcissistic spouse:

  1. Understand Your Spouse Is Not Going to Play Fair

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How Is the Asset Division Process Handled in an Illinois Divorce?

 Posted on January 27,2020 in Division of Property

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When a married couple plans on getting divorced, the last thing they may feel like doing is cooperating with each other. Even though they might not be on the best of terms, communicating and working together may be the best tactic to take for everyone involved. Even Illinois courts urge couples to try to work together with their attorneys to make decisions about their divorce. If a couple is unwilling or unable to compromise or come to a resolution, the court will have to intervene and make decisions for the couple based on Illinois law. Asset division can be tricky, and the exact laws that apply to this situation might be different from what most people think.

The Division of Assets Is Not Always 50/50

Many people think that the asset division process is simple and that each spouse will get exactly half of everything they own together. While this may be true in some states, Illinois practices what is called “equitable division.” This means that each spouse will receive a portion of the marital estate that is considered fair and just. To achieve an equitable division, the judge will look at a variety of factors to determine what each spouse should receive. Some of these factors include each spouse's income-earning potential and whether or not one parent gave up a career to stay home and raise children. In addition, the parent who is allocated the majority of the parental responsibilities may receive the marital home, since the children will reside there most of the time.

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Can I Legally Change My Illinois Child Support Order?

 Posted on January 22,2020 in Order Modification

North Aurora child support attorney order modification

The state of Illinois believes that both parents have the responsibility to financially support their child, even if a parent does not necessarily have an active relationship with him or her. This is why child support exists. In Illinois, child support is ordered in most divorce cases, but it can also apply to situations where the parents of a child are not married. Child support is determined using a formula and a set of rules that take into consideration the number of children you have, both parents' income, and how much it costs to cover the child’s necessities. Typically, child support orders are entered during the divorce process or if the parents are unmarried when the couple splits. Life is unpredictable, and sometimes circumstances change from what they were when the child support orders were first created. In situations such as this, you may find yourself asking, “Can I change the support order?”

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Why Are Second and Subsequent Marriages at a Higher Risk For Divorce?

 Posted on January 20,2020 in Divorce Rate

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We have all heard the common statistics that approximately half of all marriages end in divorce. While the divorce rate for first marriages lingers somewhere between 40 and 50 percent, the divorce rate for second or third marriages is much higher. Studies have shown that second marriages have an estimated 67 percent divorce rate, while third marriages are even higher, with an estimated 73 percent of these unions ending in divorce. Many people often wonder why the divorce rate increases with the number of marriages, since most would think people would have learned from the mistakes that led to their first divorce. Below are a few issues that experts have pinned down as being possible reasons why more marriages do not equal more success:

People Rush Into Marriages

One speculation as to why second and third marriages do not last very long is because people have a tendency to get married more quickly when they are divorced. After going through a divorce for the first time, there is a rebound period that people typically go through. This is a good opportunity to spend some time on their own, although many people choose to date during this period. Marriages during this time are less likely to succeed, unless a couple was together for two years or longer before they decide to wed again.

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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