Posted on December 00,0000 in DuPage County divorce lawyer

Marriage allows many Americans to live a happy and peaceful life. Unfortunately, couples can grow apart, and ending an unhealthy relationship is often better than fruitlessly trying to make one work.  The process of divorce can be complex on both legal and emotional levels, and if your spouse is refusing to sign divorce papers, you may be wondering what your options are. In Illinois, even if your spouse refuses to sign the papers, you can still end the marriage. This article will explain how.

How to Divorce When Your Spouse Refuses to Sign the Papers

It is important to understand that no matter what the other spouse says, he or she cannot prevent a divorce from happening. If one party wants a divorce, according to Illinois law, and the other refuses, a judge may still grant the divorce.

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 Posted on December 00,0000 in Division of Property

Divorce is never a pleasant process, but understanding the procedures can make ending your marriage a lot less complicated. Divorcing spouses should know the difference between separate and marital property, as well as the meaning of “equitable distribution.”

Generally speaking, separate property is any asset that a spouse owned prior to the marriage. It also includes inheritance, compensation for a personal injury, and certain gifts received during the marriage. Marital property involves just about every other asset that the couple acquired during the marriage.

Illinois is an equitable distribution state. This means the courts will split property equitably—as opposed to “equally.” When dividing property, the courts will review your assets and determine which are marital property and which are separate property.

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 Posted on December 00,0000 in DuPage County divorce lawyer

In most divorce cases, neither spouse is entirely happy with the outcome. Property division, alimony, child support, and other factors involve a lot of “give and take,” and each spouse must make certain sacrifices to end a marriage. Still, there is a certain satisfaction that comes with receiving the child custody arrangement that you desire.

That said, there still await many challenges for new single parents — especially if they work fulltime or have other time-consuming obligations. Another obstacle is living on a single income.

Despite these challenges, it is still possible for single parents to raise children, spend plenty of time with them, and enjoy the pleasures of parenthood. Here are three tips that can help single parents adjust to the new lifestyle:

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 Posted on December 00,0000 in DuPage County divorce lawyer

There is no question about it: One of the most difficult aspects of divorce is understanding the legal framework. Each state has complex laws related to child custody, child support, alimony, and property division. For this reason, Illinois lawmakers are proposing changes to divorce laws that would remove some potentially unnecessary aspects.

 Many unhappy couples stay together because one or both spouses feel anxious about the divorce process. The truth, however, is that staying in an unhealthy relationship can be emotionally and mentally draining. An experienced family attorney can help make the process a bit more manageable by explaining the laws, discussing your rights, and guiding you through the procedures.

Lawmakers Propose Changes to Illinois Divorce Laws for the First Time in 40 Years

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 Posted on December 00,0000 in Child Custody

In the wake of a heated argument, one spouse may decide to leave the other for a short period of time. Although it is not uncommon for married couples to argue or want to spend time apart, certain behaviors may constitute spousal abandonment according to Illinois law, and this may be grounds for divorce.

What Constitutes Abandonment?

In most cases, it is best for divorcing spouses not to change the living arrangement by relocating. The exception is when there are factors that put either spouse or any children in danger.

The courts do not consider every situation involving one spouse leaving to be abandonment. However, when one spouse leaves without any explanation, does not return for one year or longer, and provides no information about where he or she is, this may be abandonment.

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 Posted on December 00,0000 in Children of divorce

Divorce always comes with a multitude of challenges for children. Depending on their age, they will cope with the end of their family unit in their own unique ways as they become used to life with a single parent or splitting their time between their mother and father.

Custodial parents should be aware of their child’s emotional well being as a divorce can lead to the child experiencing fears of desertion and feelings of guilt. Younger children may undergo developmental regression while older children could develop sleep disorders.

How Might Your Child Cope with Divorce?

How a child copes with divorce varies based on age and the child’s personality. Infants may experience separation anxiety, making them irritable and scared, and causing them to cry more frequently. Toddlers may revert to an earlier development stage in areas such as sleeping, eating, emotional independence, motor activity, language, or toilet training.

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 Posted on December 00,0000 in Aurora Family Law Attorney

It is no secret that divorce is a common practice among Americans. Some studies estimate that one in two married couples in the United States divorce. However, recent reports indicate that some states have higher divorce rates than others.

Recent Study Shows Divorce Rate Low in Illinois

Based on 2013 data from the American Community Survey, the divorce rate in Illinois sits just below 10 percent. This complements other data suggesting that national divorce rates have been declining for the past 30 years.

Understanding Divorce Law in Illinois

The divorce rate does not mean all that much for couples whose marriage is ending. They often face the overwhelming challenges of living on a single income, dividing assets, dealing with child custody issues, and finding new social circles.

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 Posted on December 00,0000 in DuPage County divorce lawyer

Divorce is not an easy process for anyone. It involves serious life changes, and you may need to relocate, join a new social circle, and possibly spend less time with your children.

Because of the emotional hardship of divorce, many people find it difficult to focus on the legal aspects of the divorce process. Make no mistake: Divorce is a legal procedure, which is why it is so important that you consult an attorney who can demystify the legal requirements.

Although every divorce is unique, there are a few steps that are common in most cases. Here is a step-by-step preview of divorce:

Filing for Divorce

In order to file for divorce in the state of Illinois, at least one spouse must have been a resident for 90 days. If this is not the case, you may need to file in a state where you lived previously.

Determining Fault or No-Fault

There are a number of different legal “grounds” for divorcing spouses. These include adultery, desertion, abuse, impotence, and others. In Illinois, spouses can also file for a no-fault divorce, or as it is more commonly known, “irreconcilable differences.” There does not need to be a singular, specific reason for the divorce.

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 Posted on December 00,0000 in Uncategorized

Like other states, Illinois family courts will aim to create child custody agreements based on the child’s best interests. According to the Illinois General Assembly, the courts may consider the following factors:

• Parents’ wishes;
• Child's wishes;
• How the child has adjusted at home, at school, and in the community;
• The physical and mental health of the child, as well as the health of the parents or legal guardian;
• The parents’ history of threats or violence toward the child, or a different member of the family or household;
• Each parent’s desire to encourage and support the relationship of the child with the other parent;
• The criminal history of the parents;

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 Posted on December 00,0000 in Spousal Support

On Jan. 1, 2015, Illinois legislators passed new laws that govern the duration and amount of alimony payments. Many of the regulations apply to divorcing couples with a gross income of $250,000.

According to the revised law, “maintenance” is the new term for “alimony” in Illinois, but they both refer to spousal support. A judge determines whether to award maintenance based on 12 statutory factors.

Before January 2015, the calculation and duration were at the sole discretion of the judge. This led to noticeable variations from county to county, and from judge to judge. The legislation aimed to create uniformity in spousal support awards. The laws put the following formulas and guidelines into effect:

Formula for Calculating Alimony

Thirty percent of the payer’s gross income less 20 percent of the receiver’s income. The adjusted income of the receiver may not exceed 40 percent of the combined income of both parties.

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