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How to Protect Your Assets in a Divorce

Divorce can be a complicated and emotionally taxing process, and one of the most pressing concerns is often how to protect your assets. From family homes and retirement accounts to businesses and personal property, safeguarding what you’ve worked hard to earn is crucial. In Illinois, divorce laws follow an “equitable distribution” approach, which means marital property is divided fairly, though not always equally. Understanding the basics of asset division, and working with an experienced family law attorney, can help you protect your financial future as you go through the divorce process. Understanding Marital vs. Non-Marital Property A key step in protecting your...

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The basics of property division in Illinois

Splitting up property during a divorce can be the root cause of many heated disputes. How do couples already at odds decide who stays in the family home, or how to distribute bank accounts? Here is a quick look at how property division works in Illinois to find out. Determine what is marital property Couples only have to divide marital property during their divorce. And state law classifies anything that each spouse owned before the marriage as separate property. Separate property also includes any gifts or inheritances in one individual's name. On the other hand, marital property includes anything that the spouses purchased...

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If your children’s needs are met, why must you pay child support?

During your divorce process, there are many things you and your soon-to-be ex need to determine. You will have to figure out how to divide your property, decide what kind of child custody arrangement will work best and agree on child support. Both of you probably already feel as though you support your children physically, emotionally, spiritually and intellectually. So, if you decide to share parenting time, you may wonder why child support payments might still be necessary. What expenses does child support cover? Some people may be of the belief that you should only have to pay child support to cover immediate...

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Important tips if you want an amicable divorce

Too many people make the mistake of assuming a divorce has be a highly contentious process. They might hear about a friend or celebrity's ugly split and assume that the process will be the same for them. However, plenty of people are able to dissolve their marriage amicably. They can work together and stay out of the courtroom, which can save time and money. They can also minimize the adverse emotional toll a divorce takes on themselves and their children. If this sounds like the approach you want to take in your divorce, there are a few important tips for how...

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Does Illinois family law allow for child support modifications?

When there is an order for child support in Illinois, it is done with the child's best interests in mind. The financial, emotional and personal stability of the child is paramount. Most parents are happy to provide for their children even if the relationship with the former spouse is over. Some parents are amicable with one another. Others are cordial enough to communicate. Still others are involved in a contentious relationship. When it comes to family law, the child support is sacrosanct must be paid no matter what. A question that is often asked, however, is if the order can be...

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When does child support payment end in Illinois?

Child support is always a difficult subject when it comes to divorce. Many spouses do not want their case to end with them getting minimal custody of their kid and having to pay for additional support without seeing them. Unfortunately, it is a common occurrence for many fathers in Illinois. Recent studies indicate that the average noncustodial parent in Illinois gets to spend 23.1 percent of the year with their kid, which is one of the worst percentages in the nation. After evaluating the incomes of each party, the respective living conditions and the amount of children they have, the court...

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Preparing a prenup: what every Illinois couple should know

Whether you are in your 20s and getting married for the first time or a little older and getting married for the second or third time, you may very well be considering your options for a prenuptial agreement. Regardless of your age and marital experiences, prenuptial agreements can be an attractive -- or necessary -- option. As such, you should understand some important facts about these legal documents so that you can make wise, informed decisions. They are not all enforceable Prenuptial agreements are legal documents and they must be valid to be enforceable. In accordance with Illinois laws, this means they must: ...

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How do Illinois courts decide if I will receive alimony?

If you are getting divorced, your post-divorce financial stability can be one of your biggest concerns. This can be especially true if your spouse was the primary earner in your family. In many cases, people in this position wonder about the availability of alimony, or maintenance, which allows a financially disadvantaged party to receive monetary support from a former spouse indefinitely or for a specific period of time. If you are in this position and wondering whether you might receive alimony, you should understand the factors that the courts use to make these decisions. Factors the courts consider When considering a petition for...

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Understanding contested and uncontested divorces

There are typically two types of divorces available in most states. Separating couples approaching a divorce should educate themselves on the differences between contested and uncontested divorces. Whether your divorce goes to court or not will depend upon the investments you each have made in your marriage, as well as your considerations regarding the best interests of your children. Contested divorce A contested divorce is any divorce where the spouses choose to seek legal remedy for disagreements on the proper dissolution of marriage. Sometimes both parties may want the divorce, and other times one spouse does not want the divorce. In many contested...

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3 back-to-school mistakes to avoid if you share custody

A new school year is fast approaching. If you are like most parents in Illinois, you have already spent time helping your children get ready. However, it is crucial to also prepare yourself for a new year, particularly if you share custody of your children. You can do this by understanding and avoiding some common mistakes co-parents might make when their kids go back to school. Mistake #1: Not knowing the schedule Schedules may change when kids go back to school. If you or the other parent don't know the schedule, conflicts can arise and children can get confused and scared. Make sure you...

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