Category Archives: Family Law

What Should You Do If Your Spouse Tries to Bully You in Divorce Court?Some couples go through divorce like an episode of masterpiece theater. They are polite, gentle, accommodating and negotiate based upon reason and good faith.

On the other hand, all too frequently one spouse becomes a bully in the divorce.

A bully is someone who refuses to bend, insists upon getting their way regardless of the rules, and makes everything an emotional issue.

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Illinois family lawyer, Illinois child custody attorneyChild custody laws in other states may still delegate legal, physical, sole, and joint custody to parents, the Illinois Marriage and Dissolution of Marriage Act went through a major alteration in 2016. State lawmakers transitioned into determining “parenting responsibilities” and “parenting time,” and are no longer are the terms “custody” and “visitation” used to describe the child care arrangements (now known as a “parenting plan.”) The changes leave many parents confused as to their rights and responsibilities.

Parenting Time

Previously, parenting time referred to “physical custody” or “visitation time.” That terminology is no longer accepted. Previously, one parent had “residential custody” or “primary physical possession” of the child, while the non-custodial parent received a visitation schedule. Now, neither parent has primary physical custody. Parenting time refers to the time in which each parent has the responsibility for exercising caretaking functions and minor decision-making responsibilities. The allocation of time is based on the best interest of the child. Factors used to determine the best interest include:

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Illinois divorce attorney, DuPage County family law attorneyThere is a societal fascination with those who have a substantial amount of money and those who are famous. Anything anyone does in these two categories becomes publicized on social media, publications, and other outlets. When a divorce is involved, it seems as though every move is under the lens of a microscope. The inconvenience of divorce being a part of public record does not help matters. What other issues face couples in a high net worth divorce and what mistakes should you avoid?

Hiding Assets

Occasionally, a mistake happens in which assets are forgotten, especially in estates where the assets spread throughout a large area. However, if someone is caught transferring money to another bank account, or to a child, or otherwise trying to hide money, the individual loses all credibility in a divorce case.

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Illinois divorce lawyer, Ilinois alimony attorneyDivorce is not an easy task, nor is it inexpensive. Sometimes the financial burden is so daunting that many choose to stay in an unfavorable situation. Economic struggle is unnecessary, as there are options that may be available to you, given your circumstances. One such option is alimony. Also known as spousal support or spousal maintenance, this is a payment made to you by your ex-spouse during a separation or after a divorce. Not everyone qualifies in every situation, but it is useful for those who would otherwise be financially burdened by a divorce.

What Is Alimony?

The ideal goal of divorce is to have two individuals arrive at the same standard of living once the divorce is complete. One issue is, for some reason or another, both spouses do not always make the same amount of money. Perhaps one was the homemaker while the other worked in an office. Maybe there was a difference in salaries, and one partner became the primary breadwinner. If your economic situation is vastly different from your spouse, alimony may be an option. A court order made by a family court judge may require that the higher-earning spouse makes regular payments to the other spouse for a temporary or permanent amount of time.

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Illinois family law attorney, Illinois divorce lawyerYou and your betrothed are hearing wedding bells and making plans for a long life of wedded bliss. Marriage is a legal and formal obligation to each other, where two lives become permanently entwined, as do all of their assets, debts, and income. Many consider a prenuptial agreement before signing up to mix everything together. Also known as a premarital agreement or a “prenup,” a prenuptial agreement is not just for the wealthy or those protecting their assets. The agreement also enables a couple to add clarification to economic rights and obligations as well as create a plan for inheritance, especially in situations involving children from previous marriages. It is best to create a plan for these items while everyone is happy and in love, well before anything unfortunate occurs, such as a divorce. If possible, try not to wait until the last minute before tackling this checklist to add to your agreement.

Everything Premarital

From your debts to your assets, everything you accumulated during your single life needs consideration. After you make the extensive list, you must then determine what to do with them in the event of a divorce. Do they return to separate property or are they included as a part of the marital assets, a true, “what’s mine is your’s” situation? Doing so not only helps you both become aware of the financial standing but also lets you know what to accomplish together and what to work out separately during the marriage.

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