Category Archives: Family Law

IL divorce lawyerDivorce is a complex, confusing, and exhausting process. If you are getting a divorce, you know how much there is at stake. You likely not only want to settle the case quickly, but also do not want to leave any money on the table once it is finalized. A divorce lawyer will help you navigate the problems the process may present, and help you secure the fairest settlement possible. Below are a few of the ways in which a family lawyer can help with your divorce case.

Property Division Issues

Dividing property is complicated in any divorce case. A lawyer can advise on the equitable distribution laws in the state, and what assets of yours are considered marital or separate property. A lawyer will also discover any debt incurred by your spouse, and help you determine whether or not you are liable for it. If you have been married for a long time, a lawyer can also help determine if you are entitled to a portion of your spouse’s social security benefits or other retirement accounts.

Spousal Support

Many people have the right to ask for spousal support when they are going through a divorce but they do not even know it. A divorce lawyer will review the circumstances in any specific case and determine whether spousal support is appropriate. A lawyer can also help you calculate how much spousal support to ask for, if it is right for your case.

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IL divorce lawyerDivorce is not for everyone and today, couples have many options. One that is becoming more common is a parenting marriage. In a parenting marriage, the couple involved are no longer romantic with each other. However, they do not want to get a divorce and instead, want to redefine their relationship to each other. Although the marital relationship has changed, many things remain the same in a parenting marriage. The couple often lives in the same home albeit in different rooms, and they each have equal responsibilities for raising the children.

While a parenting marriage can simplify the process of ending a romantic relationship, it does come with many unique issues. It is still important to speak to a family lawyer that can help prevent disputes from arising.

Why Do People Choose a Parenting Marriage?

The idea of parenting marriages is quite new, but there are several reasons why couples choose this route when they know they no longer love each other romantically. The most common of these include:

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IL divorce lawyerParents are expected to provide financial support to their minor children, even in the event that they get a divorce. Child support is often a contentious issue in divorce cases. It is typically paid by the non-custodial parent that has lost time they could have spent with their children. Being asked to make payments on top of that lost time causes some parents to feel upset and frustrated. One of the first questions they will ask is how much child support they will have to pay. While no one can determine an exact amount without reviewing the facts of the case, there are some helpful guidelines to follow.

The Income Shares Model in Illinois

When determining the amount of child support a parent will have to pay once a divorce is final, Illinois uses an income shares model. The model uses a table that outlines the percentage of income that was spent on the child when the parents lived together. If a child stays a minimum of 146 nights at the non-custodial parent’s house, that parent will have to pay 1.5 times more than basic child support obligations.

When determining the amount of child support a parent must pay, the paying parent’s net income is first calculated. A parent’s net income is the earnings they take home after taxes, other deductions, and applicable adjustments have been made. This is the first step in determining how much child support a parent is responsible for paying.

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IL divorce attorneyDivorce is expensive and anyone going through it usually looks to cut costs any way they can. Much of the cost of divorce stems from court fees, mediation costs, and other expenses. Still, there is no denying that your attorney fees will also contribute to the cost of divorce. You should work with an attorney when getting divorced, as legal representation will ensure that you receive a fair settlement. However, the below tips can help you reduce the attorney fees you pay so you can lower the cost to some extent.

Respond to Your Lawyer Promptly

Throughout your divorce case, your lawyer will need to contact you for a variety of reasons. They may ask you to review pleadings, or need additional facts to help with your case. If you do not respond right away, your attorney may have to spend time calling you regularly and trying to track you down. The more your lawyer has to contact you, the more fees they will likely charge. Responding to your lawyer promptly will not only keep costs down, but also ensure that you do not miss any important deadlines in your case.

Provide Discovery Documents Quickly

Discovery is a phase most divorce cases go through. During this stage, each side will ask the other party for information such as financial documents and when they do, you are obligated to provide them with it. Discovery is a very important aspect of any divorce case, and it is likely that you have information that your lawyer does not.

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IL divorce lawyerExperts are still saying that divorce rates are continuing to increase during the pandemic. People stuck at home together for months on end, job loss, and a lack of money are all contributing factors to this phenomenon. If you are considering divorce for any reason, below are the steps you will have to follow and what you can expect.

Eligibility for Divorce

Like all states, Illinois has certain requirements. Prior to filing, you must live in Illinois for a minimum of 90 days. You must also file in the county in which you or your spouse currently resides.

Divorce vs. Legal Separation

You may know you want a divorce, or you may choose a legal separation for religious or other reasons. A separation agreement is very similar to a divorce decree, as it will include certain legally-binding terms, such as parenting time, child support, and property division. Unlike a divorce decree, a legal separation does not mean you are divorced which can place limitations on you, such as being unable to get married again.

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