Tag Archives: DuPage County divorce attorney

IL divorce lawyerWeeks after the sad death of Larry King, his widow is now challenging his will in court. Larry King’s widow, Shawn Southwick King is arguing that her husband did not have the mental capacity to draft a will, which he wrote two months after filing for divorce from Shawn. She is also stating that he was influenced by other people when creating his will. Although Larry King had already filed for divorce, the case was not yet finalized. While the case contesting the will is still ongoing, it does highlight the need for divorcing couples to revise their wills when their marriage has come to an end.

How Wills are Treated During Divorce

A last will and testament is the foundation of many estate plans. Within a will, a person can state their wishes pertaining to the distribution of their assets upon their death. Wills can also name an executor, or the person responsible for managing the estate during the probate process, as well as the guardianship of minor children.

The law in Illinois states that when a person gets a divorce and has a valid will in place, the will remains valid and the probate courts will not revoke it. However, any provisions that pertain to the deceased’s former spouse are revoked. The law treats these wills as though the former spouse passed away before the testator did.

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IL divorce lawyerPost-divorce modifications are sometimes necessary when an inappropriate or unfair divorce ruling was entered into the official records. In other cases, a judge’s final ruling is fair and appropriate but at some point, it no longer fits the couple’s needs. In either of these cases, one or both parties can petition the court for a post-divorce modification that can change the ruling and alter the terms so it better suits either party. However, there are some things to know about these modifications before you seek one from the court.

When Can a Person Seek a Post-Divorce Modification?

Family judges take final rulings and divorce agreements very seriously and so, no one can seek a post-divorce modification unless they can show there is a really good reason for doing so. One or both parties must show that there has been a significant change in their personal or financial situation that makes it impossible or impractical to continue on with the terms of the original agreement or settlement.

For example, when a judge is determining how much child support one person must pay, they will calculate the amount using each parent’s income. If the payer eventually loses their job and can no longer reasonably make the payments, they can seek a modification from the court. This is just one situation in which a post-divorce modification may be made by the court.

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IL divorce lawyerTiming is crucial with many things in life, and that includes when a person should consult with a divorce lawyer. Some people worry that contacting a lawyer too soon will further impact a marriage and contribute to its demise. On the other hand, many people understand that waiting too long to speak to a divorce lawyer can severely affect their rights moving forward.

In most cases, it is always best to err on the side of caution and contact a divorce lawyer as soon as you think divorce is an option. Still, there are three times when it is absolutely necessary to speak to a divorce lawyer and these are outlined below.

You are Thinking About Filing for Divorce

When a person starts to think about filing for divorce, they often turn to family and friends, regardless of whether that person has been through the process before. Unfortunately, this sometimes results in a person getting advice that is not only inappropriate, but that is also not true.

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IL divorce lawyerThe COVID-19 pandemic has affected people in a number of ways. Layoffs and the permanent closure of certain businesses have received most of the attention, but there is another effect going on inside the homes of individuals that is not getting much attention. That is the fact that the pandemic has caused an increase in divorces, and it has left many people wondering why.

Financial Problems

Money has always been one of the main reasons couples get divorced, and that has been exacerbated during the current pandemic. Millions of people have lost their jobs and even when they are eligible for unemployment insurance, those benefits still only provide a fraction of incoming money couples are used to receiving on their paycheck. A loss or serious reduction of one or two incomes in the home can result in increased stress and more fighting, which can lead to divorce.

More Time

Whether people are sheltering in place or have nowhere to go because they have lost their job, there is no doubt that couples are spending more time together these days. All of that time together can result in increased fighting over small things that the same couple may not have fought over before the pandemic. When there are already problems in the marriage, the increased time spent together will only shine a light on those and make them worse.

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IL divorce lawyerEveryone knows that divorce is expensive. However, even after you have gone through the process and paid attorneys’ fees, court fees, and more, you will still have additional costs related to the end of your marriage. If you are going through a divorce, it is essential that you understand what these costs are, so you can prepare for them and prevent yourself from falling into financial difficulty. You may find that there are many hidden costs of divorce, but the five most common are found below.

Moving Expenses

After a divorce, one or both spouses will move out of the home and if you are planning to relocate, you must be prepared for those costs. You may have another down payment on a home, rent, and security deposits you must pay. Although these are the obvious costs of moving, there are others, as well.

Prepare to pay for movers, new furnishings for your new home, deposits for utilities, and even groceries to fill your new cupboards once you move in. All of these costs quickly add up, so it is important to itemize what you will need so you will understand just how much the move will cost you.

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