Tag Archives: DuPage County divorce lawyer

IL divorce lawyerIt is not uncommon to hire an attorney and, after divorce proceedings have begun, realize that they are not a good fit for your needs. Whether they do not seem to be qualified for the job, have a conflict of interest, are not spending enough time on your case, or you simply do not get along with him or her, you can terminate your agreement with your attorney even after divorce proceedings already began.

Reasons to Get a New Divorce Attorney

From ex-clients stalking lawyers who they felt were at fault for not winning their custody case, to husbands tracking down and shooting their wives’ divorce attorneys to get even, being a divorce lawyer comes with serious risks. While threats and violence are never okay, it is understandable if you are frustrated with your current lawyer. Good reasons to leave them include the following:

  • Misses deadlines
  • Does not seem to have enough time for your case
  • Poor communication by lack of calls and emails
  • Breaks promises
  • Belittles you
  • Misses court appearances
  • Does not listen to you
  • Does not keep you up to date on your case

Retain a Different Attorney

The first step in getting rid of your current divorce lawyer is to find a new one. When you sign a contract with your new lawyer, ensure that he or she knows that you have an existing attorney that you plan to part ways with. This can be accomplished with a letter of termination submitted in person or in the mail. Even if you tell your attorney face to face or over the phone, you need to submit this termination letter in addition. Ensure that you are completely caught up in payments.

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IL divorce attorneyThe most cherished “property” in many family households is not really thought of them as property at all, yet pets are, in fact, property. However, there is good news for pet owners in Illinois. While dogs, cats, and other pets were once considered nothing more than either non-marital property or marital property and custody was never an option, this is no longer the case. In 2018, the law was changed, giving judges the ability to grant custody of pets to their owners during a divorce. As such, a judge may grant sole or joint custody of a dog, cat, guinea pig, or other animal in contested divorce cases when the two parties are unable to come to an agreement. A joint custody decision might outline who gets the pet on which days, weeks, or months, while a sole custody decision would give full ownership responsibilities and rights to a single spouse.

The Law Only Applies to Marital Asset Pets

Nonmarital property is all property that a spouse had before marriage. This includes bank accounts, real property, automobiles, furniture, stocks, and more. Anything that was owned before the marriage papers were signed is nonmarital property, while just about everything owned or acquired during the marriage is considered marital property, except in a few cases such as inheritance, gifts that were given specifically to one party, and some civil lawsuit awards. With this in mind, was your dog or cat acquired during or before marriage? If a pet is acquired during marriage, it is considered marital property and a judge can assign custody. If the pet was acquired before marriage and is not marital property, whoever purchased the pet is the legal owner. Many pets are acquired during the relationship but before marriage, and determining who the rightful owner is can be challenging.

The Well-Being of Companion Animals Is Taken Into Account When Deciding Custody

According to 750 ILCS 5/503, Illinois courts have the authority to grant sole or joint custody of “companion animals” that are also marital assets. In determining custody, the court “shall take into consideration the well-being of the companion animal. As such, custodial decisions for marital asset pets can be decided in a similar fashion as custody for children. A judge may pose some of the following questions to get an idea of who the pets primary caretaker is and which party will be able to provide for the pet’s needs.

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IL divorce lawyerDivorce often brings out the worst in people. Even spouses who used to get along somewhat amicably before the divorce, but decided it was still best to split ways, tend to grow colder to one another and communicate less. Things can really get nasty during custody battles or when one spouse feels that the asset division or spousal support proposed by the other is unfair at best and a slap in the face at worst. During contested divorces, it is best to keep a calm, thoughtful, and rational approach so as to increase your chances of a successful outcome. An experienced DuPage County divorce attorney is always necessary during divorce — particularly when there is as much controversy as there are issues at stake, such as support, custody, and asset division.

Legal and Potentially Useful Evidence in Divorce Proceedings

Child custody and division of marital assets are the two big conflict areas in divorce and for good reason. A variety of evidence can be used to make the case of either spouse. For example, a mother may wish to build her case that she was the primary caretaker of her child, and submit evidence of such in the form of medical and school records—appointments that she attended and the father did not—in order to substantiate her claim that giving her sole custody is in the child’s best interest.

  • Text message exchanges
  • Emails
  • Social media pictures, comments, and messages
  • Credit card statements
  • Bank account information
  • Tax records
  • Investment information
  • Receipts
  • Photos
  • Property appraisals
  • Wills
  • Medical records
  • Custody evaluation reports

Evidence That Can Hurt Your Cause

GPS tracking via hidden apps in cell phones, keystroke recordings on computers, hidden nanny cams, and secret recordings may seem like a good idea to catch your spouse off guard and get them to reveal the truth, but engaging in any of these activities can seriously harm the outcome of your divorce. For one, many “spy-like” acts, such as secretly recording conversations, are illegal. Under 720 ILCS 5/14-1, eavesdropping by secretly recording a private conversation is a felony.

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IL divorce lawyerWhile many couples think they know just about everything regarding the other party before they get married, there are often some big surprises that get revealed after a bride and groom say their vows. Everyone has bizarre, and typically harmless, habits that they either keep under wrap early in a relationship or unconsciously avoid doing around others. However, some individuals have more damaging habits, addictions, and ways of living than is good for them, or their spouse. One of these is compulsive spending. Compulsive spending and the financial strain that it causes on a relationship can ruin a marriage. A family law attorney may provide an option for you before it comes to this, however.

What Is Compulsive Buying?

It is reported that six percent of the U.S. population has compulsive buying behavior, which is not a diagnosable disorder but certainly derives from a serious behavioral issue. Compulsive buying or spending is more common in women — 80 percent of people with compulsive buying are women — though with online shopping it is expected to increase in the male population as well. Compulsive buying is characterized by an obsession that compels the individual to continue a repetition of behavior (buying unnecessary things) even though there are obvious adverse consequences, such as not being able to afford necessities, credit card debt, going into bankruptcy, and getting divorced.

How a Postnuptial Can Help

According to a number of surveys, financial fighting between spouses is the leading or secondary contributor factor in divorce, with 41 percent of Generation X spouses reporting that they got divorced because of disagreements about money. Nearly half of married and cohabiting couples argue about money, with the majority of the arguments involving a spouse saying that the other spends too much, or a spouse that says that the other is too stingy. Other fights are common, such as whose responsibility it is to pay the bills or what the couple’s financial goals are. A postnuptial agreement can help resolve these conflicts by cutting money disagreements out of the marriage altogether.

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IL divorce lawyerThe national divorce rate is about 40 percent, meaning that 40 percent of marriages end in divorce. However, this rate changes based on circumstances married couples face. For example, poverty, having been in previous failed marriages, having a low level of education, and a large age difference between spouses all increase the chances of divorce. However, one element seems to dictate a marriage’s failure rate more than anything else: illness. Marriages in which one spouse is chronically ill have a divorce rate of 75 percent.

A Major Determining Factor in Failed Marriages with Chronic Illness Is Resentment

Chronic illness within marriage is hard on both partners, not just the sick spouse. As a caretaker, one spouse is heavily leaned upon or feels an obligation to be leaned upon by the sick spouse. They may be required to give up leisure activities, direct finances towards the illness, or spend extra time around someone who is not always in the happiest state of mind. Being a long-term caretaker often leads to depression, and spousal caretakers are more prone to depression than adult children caretakers of parents because of the intimacy between the caretaker and the sick party. As a subconscious response to this mounting depression, and the general inability to do the things they enjoy doing in life, the caretaker spouse often builds resentment towards their ill spouse. With time, enough resentment creates a loss of love, and the only option becomes divorce.

Couples Are More Likely to Get Divorced if the Wife Gets Sick Than the Husband

Oddly enough, married couples are less likely to get divorced if the husband gets sick, versus the wife getting sick, according to research. Men typically have fewer close friends and family members than women, leaving them with fewer people to rely upon during difficult times. Men tend to rely only on their wives for emotional support, and when their wives get sick and cannot provide the emotional support that their husbands are accustomed to, their husbands have nowhere to turn due to the poor support system they built for themselves. Additionally, men are more likely to divorce their wives when their wives get sick because of the following:

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