Tag Archives: Hinsdale divorce attorney

IL divorce attorneyIf you are like other men facing an inevitable divorce, you are likely dealing with a lot of frustration and confusion. Divorce can be a slow and painful process, or it can happen so fast you are not sure how it even came up. Many men assume a lot of things about divorce – whether true or not – simply because of rumors and a lifetime of hearing horror stories about their fathers, uncles, workmates, and others who have been allegedly “fleeced” or “taken to the cleaners” by their ex-wives. With so many stereotypes and myths out there, men tend to enter the process already assuming the worst and thinking their situation is hopeless. The good news is, with proper representation, a solid plan, and the determination to make legally sound choices, most men come through divorce just fine.

One area where men are most confused is the subject of alimony (“maintenance,” as it is called in Illinois). If you are truly concerned about how much maintenance you may have to pay or you feel that your wife should be paying maintenance, definitely consider talking to a Hinsdale divorce lawyer today. But before you let your wife’s attorney convince you to sign something waiving alimony, consider this.

Maintenance Has Nothing to Do with Gender

It seems most people intuitively already know this, but the myths and stereotypes are just so powerful. But it is true. There is no statute, no regulation, no jury instruction, and not a single court decision in modern times that says men must pay maintenance or that women should not. It is simply not part of the equation. To be sure, there is nothing in the Illinois Marriage and Dissolution of Marriage Act at 750 ILCS 5/457 that mentions which gender should receive or pay maintenance.

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IL divorce lawyerOver the past few decades, many states have begun loosening the grip on marriage. For a very long time, American courts were highly paternalistic in their attempts to place obstacles in the way of divorce. At one time, all states required some wrongdoing or “grounds” for divorce. As that requirement faded, courts imposed waiting periods or mandatory separation periods. Today, Illinois has come a long way in recognizing the need to simplify the divorce process, especially for those who meet certain guidelines. For those individuals, the process can be very quick and can be done with minimal conflict.

While Joint Simplified Dissolution of Marriage may sound easy, it is still important to consider all of the legal implications of divorce before signing anything. From taxes to insurance, divorce will entirely change the landscape of your life very quickly. It is usually best to get experienced help from a DuPage County divorce attorney before trying to take on this sort of task alone. If you do qualify, then you and your spouse can file a joint petition, asking for a divorce. This saves several costly and unnecessary steps.

To determine if you even qualify for a joint simplified dissolution, check to see if you meet each of the following:

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IL family lawyerEveryone wishes divorce could go smoother and without the headaches and expenses that so often come with the territory. For most, however, the process simply is unpleasant. Nevertheless, there are a number of things that divorcing couples can do well in advance of court to ensure the best chance of a quick and relatively smooth transition. One of the first steps should always be to schedule an appointment with a local Hinsdale family law attorney to weigh your options and get early advice. Beyond that, here are four tips for planning a successful divorce.

#1 Gather Your Paperwork

Long before either party files a petition for dissolution of marriage and far prior to any court hearing, you should consider how difficult it may be later to obtain copies of things like:

  • Your spouse’s paystubs
  • Your spouse’s bank statements
  • Investment documents
  • Retirement statements
  • Printouts showing the value of assets

Once a couple is in the midst of a divorce, it can be tempting to not share private information, especially finances. This later leads to complicated discovery – the process through which attorneys obtain this information from each side. This is often the most expensive and challenging part of the case. So, the best way to avoid this is to gather the documents while you are still on speaking terms and long before the divorce has begun.

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IL divorce lawyerIndividuals who suffer serious injuries are sometimes awarded compensation through lawsuits, personal injury settlements, disability, or workers’ compensation. It may come as a shock to learn that all of these types of compensation can be divided during an Illinois divorce if they were awarded during the course of the marriage. Whether you are the injured spouse or the non-injured spouse, an experienced Hinsdale divorce attorney can help you determine what is and what is not a marital asset, and how those assets should be divided or kept separate.

Equitable Division of Property

Illinois follows the doctrine of equitable division of property, which most other states also do. As such, marital property is divided equitably, or ‘fairly,’ though not necessarily equally. Marital property includes all assets and debt acquired during the course of the marriage except for gifts, inheritance, and other assets specifically given to one spouse and not the other. Pre and postnuptial agreements can also determine what is and what is not marital property.

Is Dividing Injury Compensation Fair?

Victims of serious injuries suffer pain and suffering, lost mobility, cognitive disorders, mental illnesses such as depression and PTSD, loss of quality of life, and much more. A study found that for each day of bed rest in the Intensive Care Unit (ICU), patients had decreased muscle strength by three to 11 percent for up to two years. According to the study, “Even a single day of bed rest in the ICU has a lasting impact on weakness, which impacts patients’ physical functioning and quality of life.” As such, how do courts justify divvying up the compensation from a workers’ compensation, personal injury settlement, or disability award when the other spouse has not suffered in the same way? After all, according to the IWCC workers’ compensation maximum weekly benefits top out at just a little over $1,500—not enough for many people to survive without selling their home and making huge sacrifices.

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IL divorce lawyerGetting your finances in order goes a long way in divorce preparation. A Hinsdale divorce and high asset property division attorney can help you get your legal and financial documents in line to ensure that your divorce goes as smoothly as possible.

Create an Inventory of Your Assets and Debt

Division of marital assets is one of the most hotly contested aspects of divorce. Marital assets include everything acquired during the course of the marriage, while non-marital assets are everything else. Divide assets and debt by marital and nonmarital. Assets include everything from real property, bank accounts, 401(k) accounts, and pension plans, to jewelry, furniture, automobiles, and other tangible belongings. Debt acquired during the marriage is also marital property so long as both spouses signed their names to the mortgage, loan, or credit card.

Compile Documents

Having your financial documents in order saves time and hassle down the road. You probably will not be able to gather every necessary document before you talk to an attorney, but a good start includes locating the following:

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phone 630-920-8855
address15 North Lincoln Street, Hinsdale, IL 60521
phone 331-588-6611
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Our firm handles family law and personal injury matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Burr Ridge, Carol Stream, Darien, Downers Grove, Elmhurst, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lombard, Naperville, Oak Park, Oak Brook, Oakbrook Terrace, Clarendon Hills, Oswego, Park Ridge, Roselle, St. Charles, Geneva, Villa Park, Warrenville, Wheaton, Western Springs, LaGrange, Winfield, Woodridge and Yorkville.

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