Tag Archives: Hinsdale divorce attorney

IL divorce lawyerSame-sex marriages have been legal for nearly a decade in Illinois, meaning that some of those couples will also face the issues of divorce. Same-sex couples that need to get a divorce will still have to resolve the common issues of divorce, including property division, spousal maintenance, and perhaps even child support. However, same-sex divorces also raise some unique issues that are not present in other cases. An Illinois divorce lawyer can help any person going through a divorce sort through these issues, and give them the best chance of securing a positive outcome in their case.

Are Same-Sex Divorces Legal?

Once same-sex marriages became legal, same-sex divorces also became legal, as these couples have the potential for divorcing just like any other. However, same-sex couples will still have to meet all of the requirements for divorce in the state. Firstly, the couple must be married. Simply living together or being together for a long period of time is not enough to get an official divorce. Individuals that want to file for divorce must also meet the residency requirement, meaning that they must have lived in the state for 90 consecutive days before filing.

What Are the Unique Issues Pertaining to Same-Sex Divorces?

Although same-sex couples will have to resolve many of the terms associated with other divorces, these cases do have some unique issues. One of these is that a couple’s relationship may have begun long before same-sex marriages became legal in the state. They may have acquired property together that would usually be considered marital property, but because the couple was not technically married at the time, it is considered separate property.

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IL divorce lawyerPremarital agreements are legal contracts that dictate the division of assets and debts in divorce, and they can also address a number of other legal issues. However, as the millennial generation is getting older and starting to think about marriage, many of them are considering drafting a prenuptial agreement before the wedding. These premarital agreements cover all the same issues as those drafted for previous generations, but they are also slightly different. Below are the main ways these premarital agreements differ from those written for older generations.

Millennials Are More Likely to Get Premarital Agreements

For the past few years, more millennials have been writing premarital agreements than generations past. Perhaps younger couples do not see them as the romance killers that previous generations did, or maybe they simply understand the importance of these legal contracts better. Whatever the reason, more millennials are getting premarital agreements, and that is definitely a positive sign.

Millennials Have More Assets

Millennials may not have accumulated more assets than people twice their age, but they generally do have more to protect at the time of marriage. Millennials tend to marry later in life when they have established careers and as such, have accumulated a greater amount of assets. This is vastly different than other generations that often got married right after high school or college. After accumulating all of these assets, it is not hard to understand why more millennials are writing premarital agreements to protect them.

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IL divorce lawyerYou have a lot of concerns when going through a divorce, and an Illinois divorce lawyer can help alleviate many of them. Unfortunately, not all divorce lawyers in the state are created equal and some are better than others. So, when you are going through a divorce, how can you tell if you found the right one for your case? You can start by reviewing the five most important considerations below.

Who Will Work on Your Case?

Many divorce lawyers offer free consultations and the chances are good that you may have yours with one of the biggest partners at the firm. Law firms sometimes do this to instill confidence in you that you are working with the most experienced divorce lawyer.

Unfortunately, too many clients soon learn that after that initial consultation, the partner has passed your case off to a paralegal or associate. These individuals are integral to a law firm and while they may help your lawyer during your case, they should never be the ones guiding the big decisions. Always ask if the attorney you consult with will be the one working on your case. If not, it may be time to find a different firm.

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IL divorce lawyerPeople going through a divorce typically want the process over with as soon as possible. Delays in a divorce case are not only stressful, but they are also very costly. Spouses do not want to pay the exorbitant fees associated with a lengthy trial or mediation process, and they usually want to move forward in their new life as soon as possible. If you are going through a divorce, below are some ways to expedite the process so your divorce is finalized as quickly as possible.

Keep Fighting to a Minimum

Fighting with your spouses will always prolong the divorce process. Every time there is a dispute, there are additional court hearings or mediation sessions and all of that takes more time and money. Of course, you do not want to give in on every term just to expedite the divorce, as that could result in you signing some of your rights away. Still, it is important to identify early in the process what is most important to you and what terms you are willing to compromise on with your spouse. This is the surest way to expedite the divorce process.

Collect Documents Quickly

You will need to collect many documents when going through a divorce, including tax returns, school schedules, and banking documents. When working with an attorney during your divorce, they will likely ask for these documents fairly early in the process. When they do, you should submit them as soon as possible. Before handing them over to any other party, an attorney will need to thoroughly review these documents to gain a better understanding of your case. Other times, they will need to make certain calculations based on that information. The sooner you can provide what is requested of you, the sooner your case will be finalized.

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IL divorce lawyerThe family home is not only the most valuable asset divided in many divorces, but it is also one of the most sentimental. The couple often purchased the home together after they got married, and they may have even raised children in the home. It is for all of these reasons that many people want to keep the family home during a divorce, but doing so is a complex process. If you want to keep your home in your divorce, below are the five steps to follow.

Get an Official Appraisal

An official appraisal will determine the fair value of your home. The appraiser will consider external factors such as the location, the lot size, and access to public utilities, as well as internal factors. The internal factors an appraiser will consider include the square footage of the home, the number of bathrooms and bedrooms, and the type of foundation.

Find Out How Much is Left on the Mortgage

You can learn how much is left on your mortgage by contacting your lender or looking at your mortgage documents. Once you know how much is left on the mortgage, you should then subtract that amount from the value of the home to determine how much equity is in the home.

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