Tag Archives: Hinsdale divorce attorney

IL divorce lawyerHistorically speaking, the decisions made in a divorce case largely favored the woman. When spousal maintenance, or alimony, was awarded, the woman was usually the recipient. Family courts were also more likely to award the woman in a divorce case child custody, believing it was in the best interests of the child to stay with their mother. These patterns in history have led many men to believe they are already at a disadvantage before their divorce case even starts, but that is not the case.

Today in Illinois, family law judges only consider what is fair when making decisions on a divorce case. Gender is no longer a part of the decision-making process. Still, many myths surrounding men and divorce still abound in the state today. Below are the most common myths many people still believe, and the truth behind them.

Women Are Always Awarded Child Custody

The idea that women are always awarded child custody is perhaps the biggest myth involving men and divorce. At one time, this was true but today, the family court will only evaluate what is in the best interests of the child and they will make their decision based on that. Like other decisions made in a divorce case, gender is not taken into consideration when judges award one parent child custody.

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IL divorce lawyerThe divorce of Kim Kardashian and Kanye West made headlines around the world recently. There have been varying opinions about the divorce since it was announced, but one thing is certain. The divorce case is likely to be quite complex, even though the couple had a premarital agreement in place. Kim and Kanye, however, are not the first couple to go through a complex divorce, and they will not be the last, either. Below are some of the factors that can make a divorce case complex.

Distinguishing Separate Property from Marital Property

In a divorce, only marital property is divided. Marital property includes any assets or liabilities the couple acquired together during the marriage. Determining which assets are considered separate property is typically more difficult than identifying marital property. Inheritances and gifts, as well as personal injury awards, are types of property that are usually considered separate.

However, it is important that spouses keep these assets separate from marital assets, such as placing them in a separate account. Co-mingling assets makes it incredibly difficult to determine which of the assets have been spent, and how much of the separate property remains. When separate property is not kept separate, it may be subject to property division.

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IL divorce lawyerRecently, there was a story about a woman that gave away her old wedding rings after her divorce. She decided to give them away, either to frontline workers or members of the LGBTQ community. The story is not only a heartwarming one, but also shines a light on a very interesting topic that comes up after a couple gets divorced. People often wonder what happens to the wedding and engagement rings after divorce, and whether or not they have to return them to the person that paid for them. As with most legal issues, the answer is that it depends.

Who Gets the Engagement Ring?

Engagement rings are given prior to the marriage and so, it is natural to assume that they are considered non-marital property. However, that is not always the case. Due to the fact that an engagement ring is given as a promise to marry someone, the law recognizes that the ring is only the property of the recipient if they fulfill that promise.

When the engagement is mutually broken prior to the wedding, the recipient is obligated to return the ring to the giver. In the event that the wedding takes place, it is presumed that the recipient fulfilled their promise and so, it is considered non-marital property.

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IL divorce lawyerMany people are familiar with the term ‘starter home’ and what it means. A starter home is usually a very affordable home a person or couples buys when they are just starting out in life. Typically used as an introduction to real estate ownership, people soon give up their starter home within five to ten years and move on to something bigger and better. Today, ‘starter marriages’ are also becoming more common and it has been found that these unions are at a much higher risk for divorce. However, while the chances of a starter marriage dissolving are much greater, like starter homes, a marriage early in life can actually bring benefits to those that enter into them.

What Is a Starter Marriage?

A starter marriage is typically defined as one that is entered into before a person turns 30, and one that ends before that age, as well. During a starter marriage, it is typically unlikely for a couple to have children, and they also usually involve little joint property. Still, a starter marriage may mean different things to different people. For some, a starter marriage may last over two decades, and others may have children during their marriage.

Like many marriages, starter marriages may end for many different reasons. And, like many divorces, couples may learn many things about themselves during the process.

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IL divorce lawyerDivorcing couples have many questions when their marriage ends. One of the saddest is, “Who gets to keep the pet?” The question is an interesting one, and in recent years, Illinois has changed the law on how pets are viewed during divorce proceedings. While pets were once considered property, today some family courts, including those in Illinois, make decisions regarding pets based on child custody guidelines more than they do on property division laws.

Treating Pets Like Property During Divorce

Prior to 2018, Illinois treated pets as property during divorce. When a spouse brought a pet into the marriage, the pet was considered non-marital property and as such, was the property of the spouse that owned it prior to the nuptials. However, when a couple adopted or purchased a pet together during the marriage, the pet was considered marital property. In Illinois, marital property is divided fairly but not necessarily equally under the equitable distribution laws of the state.

Unlike other property, pets cannot be physically divided in a divorce. While a couple may have to sell a home and divide the proceeds, the same cannot be done with an animal. In most cases then, the spouse that kept the pet typically had to relinquish other property to make the division of property fair for both parties. Today, however, property division laws are not relied on as much when determining which spouse gets to keep the pet.

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