Tag Archives: Hinsdale divorce attorney

IL divorce lawyerDivorce is sometimes a bitter and contentious legal battle, with each party fighting over every single term. It does not always have to be this way, though. In fact, in many cases, the couple is able to get through the process amicably and even co-parent their children civilly once they are apart. Although an amicable divorce is what most people strive for when they start the process, it is not the same thing as an uncontested divorce. From a legal standpoint, it is very important to understand the difference.

What Is an Uncontested Divorce?

An uncontested divorce is one in which the couple agrees to the terms of the divorce. They are able to enter into an agreement about property division, child support, maintenance, and all other terms. In an uncontested divorce, each party enters into the agreement without needing to go through mediation or litigation.

Uncontested divorces have many benefits for couples. The process is much shorter, and much less expensive, and gives the two spouses total control over the process. However, when a couple disagrees on even one term of the case, it then becomes a contested divorce, even if it is an amicable one.

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IL divorce lawyerDivorce is expensive. Most people entering the process understand that. However, although many people associate the cost of divorce with attorney fees, spousal maintenance, and child support, there are other costs of divorce, as well. These are often the somewhat hidden costs that people do not realize they will have to face until they have already gone through the process. Below are the six biggest hidden costs that you should prepare for if you are about to get a divorce.

Moving Costs

Both spouses do not remain in the home after a divorce and few, if any, people even want to. As such, you must consider the cost of a new home, including the expense of moving your belongings from one place to another. Moving can cost a lot, so it is important to research what rental properties cost in the area you want to move to, or the local housing market, if you want to purchase another property.

A New Home Loan

If you are remaining in the marital home but both you and your spouse are named on the mortgage, you will have to take out a new mortgage. It is important to consider how much your new mortgage payment will cost and if you can handle the other costs of homeownership, such as paying property taxes and upkeep.

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IL divorce lawyerPeople going through a divorce have to think about the many different terms they will have to sort through, whether it is during mediation meetings or through litigation. One of the most common terms that comes up during a divorce case is spousal maintenance. Spousal maintenance is shrouded in many myths and misconceptions, so if you are going through a divorce, it is important to understand the truth behind this common term. To help with this, below are some of the most common questions about spousal maintenance, and the answers to them.

Are Spousal Maintenance and Alimony the Same Thing?

Yes. Although the Illinois Marriage and Dissolution of Marriage Act uses the term ‘spousal maintenance’ when talking about payments one spouse will make to the other after divorce, it has the same purpose as alimony.

Does the Lower-Earning Spouse Always Receive Spousal Maintenance?

No. Getting a divorce does not automatically give the lower-earning spouse the right to spousal maintenance. Spousal maintenance is awarded when a judge deems that it is appropriate for a specific situation and orders one spouse to make payments to the other following the divorce. A judge will consider 13 specific factors when determining whether to award spousal maintenance. These include the age, health, needs, vocational skills, and income, as well as the length of the marriage, and the parent that has custody of the children.

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IL divorce lawyerThe word divorce is often associated with short marriages that were the result of a spontaneous weekend but truthfully, a marriage of any length can end in divorce. When a couple gets divorced after a long marriage, they will likely face issues that may not be present when a couple divorces after only being married for a short time. Below are the three most common issues that come up in divorce cases when a couple has been married for a long time.

Complex Property Division Issues

Property division is a complex issue in any divorce, but the matter becomes particularly complicated when the couple has been married for a long time. Property division relies on dividing marital property between separate property, and this is difficult after a long marriage. Over time, a couple’s separate property is likely to become commingled in joint bank accounts, meaning it may be subject to property division rules, even though it is separate property.

Other property division matters also become more complicated when a couple has been married for a long time. For example, both spouses may have accumulated savings in retirement accounts, and these must also be divided. If the spouses have an estate plan, it is also important to change these, as it is likely that the spouses named each other as beneficiaries.

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IL divorce lawyerOn March 20, 2020, Governor J.B. Pritzker issued a statewide shelter-in-place order. The order was intended to slow the spread of COVID-19 and keep people safe in their own homes. Although the order may have saved lives and helped Illinois flatten the curve, for others, the news was not good. These are the individuals that are victims of domestic violence. For many of these victims, the only relief they had from the threat of abuse prior to the pandemic was when they went to work, or when their abuser did. It was not long before Chicago, and many other areas, saw an increase in domestic violence. Below are a few of the factors that place victims at greater risk during the pandemic.

The Feeling of Isolation

Abusers typically want to isolate their victim from their workplace, friends, and family members. Through this isolation, the abuser can use gaslighting techniques on their victims and are more easily able to control them. With social isolation mandated by the government, it became easier to isolate victims of domestic violence, which can trigger future incidents.

Stress

The novel coronavirus brought an unknown threat to Illinois and the rest of the United States. The unknown is extremely stressful, particularly when people are unsure of how the virus spreads, how to contain it, and how to protect loved ones. When abusers become stressed, they commonly take it out on their victims, particularly when each person is forced to remain in the same household.

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