Tag Archives: Hinsdale divorce attorney

IL divorce lawyerWhen spousal maintenance is awarded in an Illinois divorce case, one spouse is ordered to pay the other financial support once the divorce is finalized. Spousal maintenance is one of the most hotly contested aspects of divorce, and it is also very misunderstood. Some believe only men are ordered to pay maintenance, while others believe that they will receive payments forever. These are just two of the most common myths surrounding spousal maintenance. The truths behind them are included with the top six misconceptions below.

Spousal Maintenance Is Permanent

Maintenance is only intended to help someone get back on their feet financially once the divorce is finalized. Once the recipient reenters the job market or can fully support themselves, the other may petition the court to stop the support payments. In other instances, maintenance may last for an even shorter amount of time, such as when the spouses are still going through the divorce and before it is finalized.

The Terms of Maintenance Are Permanent

Even while a person continues to make maintenance payments, the terms of the order can be modified. For example, a person paying maintenance may lose their job, or the recipient may get a better job. Both of these situations would change the financial capability of one party, which could result in the court modifying a maintenance order.

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Il divorce lawyerAlthough the majority of divorce cases are settled before they enter litigation, the reality remains that many cases require a trial. If your divorce is headed to trial, it is normal to feel intimidated and overwhelmed by the prospect of going before a judge and stating your case. Still, there are certain things to remember that can help you feel confident throughout the length of the trial, and give you a better chance of a positive outcome.

Dress Appropriately

It may sound obvious, but you should always dress appropriately any time you have to appear in court. Do not dress casually or wear provocative clothing. Instead, dress professionally wearing either a suit or another item that provides a clean and neat appearance. This shows that you have respect for the entire process and the court and will win favor with the judge.

Keep Answers Short

During a divorce trial, you will likely have a lot to say and you will want the judge to know your full side of the story. However, it is best to keep your answers short and to the point. Providing too much information can actually make your case less compelling. Also, if you provide too much information, it could hurt your case. Your lawyer will always make sure that the most important information comes to light during the trial.

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IL divorce lawyerDivorce forces you to think about your future, what you want it to look like, and how to protect and prepare yourself for it. While trying to place yourself in the best position possible once your divorce is finalized, you may try anything to keep your family home. The marital home is typically the biggest asset in any divorce and one that often both spouses wish to keep. Before you enter into a fight regarding the home, there are some very important questions you must ask yourself.

Is the Home Marital Property?

Under Illinois’ property division laws, marital property is subject to equitable division. This means that if you and your spouse purchased the home together after you were married, the court will divide the home fairly, although not necessarily equally. If you or your spouse bought the home alone before marriage, on the other hand, it is separate property and the purchaser can keep it outright. Typically, family homes are considered marital property, although that is not always the case.

Do You Have a Premarital Agreement?

More and more couples today are entering into premarital agreements prior to marriage. If you and your spouse did this and the home was mentioned in the agreement and the agreement is deemed enforceable by the courts, the terms included in the agreement will stand, even if it is no longer your preferred outcome.

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IL divorce lawyerBusinesses in Illinois divorces are typically considered marital property. Even if only one spouse operated the business, it is generally assumed that the profits from the business contributed to the needs of the couple, the children, and the household. Due to this, when one or both spouses operated a business during the marriage, it is subject to the property division rules of the state. Dividing a business is one of the most complicated aspects of any divorce and typically, there are three ways in which it can be done.

Give Your Spouse Something of Equal Value

You can give your spouse something that is equal to their portion of the business in one of two ways. If you operate the business and want to continue doing so after the divorce, you can simply buy your spouse out. In this method, the value of the business is divided and you will have to pay your spouse their equal share. In some cases, you may not have to buy out your spouse, but you may allow them to keep more assets during property division hearings. For example, if you want to keep the business and your spouse wants to keep the family home that is approximately the same value, you can forfeit your rights to the home and retain control of your business.

Sell the Business

If you do not wish to continue running the business after divorce, selling it might be a good option. In this instance, the business is simply sold and you and your spouse will divide the proceeds fairly. This is not always a good option, as many people do not want to lose the hard work they have put into a business to simply sell it. However, if neither spouse wants it, or you both co-owned and operated the business and you will not be able to continue doing so once the divorce is final, this may be the only way to do it.

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IL divorce lawyerGoing through a divorce is difficult enough, and no one wants the process to drag on for a long time. It is for this reason that so many people choose alternative dispute resolutions rather than going to trial, which undoubtedly takes the longest amount of time. Alternative dispute resolutions include collaborative divorce and mediation, two methods of divorce that are often quicker than litigated divorces, but that are also largely misunderstood. So, if you are going through a divorce, what is the fastest way to do it?

Timeline for a Litigated Divorce

Going to trial will generally take the longest when going through divorce, even though judges typically try to get the parties to agree on a settlement before going to trial. Family courts generally have heavy caseloads and they simply do not have time to take every case to trial. Judges may even provide recommendations that can help the two parties come to a settlement before trial. If a case does go to trial, the parties involved can expect it to take anywhere between 12 and 24 months, and perhaps even longer if there are very contentious issues.

Timeline for a Collaborative Divorce

The length of time a collaborative divorce takes really depends on how much the two spouses fight about the different terms of the divorce, such as child custody and property division. It is true that just like with any other method of divorce, you and your spouse will not agree on everything in a collaborative divorce. However, conflict in a collaborative divorce is typically less than in a litigated divorce.

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