Tag Archives: Hinsdale divorce attorney

IL divorce lawyerMany people know the common issues they will face in divorce. Their property may be divided and if the two spouses involved have children together, child custody and child support hearings will also certainly be a part of the divorce process. However, spouses often think there is no chance of reconciliation in the marriage, which is why they have started the divorce process. What happens then, when reconciliation becomes a real possibility?

No-Fault Divorce Laws in Illinois

Since 2016, Illinois has operated on a pure no-fault basis for divorce. This means the spouse filing for divorce does not have to allege or prove their partner was at fault for the breakdown of the marital relationship. They simply only have to state that the marriage has suffered an irretrievable breakdown and there is no chance of reconciliation. The no-fault laws in Illinois can help streamline the process and allow a person to get a divorce even if their spouse does not agree to it.

While Illinois does operate under a no-fault system for divorce, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) does outline certain requirements. One of these requires the spouses to live separately and apart for at least six months to show there is no chance of reconciliation, although spouses can agree to waive this requirement. The IMDMA also requires the court to determine if reconciliation is a possibility. If it is, the couple may have to attend a conciliation conference before their divorce is finalized.

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IL divorce lawyerPeople often think that only celebrities and the very wealthy go through high net worth divorces. While it is true that these are the stories picked up by the news outlets, high net worth divorces are much more common than people think. Owning multiple real estate properties, complex retirement savings, and more common factors can result in a divorce being classified as one that involves a high net worth.

High asset divorces are much more complex than other divorce cases, and mistakes are sometimes easily made. If you are going through a high net worth divorce, avoid making the most common mistakes and protect your rights.

Not Working with Professionals

Going through a divorce without professional help is not generally recommended. When a divorce involves a high net worth, however, you must work with professionals. You should work with a financial adviser that can help you sort through complex issues such as pensions or business valuations. You should also work with a lawyer that can explain Illinois’ property division laws and more.

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IL divorce lawyerDivorce is not for everyone and today, couples have many options. One that is becoming more common is a parenting marriage. In a parenting marriage, the couple involved are no longer romantic with each other. However, they do not want to get a divorce and instead, want to redefine their relationship to each other. Although the marital relationship has changed, many things remain the same in a parenting marriage. The couple often lives in the same home albeit in different rooms, and they each have equal responsibilities for raising the children.

While a parenting marriage can simplify the process of ending a romantic relationship, it does come with many unique issues. It is still important to speak to a family lawyer that can help prevent disputes from arising.

Why Do People Choose a Parenting Marriage?

The idea of parenting marriages is quite new, but there are several reasons why couples choose this route when they know they no longer love each other romantically. The most common of these include:

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IL divorce lawyerParents are expected to provide financial support to their minor children, even in the event that they get a divorce. Child support is often a contentious issue in divorce cases. It is typically paid by the non-custodial parent that has lost time they could have spent with their children. Being asked to make payments on top of that lost time causes some parents to feel upset and frustrated. One of the first questions they will ask is how much child support they will have to pay. While no one can determine an exact amount without reviewing the facts of the case, there are some helpful guidelines to follow.

The Income Shares Model in Illinois

When determining the amount of child support a parent will have to pay once a divorce is final, Illinois uses an income shares model. The model uses a table that outlines the percentage of income that was spent on the child when the parents lived together. If a child stays a minimum of 146 nights at the non-custodial parent’s house, that parent will have to pay 1.5 times more than basic child support obligations.

When determining the amount of child support a parent must pay, the paying parent’s net income is first calculated. A parent’s net income is the earnings they take home after taxes, other deductions, and applicable adjustments have been made. This is the first step in determining how much child support a parent is responsible for paying.

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IL divorce lawyerExperts are still saying that divorce rates are continuing to increase during the pandemic. People stuck at home together for months on end, job loss, and a lack of money are all contributing factors to this phenomenon. If you are considering divorce for any reason, below are the steps you will have to follow and what you can expect.

Eligibility for Divorce

Like all states, Illinois has certain requirements. Prior to filing, you must live in Illinois for a minimum of 90 days. You must also file in the county in which you or your spouse currently resides.

Divorce vs. Legal Separation

You may know you want a divorce, or you may choose a legal separation for religious or other reasons. A separation agreement is very similar to a divorce decree, as it will include certain legally-binding terms, such as parenting time, child support, and property division. Unlike a divorce decree, a legal separation does not mean you are divorced which can place limitations on you, such as being unable to get married again.

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