Tag Archives: Hinsdale divorce lawyer

IL divorce lawyerWhen getting a divorce, many couples think it is going to involve a lengthy and bitter courtroom battle. However, this is often not the case. Many couples choose to settle their divorce through mediation. Mediation is a method of alternative dispute resolution in which the two spouses meet with a neutral third-party, the mediator. During these meetings, the mediator attempts to bring the couple to a mutual agreement on all terms of the divorce. The process requires compromise on the part of each spouse, but there are many advantages to the process, which are listed below.

Mediation Is Faster

When going through litigation to get a divorce, the couple is at the mercy of the court’s schedule. That, along with the fact that trials are often lengthy, makes litigated divorces take much longer than those that are settled during mediation. While a litigated divorce may take several months to a year to settle, mediation can involve just a few sessions that take place over the course of several weeks.

Mediation Is Less Expensive

Generally speaking, mediation is cheaper than going through litigation for divorce. Mediation does not involve fees such as court costs and the fact that it is a faster process than going to trial typically means that mediation is cheaper than going to court.

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IL divorce lawyerIt is natural to think that when getting a divorce, you should be able to point out any fault your spouse may have had in the breakdown of the marriage. This is particularly true if your spouse engaged in hurtful behavior, such as having an affair or domestic abuse. Many spouses are surprised to learn that Illinois is a no-fault divorce state, which means there are no grounds for divorce. However, that does not mean that if you or your spouse is at fault for the divorce, it will not have an effect on the proceedings.

Irreconcilable Differences and No-Fault Divorces

In Illinois, a person only has to state that they and their spouse have irreconcilable differences to get a divorce. This means that there has been a breakdown of the relationship so severe that there is no chance of reconciliation. One person does not have to prove fault and the two spouses do not have to agree on the divorce. If one person files, the divorce will proceed.

How No-Fault Divorces Benefit Spouses

People sometimes find it frustrating that they cannot file for divorce based on their spouse’s bad behavior. After all, if a spouse cheated, the other spouse should be able to use this against them in court. However, there is very sound reasoning for Illinois moving to no-fault divorces.

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IL divorce attorneyWhen two parents get divorced it typically means that the children of that marriage will spend much less time with one of their parents. Historically speaking, the parent to lose the most time with their children has been the father. Although today, Illinois courts are not supposed to take gender into consideration when allocating parenting time, the sad fact is that many still do. The data is there to support the notion that mothers are usually awarded the most time with their children. However, a new bill has been introduced into the Illinois House of Representatives, and it may mean equal time for both parents in future divorce cases.

Minimum Parenting Time in Illinois

Most people agree that when both parents are fit to raise their child, it is in that child’s best interests to spend equal time with both parents. Unfortunately, that rarely happens in Illinois and legal authorities in the state have continued to support favoring one parent over the other.

The Illinois Family Law Study Committee has found that it is in the best interests of the child to spend at least 35 percent of weekly time with each parent when both parents have been deemed good and fit. Although the Illinois State Bar Association also publicly supports equal parenting time, they have opposed the notion of each parenting getting that amount of time. In fact, the Association does not have a minimum amount of time at all for parents that are considered fit to spend time with their children.

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IL divorce lawyerWhen going through a divorce, you hope that your spouse will be honest when presenting certain facts of their case. Unfortunately, that is not always the case. Sometimes, spouses lie about their assets and when they do, it can present many challenges and result in an unfair settlement, or worse. There are many different reasons a spouse may lie about their assets but they can all hurt you in the end. For this reason, it is crucial that you understand how to identify signs of fraud, and how to protect yourself from it.

The Different Types of Fraud in Divorce

There are many different reasons a spouse may wish to lie about their assets during divorce, and a variety of ways in which they may attempt to do it. A spouse may ask a friend or family member to temporarily take possessions such as cash or stock options to prevent these assets from being divided in property division hearings.

Or, a spouse may try to hide income so they do not have to pay as much in spousal maintenance or child support payments. When they do this, they will often misreport their income on tax returns. Although this could result in criminal charges for them, it could also mean financial consequences for you. If you had filed a joint tax return with your spouse, you could face the same consequences yourself, which is extremely serious.

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IL divorce lawyerWhen two people decide to make a split in their relationship, one of the first and most difficult decisions is often where the couple will live. If they are not married but only living together, the choice is often much simpler, as the person whose name is on the lease or mortgage will inevitably retain use of the property. If a true joint lease or mortgage, then it can indeed be every bit as complicated. But for a married couple - especially with children - the challenge is deciding who will stay in the marital home. In most cases, men tend to be the ones to depart quickly upon conflict. But this may not always be a good decision. So, before you move out of the marital home, here are some considerations you might want to discuss with a DuPage County divorce lawyer.

He Who Stays and He Who Pays

Effective January of 2019, Illinois’ child support statute has dramatically changed. Unlike before, the law no longer creates a strict guideline based on just the number of children a couple has. Instead, the new law takes into considerations such as:

  • How many children the couple has
  • Whether there are children from other relationships
  • Who is paying health and dental insurance
  • Who is paying daycare and other childcare expenses
  • Relative income of both parties
  • The relative amount of parenting time each parent has

This is a significant departure from the past, and it can be a good thing for parents who have fairly equal parenting time with a spouse who earns far less. By having more equal parenting time and covering extra expenses for the kids, it reduces the amount of direct support that must be paid, if any. However, it is important to keep in mind that the marital home has a somewhat intangible effect on parenting roles. Here is why.

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