Tag Archives: Illinois divorce lawyer

hinsdale illinois divorce lawyerReason 9:  The truth is elusive in an Illinois divorce.

Parties in a divorce case frequently do not tell the truth. It seems obvious, but sometimes forgotten, that many husbands or wives simply do not tell the truth during their divorces. Hidden assets, undisclosed income, and phony debts to business associates, parents, or relatives are commonplace in divorce.

In many ways, spouses in a divorce frequently think they are clever in coming up with lies, false accusations, as well as transfers of assets which they believe will never be discovered during a divorce case. In fact, your husband or wife may try to intimidate you into believing that they can successfully lie and get away with it.

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illinois back child support remarriage"My wife and I were married in 1990 and we had a child together. We divorced in 2002 and I was ordered to pay child support. I did my best to pay the support in full each month but came up short on a couple of payments when I was out of work. In 2010 my wife and I remarried and we all started living together as a family again. She never once asked me to pay child support during this time. I was served with divorce papers last week and now my wife says I owe her $10,000 in past-due child support even though we remarried. Is she right?"

The answer to this question involves good news and bad news.

The bad news is that you should have gone to court and modified your child support payments when you were out of work. This way your child support payments would have been easier to manage and you might not have accrued any past due support. For more information about how to modify you child support payments, click here.

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veteran divorce lawyerReason 6:  Divorce law varies from county to county within the State of Illinois.

One example of county to county variables in Illinois is maintenance includes the following: Some counties are more favorable to the wife who receives maintenance while others favor husbands who pay maintenance. Likewise, there are no guideline like there is for child support in determining the length of time maintenance is paid by one spouse to another.  In some Illinois counties, such as McHenry County, the divorce judges use the length of the marriage as a rule of thumb formula for how long maintenance is awarded in a divorce case.

Removal cases are yet another example of how divorce law has varied depending the county where the case is heard. Illinois law 750 ILCS 5/609(a) states that a party seeking to remove the minor child (children) or move out of state permanently, must ask for leave of court to remove the child. There have historically been differences between when a Cook County versus a DuPage County court in granting permission to the mother or custody parent to relocate a child's residence to another state. This is known as a "removal case." The circumstances or facts permitting or denying removal have historically varied from one Illinois county to another.  See "Have Kids, Might Travel: The Need for a New Roadmap in Illinois Relocation Cases; Cagle, Lance."

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illinois divorce lawyer

Reason one why you need a divorce lawyer in Illinois: You need to choose the right county to file your divorce case. Do you really want to be litigating with your spouse in Cook County, Illinois? In Cook County, you're contested divorce case may more than 3 years from start to finish.

That's right: Choosing the right county in which to file a divorce is critical to the length of time your divorce case may take. If you anticipate that you will have a lengthy fight with your spouse over custody, a division of assets, or any other major issue, the county where the divorce is filed may be the most important decision you make in the case.

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cohabitation spousal supportMy ex-wife just moved into her new partner’s house. Do I still have to pay spousal support payments?

Divorce rates in the United States have increased two-fold since 1970, with nearly 50.6 percent of all marriages resulting in divorce. Generally, courts look to the contribution of both parties to determine the proper equitable relief required to make the two parties to the divorce whole. Such contributions include: support of the working spouse, the raising of children, maintaining the household, and completing a degree. In some instances the court awards spousal support payments to that spouse who played more of a support role in the relationship, in order to help that spouse get back on their feet.

The Basics of Spousal Support

 Spousal support was originally created to help each spouse maintain their same quality of life that they enjoyed during the relationship, allowing the spouse to rehabilitate themselves through education or the purchase or lease of a new home. On most occasions, spousal support is not a permanent expense for either party, and under Illinois law §750 ILCS 5/510(c), spousal support ceases - by operation of law and absent a separate agreement - when the party receiving the spousal support cohabitates with a new partner.

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