Family Law and Personal Injury Attorneys
Recent Blog Posts
What Happens if We Divorce and Then Change Our Minds?
It can be extremely difficult to know when a marriage is truly over. If a couple has been together for some time, there can be strong feelings and many happy memories that make it hard to break up. Sometimes, a couple gets divorced but then realizes that they still love each other and want to stay together.
If you are considering your options and weighing the possibility of a divorce, it is important to understand what might happen if you and your spouse reconcile after the divorce has been finalized. Also, it may be wise to consider alternatives to divorce, such as legal separation or a postnuptial agreement, that provide legal protection without dissolving the marriage.
Divorce is Permanent
Divorce, called "dissolution of marriage" in Illinois, permanently ends the marriage. Once the court issues a divorce decree, it is difficult, and often impossible, to go back and undo the decision. If a divorced couple wishes to get back together, they have the option to remarry. However, in order to remarry, the couple must obtain a new marriage license and go through the marriage process again.
Avoid These Common Financial Mistakes in Your DuPage County Divorce
Divorce represents one of the most significant financial transitions a person can go through, and it can be easy to make costly mistakes if you are not careful. During your divorce, you may need to address shared assets, joint debts, child support, spousal support, and other significant financial matters. Making smart decisions during this time is essential for your financial well-being and your post-divorce future. Here are five common financial mistakes to avoid during your DuPage County Divorce.
Being Ignorant About the Household Finances
In some couples, one partner takes care of bill-paying and other financial responsibilities while the other spouse handles non-financial responsibilities. If you are unfamiliar with the family finances, now is a great time to learn. Gather as much information on your family’s finances and assets as possible, and make sure that you understand the full financial picture before making any decisions during divorce.
Should I Work With a Mediator During My Divorce?
Divorce mediation is a process during which divorcing spouses discuss unresolved divorce issues and look for mutually-agreeable solutions. It can be used to resolve disputes about child custody, division of assets and debts, spousal maintenance payments, and other issues that come up during a divorce. Mediation can also help divorcing parents communicate better and provide an opportunity to create a workable post-divorce parenting plan. This blog will explain the advantages of mediation for divorcing spouses in Illinois as well as the limitations of mediation as an alternative resolution method.
Basics of The Divorce Mediation Process
When divorcing spouses can agree on the terms of their divorce and avoid the courtroom, they can save significant time and money. The divorce mediation process helps couples reach a mutually acceptable agreement in a non-adversarial environment with the help of a trained, neutral third-party mediator. During mediation, both spouses are given the opportunity to present their own positions as well as any concerns about children or finances. The mediator then helps facilitate discussions and encourage compromise. The mediator does not make a decision or pass judgment on either party's position—rather, they help the parties devise an agreement that is acceptable to both of them.
Understanding Parenting Time Restrictions in Illinois
Prior to 2016, the time a divorced or unmarried parent spent with his or her child was called "visitation." However, courts have since changed the language in the Illinois Marriage and Dissolution of Marriage Act (IMDMA) to refer to this time as "parenting time." In order to ensure that the best interests of the child are served, restrictions on parenting time may be put into place by Illinois courts.
When Are Parenting Time Restrictions Implemented?
Courts presume that it is best for a child to have maximum involvement of both parents in his or her life. However, the child's best interests are the most important factor that courts consider when determining the parenting arrangement. When there are serious concerns about a parent’s ability to provide an appropriate and safe environment for their child, the court may find it necessary to implement restrictions on parenting time.
How Does a Guardian Ad Litem Affect a Divorce Case Involving Children?
When parents get divorced, they must figure out how to handle the allocation of parental responsibilities and parenting time. Some divorcing couples are able to reach an agreement about who will have the child on what days, who will retain the majority of the parenting time, and how important decisions about their child will be made. Other couples are unable to reach an agreement about one or more of these issues, and the court steps in to make a decision on the parents' behalf.
The court seeks to resolve child custody disputes in a way that best serves the child. In order to gain more insight into a custody dispute and determine what is in the child's best interests, the court may appoint a guardian ad litem to the case.
What Does a Guardian Ad Litem Do?
A guardian ad litem is an attorney appointed by the court to represent a child's best interests in a divorce or child custody proceeding. The guardian's role is not to take sides or provide legal advice but instead to gather information and present an informed opinion to the court.
Property Division in Your Illinois High-Net-Worth Divorce: Complex Assets
When spouses with a high net worth divorce, the property division process can be complicated and contentious. There are a number of factors that must be considered in order to ensure that each spouse receives a fair share of marital assets. Identifying, valuing, and dividing property during a high-net-worth divorce can be a difficult task, as there are often a large number of assets to be divided, and many of these assets are complex in nature.
Identifying Marital Assets
The first step in dividing marital assets is to identify all of the assets that are subject to division. Any assets obtained by either spouse during the marriage are marital assets. Non-marital assets include any property earned or otherwise obtained before the marriage or after the spouses were legally separated. However, determining what is marital property and what is non-marital property is rarely this simple. For example, the increase in value of non-marital assets may be considered marital property. Property can also be transmuted from non-marital property to marital property through the commingling or mixing of assets.
Arranged Marriage and Divorce in DuPage County
Did you know that over half of all marriages in the world are arranged marriages? An arranged marriage is a marriage that is set up by the spouses' respective family members or a matchmaker. Arranged marriages are most common in the Middle East, South Asia, and Africa. However, individuals living in the United States may also enter into arranged marriages.
The overall U.S. divorce rate hovers around 40-50 percent. However, only about four percent of arranged marriages end in divorce. Some argue that the low divorce rate is a product of excellent matchmaking skills, while others cite cultural norms that encourage spouses to stay together and work out their differences.
If you or a loved one are in an arranged marriage and considering divorce, it is important to know what to expect. The divorce procedure for arranged marriages in Illinois is the same as the divorce procedure for self-selected marriages. However, many divorcing spouses in this situation may encounter personal, legal, financial, and familial challenges when dissolving an arranged marriage.
What Can I Do If My Spouse Sold, Destroyed, or Wasted My Property During Divorce?
When a couple gets married, they inevitably combine their finances, property, and personal belongings. Unfortunately, this becomes a point of vulnerability in some divorce cases. If one spouse feels they have been wronged, they may use the shared property to take revenge on the other spouse. A spouse intent on exacting revenge may smash the other spouse's record collection or sell their property without permission. They may drain the joint savings account during a vacation with a new lover, intentionally wreck a shared vehicle, or take other vengeful actions out of spite.
If your spouse has sold, destroyed, or wasted your property during a divorce, there are some legal steps you can take to protect yourself and possibly recover reimbursement for what was taken from you.
Financial Restraining Orders During Illinois Divorce Cases
We typically think of restraining orders in terms of domestic violence, but some restraining orders apply to financial actions. In Illinois, financial restraining orders can be used in a divorce case when one spouse is trying to hide or dissipate (waste) assets. This order requires that all financial accounts, and any other shared property, remain exactly as they were until the division of assets has been finalized.
5 Tips for Getting Through Your High-Conflict Divorce in Hinsdale
High-conflict divorce is wrought with disagreement, resentment, and hurt feelings. Every divorce involves some degree of contention, but a high-conflict divorce is often characterized by ongoing hostility, litigation, and often a lack of civility between the parties. Alternative resolution methods like mediation may be out of the question, and communication between parties is often strained.
But even if you are facing a contentious divorce, there are still steps you can take to help manage the situation and come out of it in a better place. Here are five tips for getting through your high-conflict divorce in Hinsdale,
How to Handle a Divorce When Your Spouse is Hostile and Refuses to Cooperate
Each case is different, but a high-conflict divorce often involves greater legal complexities than a typical divorce. Spouses may also experience substantial emotional and psychological difficulties during the divorce process. They may have trouble sleeping or concentrating, feel anxious or depressed, and even exhibit extreme revenge-seeking behaviors. If you are headed for a high-conflict divorce, make sure to prepare yourself for what is to come and build a strong support system to help you get through this challenging time in your life. Additionally, consider the following:
How Much Alimony Will I Have to Pay If I Get Divorced in Illinois?
Alimony is not ordered in every Illinois divorce case. However, a spouse may be required to pay alimony in certain circumstances. If you are the breadwinner in your family and you plan to divorce soon, you may have questions about your alimony obligation.
Alimony payments, called "spousal maintenance" in Illinois, can be substantial. It is crucial that you understand your rights and responsibilities if you suspect that maintenance may be a factor in your divorce.
Spousal Maintenance May Be Negotiated or Ordered by the Court
There are a few different ways that a spouse may receive spousal maintenance through their divorce. Some couples sign prenuptial agreements or postnuptial agreements that entitle the lower-earning spouse to alimony. If you do not have an agreement describing your alimony obligation, you have the option to create one as a part of your marital settlement agreement.
© 2024 Law Office of Martoccio & Martoccio 15 North Lincoln Street, Hinsdale, IL 60521 630-920-8855
