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Naperville divorce attorney judgment order

Divorce cases in Illinois often take many months--and sometimes years--to fully resolve. During this time, it is possible that one spouse may pass away. If this happens, what effect does it have on the divorce case? For example, can the surviving spouse enforce a property division order against the deceased spouse’s estate?

Deceased Husband Owes Wife $25,000 for Misconduct in Divorce Case

A March 2020 decision from the Illinois Third District Appellate Court, In Re Estate of Strong, addressed the rights of a person to assert a creditor claim against the estranged spouse’s estate. In this case, the husband and wife married in Germany in 1986. The husband returned alone to the United States in 2013 and filed for divorce in Illinois a year later. When the wife failed to respond, the Illinois court granted the husband a default judgment of divorce.

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Will County child support attorney

There are many circumstances that can lead to a divorce, and every situation is unique. Illinois divorce law makes it somewhat easy to justify your reason for wanting to legally end your marriage. Citing irreconcilable differences is the only grounds for divorce in Illinois. However, nothing about divorce feels that simple when you are going through it, so having the assistance of an experienced divorce attorney can make the proceedings less intimidating. As you are preparing to file, it is important to consider the several routes that a no-fault divorce can take.

Illinois’ Divorce Laws

In Illinois, you do not have to find fault with your spouse to legally justify your reason for wanting a divorce. In the past, you would have to prove that your spouse was adulterous, an alcoholic, abusive, or engaging in other harmful behaviors. Since Illinois is a no-fault state, you can file at any time and get divorced in a fairly quick manner if both you and your spouse consent to the terms of the settlement. Your divorce decree will contain information on spousal support, property division, as well as child support and parenting time if you have children. 

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Plainfield parenting time attorney

When most people get married, they intend the union to last a lifetime. However, that is not always the case due to various reasons. Statistics show that between 40 and 50 percent of all marriages in the United States end in divorce. In some cases, infidelity, abuse, financial or cultural differences can put a significant strain on a relationship, causing it to break down. Spouses may try counseling to save their marriage, but in many cases, it might be too little, too late, ultimately leading to the difficult decision to part ways. When a couple has children together, there are many issues that need to be resolved before the divorce can be finalized in Illinois. This includes the allocation of parental responsibilities and parenting time, formerly known as child custody and visitation. Divorce typically requires an adjustment period for everyone involved, but an experienced family law attorney can guide you through the process.  

Creating an Effective Parenting Plan

A parenting plan is a legal document that outlines important matters that affect any children in a divorce, including how those decisions will be made. This plan also includes a parenting time schedule, which specifies what days of the week each parent sees his or her children. 

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