Call Today for Your FREE Consultation

630-416-7004

650 Diehl Road, Suite 117, Naperville, IL 60563

Subscribe to this list via RSS Blog posts tagged in Will County divorce attorney

Bolingbrook gray divorce attorney

Divorce can be difficult for any couple, and it often becomes more complicated the longer a couple has been married. When couples over the age of 50 choose to get a divorce, they face not only the end of a relationship that has formed a large part of their lives but also the prospect of coping with the challenges of old age independently. For this reason, it is important to properly prepare for the divorce process to reduce the possibility of an emotionally and financially stressful outcome.

Important Considerations for Older Spouses in Illinois

If you are pursuing a divorce in your 50s or beyond, you can improve your readiness by taking the following actions:

...

DuPage County divorce attorney mediation

The stereotypical depiction of divorce is often more fiction than fact. You have likely seen couples in movies screaming at each other from across an empty courtroom as a judge tries to get control over the proceedings. While this may be the case for divorcing couples who have a complex, contentious relationship, most spouses keep things out of the courtroom. Before making a decision on how you would like to pursue your divorce case, you should be aware of your legal options in Illinois. In order to appeal to the varying dynamics between divorcing couples, many law firms offer a variety of divorce resolutions.

Divorce Mediation

For couples who are splitting amicably and have productive communication skills, mediation is a good option. This form of alternative dispute resolution allows the spouses to work together to create their own, unique divorce agreement, without court intervention. A third-party mediator will be present throughout the process to keep things on track while remaining neutral to both spouses. They will not advocate on behalf of either party but will be well-versed in divorce law and the details of divorce agreements. Both spouses should show the agreement to their own individual attorneys before signing to ensure neither party is benefiting significantly from the agreement. 

...

Naperville divorce attorney parenting plan

If you are considering divorce and have children with your spouse, you may be wondering how things will be handled if you do decide to split. Not all divorcing couples experience contention in their parental relationship; some simply lose their romantic connection after some time together. Regardless of how amicable your relationship is, you are required to create a parenting plan according to Illinois divorce laws. Co-parenting can be difficult, especially with someone who you have legally divorced. This parenting plan will help guide you and your spouse with your future parenting arrangements and decisions, especially if you do not stay on friendly terms forever.

Illinois Requirements

Parenting plans are fairly customizable to fit each family’s unique needs; however, there are a few issues that are required to be addressed in an Illinois plan. The first topic that must be outlined is parental responsibilities. Divorcing parents must designate a custodial parent, or primary caregiver, and non-custodial parent. You should also detail who will be doing what, including each parent’s ability to make education, healthcare, and extracurricular activity decisions. Parenting plans will also include a detailed schedule, known as parenting time, which notes who will be caring for the child each day of the week. Each family’s parenting time arrangement will differ, with some choosing a more equal division and others having one parent be the primary parent. You must also include information about how you will handle disagreements on your parenting plan. Most parents will turn to mediation to avoid spending time in court, but if a history of abuse is present, this may not be applicable. One of the last required areas in an Illinois parenting plan is how to handle the relocation. If one parent wishes to relocate with his or her child out of state, he or she will need permission from the other parent, or the court, to do so.

...

Will County divorce attorney spousal maintenance

When it comes to paying spousal support or maintenance (alimony), a common question is, “What happens if my ex remarries or starts living with someone else?” Do you still have to pay alimony in this situation? Under Illinois law, the remarriage of a former spouse receiving alimony automatically terminates the paying spouse’s obligations, unless the divorce settlement or judgment specifies otherwise. Even if the receiving spouse does not formally remarry, but instead starts “cohabitating” with another person, the paying spouse can still seek a court order terminating spousal maintenance. But keep in mind, unlike with remarriage, cohabitation does not automatically end alimony obligations.

Appellate Court Finds “Friends with Benefits” Relationship Not Enough to End Alimony

Indeed, just because you believe your ex is now involved in a “de facto” marriage with someone else, that may not be enough to convince a judge. Take this recent decision from the Illinois Fourth District Appellate Court, In re Marriage of Blue. This case involves a couple that divorced in 2015. A marital settlement agreement between the parties required the former husband to pay the former wife $1,200 per month in alimony. The agreement followed Illinois law and specified that spousal maintenance would terminate if the former wife “cohabited with another person on a resident, continuing, or conjugal basis.”

...

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.

...

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. 

...

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. 

...
avvo mh three lod isba cba aba acr dcba wcba
Back to Top