Posted on November 22, 2023 in Property Division

If you and your spouse achieved your goal of becoming homeowners during your marriage, either you or the court will need to determine what to do with the home during your divorce. A house is often a married couple’s most valuable asset. It is also - plainly - not possible to cut a house in half so you can each keep your share. While using tape to divide living space might work briefly in comedies, it is almost certainly not a practical solution in real life. Under Illinois law, all marital property is to be divided equitably. “Equitably” means in a way that is as fair as possible to both parties in light of all the facts and surrounding circumstances. If this decision is left to the court, it will consider a lot of different factors to decide what is fair. You and your spouse also have the option of using mediation to establish your own solution. It is very important to be represented by your own attorney, even if your divorce is amicable. 

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 Posted on November 14, 2023 in Divorce

Getting married young is not always a great thing. People in their late teens or early twenties may not have fully grown into their adult personalities or truly realized their identity yet. It is common for those who marry young also to divorce young. In fact, young divorce should likely be more common than it is. Many individuals who are getting divorced in middle age or later adulthood have been unhappy in their marriages for a very long time - often since they were roughly your age. In many ways, ending an unhappy marriage while you are still in your 20s or early 30s is the smart move. Even if you have young children together, separating and co-parenting is likely better for your child than staying together but making each other miserable. It is important to be represented by a lawyer with experience representing young adults in divorce, as there are specific issues more likely to affect them. 

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 Posted on November 08, 2023 in Divorce

Although a divorce decree is considered “final,” it can sometimes be modified under the right circumstances. When a divorced person experiences a substantial change in circumstances, they might be able to have their divorce decree modified to reflect those changes. Illinois law recognizes that a divorce decree might have made sense at the time it was made, but can become impractical when circumstances change. If you have had a significant life change that makes following your divorce decree as it is currently written impossible or very difficult, you should speak with a Will County divorce lawyer about petitioning the court for a modification. Modifying your divorce decree based on your current circumstances can ensure that you continue to be treated equitably after going through a life change. 

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 Posted on October 25, 2023 in Divorce

The first step toward getting divorced in Illinois is submitting a petition to the court in the county you live in. Filing this petition starts the divorce process. A petition for divorce is a document that tells the court you intend to legally divorce your spouse. Certain information must be included in this document, including both of your contact information. Your petition for divorce must also claim a legal ground for divorce. Grounds for divorce used to be things like infidelity, habitual intoxication, and extreme cruelty. Now, there is only one recognized ground for divorce - irreconcilable differences. After you file, formally serving your spouse with divorce papers is usually the next step. While you technically are not required to have an attorney, it is not a good idea to try to do this alone. Divorce can be a complicated legal process, and it is best to have a qualified Illinois divorce attorney representing your interests. 

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 Posted on October 20, 2023 in Child Custody

It is fairly normal for one parent to want to move away after getting divorced. However, when making child custody decisions, a court can consider how difficult moving the child back and forth between their parents’ residences is. It is one of the factors Illinois child custody law requires judges to consider when making parenting time arrangements. When divorced parents live close to each other, it is usually very easy for them to coordinate frequent custody exchanges. When they live far apart, custody exchanges may not be possible nearly as often. This could result in an arrangement where the children need to live with one parent most of the time so that they can attend school regularly. The other parent may only be able to have parenting time during school holidays. It is important to speak with your Illinois family lawyer about how moving away could affect your child custody case. 

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 Posted on October 13, 2023 in Divorce

Most divorces are not easy. In fact. Getting divorced is considered one of the most stressful life events people can go through. Even when the spouses are amicable and can work together fairly easily, the divorce process can be emotionally taxing. If your divorce is more contentious, you may have an even more difficult road ahead. It is important to take some steps to protect your mental and physical health during this stressful time. Although it may feel like your Illinois divorce is going to go on forever, it will come to an end. It is important to be represented by a skilled Illinois divorce attorney who can look out for your legal interests while you focus on yourself. Our lawyers understand how hard it can be to get through a divorce and we will support you in any way we can. 

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 Posted on October 05, 2023 in Divorce

If you have started reading up on divorce in Illinois, you might have heard the term “complex divorce.” This term is fairly self-explanatory. A complex divorce is a divorce that will be more complicated than most, usually because the spouses have a lot of assets that are difficult to divide up. Your divorce might also be considered complex if you will need to contest it in court rather than trying to settle it by agreement, or if you have a complicated child custody situation. Having even one or two unique or challenging issues might mean that your divorce will be complex. If you are going into a complex divorce, it is important to be represented by a highly experienced Illinois divorce attorney. Complex divorce cases require special care. 

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 Posted on September 27, 2023 in Divorce

Legal separation and divorce are both methods of separating from your spouse. Both legal processes can help you and your spouse decide who will keep control of certain assets and how you will share parenting rights and duties once you are apart. However, this is roughly where the similarities end. Divorce is a far more permanent step than legal separation. 

Additionally, while divorce terminates the marriage, legal separation does not. Spouses who legally separate are still married in the eyes of the law, even though they no longer live together in a marital relationship. This can offer some benefits, as legally separated spouses can still file taxes jointly or keep each other on their health insurance policies. Your attorney can help you determine whether divorce or legal separation is the right option for you. 

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 Posted on September 15, 2023 in Spousal Maintenance

One common cause of stress and tension that can continue even after a divorce is finalized is spousal support (previously known as alimony). In many marriages, the earning power between spouses is uneven and results in a lopsided financial arrangement that can hurt a lower-earning spouse after divorce. This is especially true if one spouse gave up career ambitions to care for a couple’s young children. 

Nevertheless, it is common for the paying spouse to disagree with the necessity or fairness of spousal support and to not make these payments. If this sounds familiar, you do not have to solve this problem on your own. Consult with an experienced spousal support attorney who can help you with the enforcement process and ensure you receive the money you are entitled to under the law. 

Why Is My Spouse Not Making Spousal Support Payments? 

People sometimes come on hard times and fall behind in making spousal support payments for many reasons. If your ex typically makes spousal support payments on time and has only recently fallen into arrears, you may want to consider reaching out to them directly and asking for an explanation. You may be able to work something out between the two of you, although it is wise to get such an agreement in writing. 

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 Posted on September 14, 2023 in Divorce

Infidelity is one of the leading causes of divorce. This kind of betrayal can sever the bond between a married couple. Although it is a common cause of divorce, many people are still confused about whether it can affect spousal support and parental responsibilities in Illinois. You can consult an experienced attorney to help you navigate this complicated divorce process. 

Can Your Ex-spouse Still Get Spousal Support if They Cheated?

Illinois is a state that mandates no-fault divorce, so there is no requirement to establish grounds for divorce, such as adultery. As a result, infidelity itself usually does not directly affect spousal support payments. 

The role of spousal support is to ensure that both spouses can maintain a living standard that is roughly equivalent after a divorce. The criteria for calculating spousal support include the following: 

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