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Is Illinois A Community Property State?

Unlike some states, Illinois does not recognize community property. It means that anything you acquire on your own or for yourself during your marriage is not necessarily divisible. However, if you are going through a high asset divorce in Illinois, you have more to lose than other divorcing couples. Property is divided into marital and non-marital portions in Illinois. This distinction is necessary when it comes to asset division during a divorce. (The court can also divide your property equitably between both of you as per any prenuptial agre...

Are Both Parents Given Equal Consideration for Child Custody in Illinois?

If you’ve recently started divorce proceedings in Illinois, you might be wondering whether both parents are given equal consideration for child custody or one parent is favored over another. As a loving parent, you may want to acquire full custody of your children. This is why, you might be interested in finding out that out of 12.9 million custodial parents in the US in 2018, four in five were mothers, according to the United States Census Bureau child custody statistics. If you’re a father, don’t let the thought that custody automatical...

Is An Uncontested Divorce Possible In Illinois?

Your marriage has run its course and you are ready to part ways with your spouse. If you are still on good terms and willing to work together, you can opt for an uncontested divorce with the help of our Schaumburg divorce lawyers. What Is An Uncontested Divorce? An uncontested divorce is one in which both spouses agree on all of the key terms of their split. This includes: Child support and medical insurance for minor children if the couple has any. Division of marital property. Child custody and child visitation schedule. Division of marital ...

Divorce And Child Support In Illinois Questions Answered

Is there a certain age where a child can decide for themselves which parents to live with? However, the court does take into consideration what the child wants, and that can play out in a couple of different ways. Sometimes in domestic relations cases concerning the allocation of parental responsibilities and the parenting time, a Guardian Ad Litem or Child Representative is appointed. In those cases, the child’s opinion may be heard through the appointed attorney. In cases where there is not a Guardian Ad Litem or Child Representative, and w...

Do I Need a Reason For Divorce In Illinois In 2021?

As of January 2016, irreconcilable differences is the only reason that can be used as a reason for a divorce in Illinois. The no-fault system allows spouses to show that those differences caused an irretrievable breakdown of the marriage and attempts at reconciliation have also failed. If you are going through a divorce and have a high net worth, hiring a high net worth divorce lawyer in Chicago can prove beneficial. Initially, in order to obtain a divorce in Illinois, spouses had to prove that there were grounds for a divorce. Some of these in...

How Do I Prove My Ex Is Hiding Marital Assets?

When a married couple reaches a point in their lives in which they believe their bond is broken irretrievably, divorce seems like a reasonable approach. However, whether the couple or one of the spouses has a high net worth or not, either one of them may try to hide marital assets so that they don’t have to split them as per Illinois law. If you think your spouse is trying to do this, hire a high-net-worth divorce lawyer in Chicago immediately. Division of Marital Assets in Illinois According to Illinois law, marital assets can include the fo...

Domestic Violence And Family Law Questions And Answers

As summer approaches, incidents of domestic violence spike. What are some tips to alleviate triggers that lead to domestic violence and how can family members in a household give each other space? First, understanding the change in routine is important. Although most kids have been doing e-learning due to the pandemic, transitioning from a school schedule to a summer schedule is still impactful. To help create some sense of normalcy when dealing with this change, signing the children up for different camps or programs that are offered for weeks...

Equitable Distribution In Divorce In Illinois

Equitable distribution in divorce, according to the Illinois divorce laws, involves dividing the marital assets that were acquired during the marriage. All states except California, Arizona, Nevada, Louisiana, Idaho, New Mexico, Wisconsin, and Washington follow the equal distribution principles. The Illinois Marriage and Dissolution of Marriage Act require all marital property obtained during the course of the marriage should be divided between the partners. To understand how the court determines the equitable distribution of property, you shou...

Do Unmarried Parents Have Child Custody Rights In Illinois?

To understand whether unmarried parents have child custody rights in Illinois, you need to understand the laws governing it first. According to Illinois law, child custody is divided into two aspects – legal and residential custody. The former pertains to the parents’ ability to make critical decisions for the child’s life which includes religious proclivities and schooling options. The latter determines where the child lives or spends most of his/her time. It also determines who has to pay child support. Both parents may share legal cust...

What You Need To Know About Child Custody Law In Illinois

If you are engaged in a bitter child custody battle in Chicago, IL, knowing the basics of Illinois child custody law can help you make the right decisions to protect your family. Here are some things you should know: Determine If The Court Has Jurisdiction Over The Case Before the court can decide custody, it has to have jurisdiction to do so. That means the legal right to judge the case as per the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). A custody case can only be started in Illinois if the state is the home state of t...

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