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The Effect of Domestic Violence on Divorce and Custody

Domestic violence is a common family issue around the United States and can have significant effects on divorce and custody proceedings. In Illinois, keeping children safe from domestic violence, particularly during ongoing divorce proceedings, is a priority. The Domestic Violence Act The Illinois Domestic Violence Act was introduced in 1986, defining domestic violence as both physical and emotional abuse, interference that hinders personal liberty and willful deprivation. The Domestic Violence Act identifies victims as not limited to a spouse ...

Pensions and Divorce

The process of divorce can be extremely overwhelming and stressful for many individuals. Aside from the emotional toll, there are several legal complications and financial issues such as child support, child custody, spousal maintenance and asset division, which require consideration. When it comes to asset division, a pension is complex. A pension is a fund set up by an employer for their employees. It helps employees save money during their employment, which is used for living purposes during retirement. When a couple seeks divorce, dividing ...

How Long Will My Divorce Take?

If you are considering filing for divorce, you might be wondering how long it takes to complete the divorce process. It is a difficult question to answer. The time frame of a divorce process varies greatly from one case to another, depending on various factors involved. How Long Does It Take to Get Divorced? There are several factors that come into play when a married couple seeks separation. These factors can affect the time it takes to finalize your divorce process. Here are a few of them: Cooling off period – Your jurisdiction can pla...

Spousal Support Under Recent Law in Illinois

In 2015, Illinois lawmakers approved an amended version of spousal maintenance law. Many cases that were decided under the previous law are being evaluated for modifications or maintenance reviews considering the new regulations, when appropriate. Here are some of the important aspects of the new law that you must understand. Existing Spousal Maintenance should be Modifiable If an individual wants the court to consider a modification on their existing order for spousal maintenance, it is necessary that it must be modifiable. Spousal maintenance...

Mediation and Child Custody Disputes

Divorce cases come with several complexities and intricacies as there are so many aspects involved, ranging from spousal maintenance to property division. It does not come off as a surprise that the most heated matter which gives rise to dispute is child custody. Of course, the stakes are extremely high and things can escalate real quick due to high emotions attached to this issue. Therefore, it can be highly beneficial to procure services of an experienced divorce lawyer to remedy the situation. Can Mediation Help in Child Custody? There are m...

Legal Guardianship: A Comprehensive Overview

Family law is inherently complex and difficult to understand due to various intricacies and variables involved that come into play. Especially, when it relates to the safekeeping of a child, the legal classifications can be quite confusing. Many people fail to differentiate between guardianship and custody; however, both of these terms refer to different things. How is Legal Guardianship Different from Custody? The primary difference is the parentage of the child. While custody is granted to the biological parent of the child, the legal guardia...

Division of Social Security Benefits in a Divorce

When a couple seeks a divorce, there are different legal and financial implications that must be considered such as alimony, child custody, and division of assets, which can lead to various disputes and disagreements. Therefore, it is important to understand how a divorce can affect the aforementioned factors. When it comes to asset division, one of the most complicated areas is the division of social security benefits between spouses. Social Security Administration has provided some specific guidelines on their website to help spouses plan the...

Debt Division in Illinois

When drafting prenuptial agreements, couples are mainly concerned about the term of spousal maintenance and division of property, assets, and income that each spouse owned before the commencement of their marriage. However, they may completely ignore the issues pertaining to their debt and financial obligations in case they seek a divorce after the marriage. This can present certain problems if they actually decide to dissolute their marriage as debt division can be quite challenging and complex in many instances and dealt differently due to st...

Understanding Legal Separation vs. Divorce

People often synonymously use the term “legal separation” and “divorce”; however, in reality, both differ quite a lot. Opting for both options creates a space between spouses, but unlike a divorce, a legal separation does not result in the dissolution of the marriage. As per the census data released in 2010, 2% of the people in the United States claimed to be separated while more than 9% claimed to be divorced. Legal separations are not a popular choice for spouses who do not want to live together, but they can prove to be helpful, espe...

Tax Implications with Spousal Support

Spousal support, previously known as alimony, is a stream of payment that an individual is obligated to pay to their spouse after a separation or divorce. It is also termed as financial support, maintenance, or subsistence. No matter what terminology is used, spousal support has certain tax implications that need to be considered during a divorce. Hence, it is important to consult an experienced spousal support lawyer to ensure your tax returns are filed correctly. Tax Implications of Spousal Support The spouse who receives the alimony is liabl...

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