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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...

Commingled Property in a Divorce

Division of property and assets can be an extremely complex and difficult task during a divorce. It becomes even more complex when a commingled property is involved during the settlement negotiations as deciding who owns the property can be a huge issue, especially if spouses do not keep a detailed accounting record of their assets and transactions during their marriage. There are inherent complications attached with commingled properties, therefore, it is recommended that couples develop an understanding of their state’s law and regulations...

Will My In-Laws History of Child Abuse Be Factored into our Custody Agreement?

During divorce proceedings, child custody is an extremely important aspect that must require great consideration by the court. There are different federal and state laws that govern legal authority of parents to take a decision that may affect legal and physical custody of a child. These laws are in place to devise an effective legal structure for relationships between divorced parents and their children. In each case, the court considers “best interests of the child” their utmost priority when making their judgment. There are a number of f...

Property Division – What Exactly Can be Divided?

One of the primary aspects of a divorce is property division between spouses. If spouses cannot mutually agree on division of their property and debts during a divorce, the court may assume responsibility of dividing their assets under Illinois Marriage and Dissolution of Marriage Act. Many couples are unclear about laws pertaining to property division in case of separation, and rightfully so. There are two schemes when it comes to division of assets namely community property and equitable distribution. The former allows property acquired durin...

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