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The Impact of Domestic Violence on Divorce in Illinois

Many marriages end up in a divorce due to domestic violence, as the household environment becomes extremely dangerous for the victimized spouse and children. However, according to the recent changes in the IMDMA, Illinois is now a no-fault divorce state. This means that domestic violence cannot be used as a ground for divorce, and there must exist be irreconcilable differences leading to an irretrievable breakdown of marriage. According to the American Academy of Matrimonial Lawyers, attorneys surveyed indicated a sharp rise of 32 percent in di...

Understanding Fair and Equitable Asset Division in Illinois Divorce

Illinois is an equitable distribution state when it comes to dissolution of marriage. During a divorce, it can be a daunting task to evaluate and divide marital property, especially when significant assets are involved. Deciding who should get what often leads to contentious court proceedings, where one spouse tries to provide maximum amount of assets as non-marital party and the other partner wants to get as much share as possible. Even when divorce is being settled through negotiation, property and asset division pose a challenge for both spo...

What to do When you are Served with Divorce Papers in Illinois

A divorce process begins with one spouse filing a petition with the court. In Illinois, you are required to complete a number of documents, such as the Petition for Dissolution of Marriage, Summons, and a few others, that are served to the defendant. In some cases, an Injunction order or an Application for Temporary Matters are also served. These documents can either be served by a spouse in person to their partner, or through a process server, who is generally the county Sheriff. If you have been served with divorce papers, it is essential you...

The Best Way to Settle a Divorce with Minimal Hassle and Stress

If you are contemplating filing for a divorce, you must be wondering how you will manage the legal costs and how much time it may take to finalize, among other things. However, the amount of money and time you may have to spend on your divorce generally boils down to two things: the type of divorce and how willing you and your spouse are to work out an agreement on key issues. If you have an amicable relationship with your spouse, you can choose an easy, less contentious, less time-consuming, and low-cost divorce option: uncontested divorce. It...

What You Should Know About Post-Divorce Judgment Issues

After a divorce has been settled, problems between the ex-spouses sometimes persist that can be handled by following proper legal procedures. Fortunately, some aspects of the dissolution of marriage agreement are modifiable, if the situation for either party has changed to the extent that it mandates the modification of the divorce decree. In most cases, post-divorce judgment issues arise due to child-related matters, such as parenting time and child support. If you file a petition in the court for modification, you need to prove that the circu...

Bankruptcy and Spousal Maintenance: What you Need to Know

Filing for bankruptcy is a major decision that significantly affects the financial affairs of the petitioner. Payment plans are drafted, the automatic stay is issued, creditors are informed of the bankruptcy status, and certain debts are eliminated altogether. However, if you are going through a divorce, you may be confused about what will happen to your spousal maintenance payment after you have declared bankruptcy. Will you have to pay your alimony obligation or will it be discharged? Spousal Maintenance – A Non-Dischargeable Financial ...

Important Steps to Take After your Divorce has been Finalized

Your divorce has been finally settled. No more legal documentation and paperwork, no more court proceedings, no more contacting your attorney, and no more fighting. However, there are still some important unsettled matters that you must take care of before you can finally breathe a sigh of relief. Here is a list of things that you should address after your divorce to reflect your newly single status, both financially and legally. Thoroughly Review the Divorce Decree This may seem like an obvious thing to do, but many people do not even bother t...

Is Property Division through Mediation a Good Idea?

Relationship breakdown and the decision to get a divorce can lead to a series of emotionally distressing events. Not only do you have to cope with the stress and emotions, but also make important decisions regarding division of assets and property. You may have worked hard with your spouse to build a life together, bought vehicles and a home, started a business together, and saw your investments grow with time – it will not be easy for you to divide everything without letting anger and disappointment influence you. Instead of going to court a...

All you Need to Know about 2017 Child Support Law

Governor of Illinois, Bruce Rauner, signed the Public Act 99-0764 into law on August 12, 2016. It changed the way child support is calculated by Illinois family courts. This new law has been put into effect as of July 1, 2017 after which two sections of the IMDMA have been modified, i.e., 750 ILCS 5/510 and 750 ILCS 5/505. Why Were Changes to Illinois Child Support Law Made? For the past 30 years, the percentage model had been used for child support determinations. However, the limitation of that model is it only takes into account the supporti...

Why High Net Worth Divorces Are More Complex

When substantial marital estate is involved, the division of property and divorce process becomes more contentious and complicated, with disputes arising at every single point. It is common for individuals having high value to have significant marital estates, which may include business interests, real estate holding, investments, complex trusts, international assets, and retirement accounts. These high net worth assets can make divorce proceedings highly complex, making property division challenging for everyone involved. Illinois is an equita...

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