Recent Blog Posts
How to Divorce a Missing or Unresponsive Spouse
Posted on August 18,2022 in DuPage County Divorce Attorneys
Generally, when a couple or individual decides to end their marriage, one spouse will file for divorce, and the other spouse will respond. Spouses will spend the remainder of the divorce process negotiating over things like asset division and child custody. However, when one spouse has gone missing, serving divorce papers can be difficult or impossible. Other times, a spouse may simply decide to be uncooperative, refusing to respond to divorce papers or attempt to resolve divorce issues.
People who want to get divorced but do not know where their spouse is are not doomed to stay stuck in their marriage. There are ways to get divorced, even if your spouse is missing or uncooperative, and an experienced Illinois divorce attorney can help.
How Does a Missing Spouse Change the Divorce Process?
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Gen Z Marriage Rates Look Different Than Every Other Generation
Posted on August 12,2022 in Wheaton Divorce Attorney
Nearly everyone knows that marriage rates are not what they used to be. Perhaps unsurprisingly, divorce rates are changing, too - but not in the way you might expect. While 83 percent of people born between 1928 and 1945 (dubbed “the Silent Generation”) were married by age 37, researchers predict that Gen Z - born between 1997 and 2012 - are marrying far less. While this cohort is still quite young, the expectation is that only 60 percent of white Gen Zers will be married by 40 years old, while black Gen Zers might reach levels as low as 23 percent. Why is this happening, and what does it mean for America?
Is There a Relationship Between Low Marriage and Divorce Rates?
Just as the Baby Boomers were married at much greater rates than younger generations, they have made headlines by pursuing divorce in staggering numbers. In recent years, more than 30 percent of divorces were made up of Baby Boomers going their separate ways.
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Divorced With Kids Heading Back to School? Here are Five Tips to Make the Transition Easier
Posted on August 05,2022 in Child Custody
The divorce is finally over and life is easy again. Right? Maybe not so fast. Although you no longer share a house with your ex, if you have minor children, you are likely still dealing with extensive communication around planning for the upcoming school year. While the kids are probably excited (and you might even be looking forward to having them occupied during the day), preparing for the first school year after an Illinois divorce can take some serious work. Here are five suggestions for how to get ready for school.
Budget for School Supplies
Generally speaking, the parent with the majority of parenting time is receiving child support that already factors in the paying parent’s contribution towards school supplies and extracurricular activities. This means the parent with the majority of parenting time is usually responsible for school shopping. You can ask the other parent for help paying for supplies, but he or she is not obligated to send more money.
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Will Divorce Ruin My Retirement Plans?
Posted on August 02,2022 in DuPage County Divorce Attorneys
People getting divorced in Illinois frequently worry about finances and perhaps never so much as when they are on the cusp of retirement. Pensions, investment plans, and savings accounts are the product of many years’ worth of hard work, sacrifice, and painstaking planning. The prospect of dividing assets in a divorce can be devastating. While a divorce attorney cannot guarantee a perfect outcome, having the help of an experienced firm on your side can help you mitigate the financial impact of divorce on your retirement prospects. Here are three questions to ask yourself as you gather your financial information before the divorce.
What Will Your Social Security Benefits Be?
Spouses who have been working their entire lives often have a healthy amount of Social Security waiting for them upon retirement. But for spouses who have worked only a little or not at all, a spouse’s benefits may be the best option. If you have been married for at least 10 years, you may be eligible to receive up to half of your spouse’s benefits. If your ex-spouse plans on collecting based on your work history, your benefits will not be affected.
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Three Situations That May Make a Change of Venue Necessary in Your Illinois Divorce
Posted on July 29,2022 in DuPage County Divorce Attorneys
Before your Illinois divorce can begin, you will need to choose the county - or venue - in which you want to file for divorce. Generally speaking, the spouse who files for divorce gets to choose the venue where the divorce will take place. However, the responding spouse can object to the venue and petition for change. If your spouse already filed for divorce and you are worried that the venue may negatively affect you, it is essential to have an experienced Illinois divorce attorney who can help you petition for a change of venue. Here are three reasons you may want a different divorce venue.
Distance
Sometimes spouses who are getting divorced have already separated households. If one spouse moves to another county and files for divorce there, the distance may be too great to comfortably move back and forth for court dates or mediation sessions. This is especially true if the responding spouse has minor children who need to be cared for during court dates.
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Will My Spouse Have to Help Pay My Student Loans After Divorce?
Posted on July 25,2022 in DuPage County Divorce Attorneys
Americans' average student loan debt is now nearly $40,000, just $5,000 less than the median individual income. For some students, such as those with graduate degrees in medicine and other highly competitive fields, the cost of an education can be hundreds of thousands of dollars. While the promise of education and the returns on investment it may bring leads many people to get deeply into student debt, getting out of that debt is not so easy.
For many married couples, their student loan debt may be their most significant liability. And while a couple may have agreed that one spouse would go to school to pursue greater opportunities, when confronted with the prospect of divorce, the other spouse may suddenly be hesitant to share the responsibility of that debt. So what does an Illinois couple do when they are getting divorced with student loans?
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What Should I Do if My Child is Making Allegations of Abuse During Divorce?
Posted on July 20,2022 in Child Custody
The world becomes a different place for most people once kids enter the picture. The natural instinct is to protect your children at all costs, and when the threat is coming from your child’s other parent, the stress may feel like more than you can bear. Unfortunately, child abuse is fairly common and in the heat and stress of divorce, child abuse may be even more prevalent. If your child is telling you that they are suffering at the hands of your co-parent, listen to them and take their allegations seriously. Then take action by meeting with a family law attorney who has experience handling matters of custody in Illinois.
Signs Your Child May Be Abused
Managing cases of abuse or neglect is easier when a child is able to speak up about their treatment, but sometimes this is not possible. You may need to keep a close eye out for signs that your child is being abused. These include, but are not limited to:
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Can I Get Custody of My Child if I Establish Paternity in Illinois?
Posted on July 18,2022 in Paternity
Fathers used to get the short end of the stick when it came to child custody disputes. Often held responsible for paying child support without any real options for getting custody of a child, fathers were left paying for a relationship they frequently did not get to participate in fully. Both fathers and children suffered because of this in the past, but with recent changes in Illinois family law, you do not have to suffer the same fate when it comes to your relationship with your child.
Illinois courts now recognize the importance of both parents playing a significant role in a child’s life. To that end, the law has changed in such a way that allows fathers to get custody of a child (known as “parental responsibilities” and “parenting time” in Illinois) - but they must first prove they are, in fact, the child’s father. To learn more, read on and then contact an Illinois paternity and child custody attorney.
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Three Things to Know About Illinois Divorces Involving Domestic Violence
Posted on July 12,2022 in Domestic Violence
Because litigating divorces is costly in terms of both time and money, Illinois courts can require couples seeking a divorce to attend mediation and work out their issues without help from a judge. For couples dealing with domestic violence, however, mediation may not be wise and might even be dangerous. If you are considering a divorce and have an abusive partner, it is important to understand how domestic violence can impact the divorce process in Illinois and to have a great divorce attorney who can help you leave the relationship safely.
Mediation and Collaborative Divorce May Not Be an Option
Dealing with a spouse who is physically violent, emotionally abusive, or manipulative makes negotiating in good faith practically impossible. If your spouse would use negotiations as an opportunity to intimidate you, lie about your finances, or gain the upper hand in matters of child custody, it may be best to stay away from alternative dispute resolution methods and allow your divorce to be resolved in court with help from a judge.
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Can I Get Divorced Without Help From an Illinois Divorce Attorney?
Posted on July 08,2022 in DuPage County Divorce Attorneys
Although divorce is a heated emotional affair, people who are getting divorced need to be cool-headed and strategic. This can be difficult, especially because most people getting divorced have never been divorced before and have very little experience with the legal system. For some, getting divorced without the help of an attorney is a possibility because their divorce is uncomplicated, uncontested, and reading complex legal content and filling out forms is not intimidating. For others, however, the prospect of getting divorced without legal help is something of a nightmare. Here are three reasons you may want to work with an Illinois divorce attorney.
Filing Forms
Determining which forms to fill out, which information to provide, and where to submit the forms can be a complex process. The forms need to be filled out correctly and even small mistakes can cause major delays because court dates may need to be rescheduled. Clerks and judges cannot help you fill out forms and cannot give legal advice. An attorney has experience filling out the forms, checking them for errors, and making sure that you provide all the necessary information to the right sources.
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