Posted on September 08, 2016 in Alimony/Spousal Support

If you are considering a divorce or are already going through divorce proceedings, you may be curious as to how spousal support, sometimes called maintenance or alimony, is determined by the court. There are several factors that are considered when spousal support is established, but no single factor is determinative. Rather, the court looks at the whole picture when deciding whether spousal support is appropriate, and if so, to what degree.

Your divorce attorney in Wheaton who handles spousal support requests and modifications can help you as you consider what type of support, if any, you believe your spouse should provide, given the specific circumstances.

What Factors Do the Courts Consider When Deciding Spousal Support in Illinois?

The relevant factors the court will consider when deciding matters related to spousal support or alimony include:

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 Posted on September 06, 2016 in Divorce

High net-worth divorces are much more complex proceedings than those involving couples of more modest means. If you have substantial individual or marital assets and are considering or entering into divorce proceedings, it is imperative that you select an Illinois divorce attorney who has experience handling high-asset and complex divorces, as opposed to solely standard family law practice. Not all family law attorneys are well-versed in the financial complexities and nuances relevant to high-value asset divorces. Our high-net worth divorce attorneys have both the financial and legal know-how to navigate the intricacies of equitable asset division for couples with sizeable wealth.

What Makes High-Asset Divorces Unique?

The obvious reason that high-asset divorces are unique is that they involve more property division decisions. Some of the issues that often come into play in complex divorce cases include:

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 Posted on August 30, 2016 in Post-Judgment Modification & Enforcement

When a divorce is finalized, the parties are typically relieved to know that the disputes have been resolved, at least legally, and that they have a final order on which to rely when making decisions about issues such as parenting time, spousal and child support. The parties generally feel some measure of closure as divorce proceedings wrap up, even when they did not get everything they sought or had to make some compromises along the way. However, it is possible to modify a decree in Illinois. As such, if you are seeking to modify the terms of your divorce decree, an experienced family law attorney can help you navigate the process.

Disparate Circumstances Can Lead to Conflict Over Divorce Terms

A divorce is meant to be final. The truth is, however, that people's circumstances do sometimes change, and the terms of a divorce decree may no longer be fair and just, given the change in one party's financial standing, for instance. Unfortunately, conflict typically stems from the parties' disparate positions. While one party has experienced a life change of one sort or another and feels the divorce terms are no longer suitable, the other party often resists any changes to the divorce decree and clings to the feeling of finality and closure it brought at that time.

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 Posted on August 25, 2016 in Mediation

Many Illinois couples choose to utilize the mediation process to come to an agreement during divorce proceedings. In some cases, the court may actually mandate that a couple spends time with a neutral mediator before asking the court to ultimately decide the terms of a divorce. No matter the reason for choosing mediation, there are many benefits, though mediation is not appropriate under all circumstances.

Your divorce attorney in the Wheaton area can help you weigh your options when deciding how best to proceed with your divorce dispute resolution.

Mediation Advantages

There are numerous advantages to selecting mediation as a form of alternative dispute resolution, including:

• Time and cost-effectiveness - Mediation is typically faster and less expensive than the drawn-out court proceedings;
• Tailored to your needs - Parties have a hand in creating the agreement;

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 Posted on August 23, 2016 in Post-Judgment Modification & Enforcement

If you have a divorce decree, parenting plan agreement, or spousal or child support order in place, it can be incredibly frustrating – even infuriating – when your former spouse or partner does not live up to his or her part in the agreement or court order. Fortunately, an experienced family law attorney in Illinois can help you seek compliance from your ex.

When Your Ex Refuses to Comply or Cooperate with a Court Order

The entire purpose of going through the initial settlement or litigation process was to obtain an official arrangement so that all parties can move forward. Yet, when one spouse or partner refuses to comply, it can make all the previous time and expense spent finalizing the divorce or parenting plan seem wasted. This, however, is not the case.

Court Orders Are Enforceable

Once a divorce or child custody (parental responsibilities) case is finalized, the order is legally enforceable and a party seeking to change or modify the order must go through the court. Neither party can simply just decide to change their obligation without court approval - even if there is a very good reason.

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 Posted on August 18, 2016 in Finances and Divorce

Divorces can be complicated, and when you believe your spouse is hiding high-value assets to prevent the court from seeing the whole picture in terms of your family's finances, the proceedings can get that much more complex. Hidden assets can directly affect the outcome of your divorce and must be addressed immediately.

If you have reason to suspect your spouse of hiding assets from the court, it is a good idea to consult with an experienced family law attorney right away. Your Wheaton family law attorney will have experience locating hidden assets, persuading spouses to be more forthright with the court, and holding difficult or dishonest spouses accountable for hiding information necessary to gauge how the marital assets should be divided.

What Is a Hidden Asset under Illinois Law?

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 Posted on August 16, 2016 in Collaborative Law

Illinois allows spouses going through a divorce to utilize a system called collaborative law, rather than the adversarial judicial process. If you are interested in learning more about whether a collaborative divorce is right for you, consult an experienced family law attorney in Illinois.

What Is the Collaborative Divorce Process?

Instead of going to trial and having a judge decide the matters that you and your spouse may not be able to resolve alone, the collaborative law process allows you to make the decisions about your divorce together, with the help of your attorneys. A collaborative divorce may also include other professionals such as therapists, financial advisors, or child psychologists.

Everyone involved in the collaborative process illustrates his or her commitment to the method by signing an agreement at the onset. If parties are unable to reach an agreement, the attorneys must bow out, and the parties will need to choose alternate counsel to pursue a trial. This gives incentive for both spouses and attorneys involved to truly try their best at collaboration.

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 Posted on August 11, 2016 in Divorce

If you and your spouse are going through a contentious divorce or one with significant assets and you are concerned about how your spouse may deal with finances and marital assets throughout the process, you may want to learn more about financial restraining orders in Illinois. One of our experienced family law attorneys can go over your finances with you and help you determine whether filing for a financial restraining order would be in your best interest.

Why File for a Financial Restraining Order?

Divorce proceedings can be costly, stressful and emotionally-charged. When spouses are angry and worried about finances, they sometimes act out financially or attempt to punish the other spouse by overspending or blocking access to bank accounts and other funds. A financial restraining order can prevent your spouse from locking you out of your accounts, or blowing through the marital savings during your divorce proceedings.

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 Posted on August 09, 2016 in Child Custody

Most states, including Illinois, consider the best interest of the child as the primary factor in deciding matters related to the child or children in divorce proceedings, child custody cases, child support, and even paternity. But, what is actually considered to be the best interest of the child can vary from state to state. If you are involved in a divorce, custody fight, or other legal matter involving your child or children, our firm's experienced family law attorneys can help you. We can assist you in determining what the best interests of your child may be, what factors the court will consider in making decisions related to your child, and how best to demonstrate to the court what you believe is in your child's best interest.

What Factors Will the Court Consider when Deciding Best Interest of a Child in Illinois?

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 Posted on August 04, 2016 in Same Sex Marriage in Illinois

Now that same-sex marriage is the law of the land, many people have questions about how existing civil unions and domestic partnerships may be affected. If you are in a civil union and would like your union recognized as marriage, one of our experienced family law attorneys in DuPage County can help.

We can advise you as to how moving from a civil union to marriage under Illinois law may affect your tax liability, health insurance, immigration status, and other responsibilities, protections, and benefits. We can also help you determine whether keeping your domestic partnership as a civil union rather than a marriage will best suit your family's needs.

History of Same-Sex Marriage and Civil Unions in Illinois

While the U.S. Supreme Court legalized same-sex marriage in its landmark Obergefell v. Hodges decision last year, same-sex marriage has been legal in Illinois since 2014. In addition, civil unions have been available to same-sex couples in Illinois since 2011.

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