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There is no one right way to live life. Some people spend their adult years traveling the world or building a rich social life, some are more focused on advancing their careers, and others concentrate on raising a family. These choices are inspired equally by a person’s wishes, unique background, and financial circumstances.
With so many options to choose from, it is no wonder that people who get divorced can be in very different situations. Divorce can be very different for a couple where both spouses have high-powered, lucrative careers than for a couple where one spouse is a stay-at-home parent. There are common misconceptions that homemakers are at a disadvantage in an Illinois divorce, but the truth is every single couple’s divorce is unique to the spouses and their specific situations. An experienced Wheaton, IL divorce lawyer can review your case and help you set realistic expectations.
People often call on the Department of Children and Family Services (DCFS) if they are concerned for a child’s safety. Sometimes, their concerns are unfounded and based on wrong or lacking information. While parents can find it overwhelming and stressful to deal with DCFS showing up at their home and investigating claims of abuse or neglect, they still have rights. If you are in a situation like this, speak with an experienced DuPage County, IL family law attorney to understand how to protect yourself.
DCFS is a state agency that handles adoption and foster care cases and investigates accusations of neglect or abuse. It has a hotline that is open 24/7 that anyone can call if they want to report concerns about child neglect or abuse. If someone is worried that an adult responsible for taking care of children deprives them of their basic needs or mistreats them in a way that could lead to physical harm, DCFS investigates those suspicions.
When parents get a divorce, it can be physically and emotionally challenging for them to split custody. Parents often want the ability to help their children start their day every morning and tuck them into bed every night. Even if something keeps them from being with their children whenever they want, the idea of limiting their parenting time can be difficult to handle.
Beyond wanting their child with them as much as possible, some parents fear that he or she will not be safe. Whether the other parent lacks the ability or desire to provide the child with a safe and healthy environment, or there are concerns about violent tendencies or mental illness, these worries are distressing. If you suspect that your children will not be safe or properly cared for with their other parent, speak with an experienced DuPage County, IL child custody attorney about whether it makes sense for you to request a psychological evaluation.
When a couple gets divorced, they end their proceedings with a settlement that details exactly what is expected of each spouse. It outlines their parenting plan, spousal maintenance payments, division of property, and every other aspect of how their lives will proceed once the marriage is over. When one ex stops holding up their end of the deal, it can be extremely distressing for the other.
A recent case of a local man being held in contempt and jailed for two years for not paying his ex what he was ordered to pay in the divorce has highlighted just how serious the implications can be. If your ex is failing to comply with the terms of your divorce settlement, contact a knowledgeable DuPage County, IL family law attorney to review your options for enforcement.
One thing that can unite all people is the fact that every one of us is different. No one is exactly alike, which is why every marriage has a unique dynamic and every divorce can be distinctive. Luckily, Illinois law recognizes that one type of arrangement would not suit every couple looking to end their marriage. This article will examine different divorce options available in Illinois. If you and your spouse are considering divorce, speak with an experienced DuPage County, IL divorce lawyer to review your options and discuss which one best suits your particular needs.
This is one of the most common types of divorce. Spouses are not in agreement about one or more aspects of their separation. They each have their own lawyer who accompanies them as they negotiate till they have a finalized settlement. Since the process differs for each couple based on the specific issues they disagree about, contested divorce generally takes at least six months to finalize but can take much longer.
While most people dream of finding someone they can have their "happily ever after" with, not all marriages last forever. Since all people are different and unique, it makes sense that divorce might not always be the best option for every couple that wants to end their marriage. Depending on various factors and circumstances, legal separation might be a much more fitting option. If you and your spouse are considering ending your marriage but are not sure about divorce, speak with an experienced Wheaton, IL family law attorney to see whether legal separation could suit you better.
Even if staying together seems impossible, there are several reasons why divorce might not be feasible for a couple. Some include:
One of the issues single parents talk about a lot is child support. Whether the parents were married and then child support payments were ordered as part of a divorce or a baby was born to unmarried parents, it is an important arrangement that ensures parents have the money they need to give their children what they deserve.
In families where a father has no relationship with the mother or child but is legally obligated to make child support payments, he might be wondering how long this requirement lasts. A common misconception is that you pay child support until the child turns 18 years old, but that is not always the case and if you are a child support paying parent, it is important for you to understand all the factors involved. A knowledgeable Wheaton, IL child support lawyer can help explain them.
Parents typically need to pay child support until their son or daughter is no longer considered a child. In most cases, payments stop when the child turns 18 years old. However, some factors can make the period longer, including:
There is a lot of confusion about what a prenuptial agreement does. This legal document is intended to help spouses protect their assets and have open and honest communication about their finances and expectations. If a couple with a valid prenup later gets a divorce, it can help make the process go much smoother and faster, because a lot of the issues that need to be decided in divorce proceedings have already been agreed upon and finalized.
Some people mistakenly think that signing one spells doom for a couple before they are even married. People generally prefer not to think about divorce when they are still engaged to be wed, and having a prenup means there is some focus on the possibility that divorce could happen. Another common misconception is that once you have signed a prenup, your financial future is out of your hands. In truth, a prenup needs to meet several conditions before it can be considered valid and legally binding. If you were pressured into signing a prenup that you worry goes against your interests, have no fear. A dedicated DuPage County, IL prenuptial agreement attorney can review your prenup, explain the implications of it, and advise you whether it is valid.
When you realize you are headed toward divorce, your mind can be flooded by endless thoughts and concerns about what will happen to you financially. There are child support and alimony payments to think about. You and your spouse will have to figure out how you will be dividing your marital assets. On top of it all, couples getting divorced in Illinois also need to settle how they will divide their marital debt. If your spouse has amassed significant credit card debt, you are probably wondering whether you will be stuck paying for it all. A seasoned Wheaton, IL family law attorney can discuss all these issues with you and answer any questions you have.
Since Illinois follows an equitable distribution model, any assets and debts that a couple obtained during their marriage are fairly divided between the two spouses. As with asset division, debts are not divided equally, but fairly. If your spouse’s credit card debt was the result of covering the costs of your children’s education, household maintenance, or your career development,you will likely have to cover part of it. If the debt is from unnecessary spending on luxury items, that becomes less likely. Every case is unique and the court will consider all the relevant factors before deciding who needs to pay for what.
Divorce is one little word that contains so many aspects. When a couple is going through a divorce they need to understand what will happen with their children, their home, and their assets after the marriage is legally over. In Illinois, which follows an equitable distribution model, it is important to understand the value of everything included in the marital estate to ensure a fair division. This article will explore the topic of property valuation in Illinois divorce. To learn more, speak with a knowledgeable Wheaton, IL divorce lawyer.
When it comes to property division in a divorce, there are generally two options a state can follow: equitable distribution and community property. A community property model aims to split all the assets a couple has equally, with each spouse getting an equal half. In an equitable distribution state like Illinois, the courts strive to arrange for a division of property that is fair, but not necessarily equal.