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Orland Park divorce lawyer

Frequently, legal blogs provide a concentrated look at the parts and pieces that make up a divorce. They explain each area in-depth and look at the finer details of the different aspects of divorce. However, it is also important to take more of a bird’s-eye view at the divorce process to understand how it plays out as a whole. Hiring an experienced divorce attorney is always the first step you should take. Not only can an attorney give you a better idea of what the road ahead of you looks like, but he or she can provide an outside perspective on your case while advocating on your behalf.

Filing a Petition

As with any legal process, the court must be notified of the impending legal action. A person who wishes to get a divorce must file a petition. The state of Illinois does not have a waiting period to file a petition, but at least one of the spouses must legally reside in the state on the day of the filing. In order for an Illinois judge to grant the divorce, one spouse must have legally resided in Illinois for 90 days before the judgment.

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Oak Forest child support lawyer

When parents get a divorce, they will both continue to be responsible for providing for their child financially. The Illinois Marriage and Dissolution of Marriage Act includes regulations about when and how child support must be implemented into a custody arrangement. Most often, the noncustodial parent will be legally obligated to pay the custodial parent a particular amount. However, depending on several factors, including if parents share equal or near-equal amounts of parenting time, this may not always be the case. By working with an attorney, you can ensure that all the relevant factors are taken into account when calculating child support obligations.

What Factors Are Considered When Determining Child Support?

The amount of child support that a parent has to pay is based on a formula laid out in state law. This formula determines a Basic Support Obligation that is based on the number of children and the income earned by both parents. Each parent will contribute a percentage of this obligation, depending on the amount they contribute toward their combined income and, in some cases, the number of overnights the children spend with each parent every year.

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Posted on in Divorce

Illinois divorce attorneysIt can be one of the worst feelings for an unsuspecting spouse who receives notice that the person they are married to has filed for divorce. Even if you had previous suspicions that they were not engaged in your relationship like they once were, nothing truly prepares you for the day the devastating news arrives.

If you were blindsided by your spouse’s divorce filing, you might be asking yourself what you can do to preserve your marriage, and whether you can fight it in court. The hard truth is – attempting to do so would likely be a costly waste of time.

Fighting Divorce in Illinois

The bottom line is that while it takes two people to get married, it only takes one willing spouse to get a divorce. Marriage is a legal contract entered into by a couple, but both parties do not have to agree to end the agreement.

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Posted on in Divorce

Orland Park mediation attorneysWhen divorce goes from probability to certainty for a couple, thoughts of a prolonged court battle and potential financial difficulties often come to mind. For soon-to-be-ex spouses who want to avoid those scenarios, mediation is a potential solution that can also foster a positive partnership moving forward.

What is Divorce Mediation?

Divorce mediation is a voluntary process that lets couples discuss and plan their futures in respectful joint cooperation. By using a trained divorce mediator, you can achieve a divorce settlement that benefits both parties while maintaining control throughout. It is available for married couples and domestic partners, regardless of income level or if children and custody are involved.

Intense emotions are understandable during divorce. You do not have to be 100 percent amicable to go through mediation. You simply need to enter into the process willing to negotiate in good faith. 

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3 Things to Update in Your Estate Plan if You Are Getting Divorced

Tinley Park estate planning and divorce lawyerDivorce comes with a long, long list of things that you need to do and items that you need to give consideration to. If you are getting divorced, one of the things that you should be thinking about is your estate plan and what the end of your marriage means for that plan. You are most likely going to need to change some things in your estate plan, but what should you be looking for? Here are three things that you should review and update following your divorce:

1. Power of Attorney

A power of attorney for finances allows another person to manage your affairs if you are unable to do so yourself. You and your spouse probably have executed a power of attorney at some point, but you should revoke this as soon as possible, as it may give your spouse access to your assets. This can be particularly important if the divorce is not going to be a smooth one. In addition, you may have executed a power of attorney for healthcare which named your spouse as a health care proxy, authorizing them to make healthcare-related decisions for you if you are unable to do so. You will likely want to revoke this authority as well following your divorce.

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Unique Marital Assets and How to Divide Them in an Illinois Divorce

Oak Forest divorce lawyer for dividing marital propertyDivorce affects your entire life, from your living situation and daily routine to your finances. Under normal circumstances, finances can be a headache, and in the case of a divorce, they can be even more frustrating. Your assets and finances are a big part of your divorce settlement, and because of that, you will probably have a few questions. Who should take the house? Who gets the antique dining table in your home? How will you divide your retirement funds? These questions can be daunting, but they do not have to be impossible to resolve. With a little research and advice from a knowledgeable divorce lawyer, you can make the best decisions for your family.

The Family Home

During divorce, the easiest thing to do is to sell your house if you or your spouse do not have a particular attachment to it. By selling your house, you can your spouse can split the profits and carry on with your lives if you have equity in your home. If one spouse wants to keep the home, you will have to figure out if you can afford to keep it, and the home will need to be refinanced to remove the other spouse from the mortgage. Either way, you should get a proper valuation of your home so you know what you are dealing with.

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3 Common Misconceptions About Divorce in Illinois

Palos Heights divorce lawyerDivorce is not uncommon; depending on which reference you are using, the divorce rate in the United States is reported to be anywhere between 40 and 50 percent. With that number in mind, you would think that more people would understand the ins and the outs of divorce, but many topics still seem to be misunderstood by most people. Here are three widely accepted “facts” of divorce and the truths behind them:

1. If One Spouse Is at Fault for the Divorce, They Will Be Penalized

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) only recognizes “irreconcilable differences” as the grounds, or reason, for divorce. No-fault divorce only requires a spouse who files for divorce to state that their marriage has irretrievably broken down, without requiring them to provide a reason. The IMDMA states that decisions about property division and spousal support cannot be made with regard to any sort of marital misconduct. So in short, unless a spouse is dissipating marital property in an affair (such as by using marital funds to buy gifts for a paramour), adultery or other reasons one spouse is at fault will likely not affect the legal aspects of a divorce.

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Recent Changes to Spousal Maintenance Laws in Illinois

Tinley Park spousal maintenance lawyerIn many divorce cases, one spouse may be required to pay spousal maintenance (also known as alimony or spousal support) to the other for a certain period of time following the end of the marriage. This typically occurs in situations in which one spouse earns a higher income, when a parent has chosen to remain at home to care for children rather than earn an income, or when one spouse helped the other obtain education or pursue career advancement. 

Spousal maintenance is meant to help a spouse continue living in the manner they were used to during their marriage while allowing them to become financially self-supporting. Spouses who expect to receive or pay spousal support after their divorce should be aware of some recent updates to Illinois law that may affect them.

Maintenance Amount

In Illinois, the amount of maintenance is determined by subtracting 20% of the recipient’s gross income from 30% of the payor’s gross income. This amount, when added to the recipient’s income, cannot be larger than 40% of the spouses’ combined incomes. 

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Tips for Protecting Children During Divorce

Cook County divorce lawyer parents childrenThe process of ending a marriage is rarely easy, but it can lead to a more positive situation for everyone involved, including divorcing spouses and their children. However, children will often experience a great deal of anxiety and stress during their parents’ divorce, so it is important for parents to do everything they can to protect them throughout the divorce process. Here are some tips for how to reduce the negative effects of divorce on children:

  • Avoid conflict in front of children - When a marriage breaks down, it can be hard for spouses to be civil to each other. However, it is important to avoid arguing in your children’s presence, since this can make the process more difficult for them. Work to resolve your differences in a respectful manner without involving your children in any way.
  • Work together with your ex-spouse - While cooperation with your ex will likely be difficult, you will need to be able to work together as co-parents in raising your children. Ideally, you should both inform your children of the divorce together after agreeing on what you plan to say, and you should establish ground rules that both of you will follow during your respective parenting time.
  • Offer reassurance - Children often feel that they are to blame for their parents’ divorce, so it is important to make sure they understand that it is not their fault and that both you and your ex-spouse will always love them and be a part of their lives. Take some time before introducing a new love interest to them, since additional changes to their lives can lead to stress and uncertainty.
  • See a therapist - Avoid talking to your children about the reasons for divorce, complaining to them about the other parent, or relying on them for emotional support. Instead, visit a therapist to discuss your feelings. Children may also benefit from seeing a counselor who can help them work through their emotions and learn how to adjust to the changes in their lives.
  • Consider mediation - Trying to resolve divorce disputes in court can be costly and stressful for everyone involved, including children. Divorce mediation allows couples to address their legal concerns in an amicable, cooperative manner, establishing methods for working together as they continue to raise their children in the years to come after their divorce.

Contact a Palos Heights Divorce Attorney

If you are considering divorce, or if you need help resolving issues related to your children as you work to reach a divorce settlement, the attorneys of Anderson and Associates, P.C. can provide you with the representation you need. Contact an Orland Park divorce lawyer today by calling 708-226-9904 to arrange a free consultation.

Sources:

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Chicago Bar Association DuPage Association of Woman Lawyers Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association
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