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Recent Blog Posts

Can One Lawyer Handle a Divorce for Both Spouses?

 Posted on March 04, 2021 in Divorce

St. Charles IL divorce attorneyIf you have recently made the decision to pursue a divorce, you will probably have many questions. You might wonder how much the process will cost you, how long the proceedings will take, and what you should expect along the way. There is also the issue of hiring an attorney to help you through your divorce. In today’s digitally-connected world, countless online resources offer guidance on handling a divorce without a lawyer, but doing so is not usually a good idea. It is especially dangerous if you and your spouse have children together or have even moderate wealth. Hiring an attorney is the best course of action, but do each of you need a separate lawyer, or can a single lawyer handle the proceedings on behalf of both of you?

Conflicting Interests

At its most basic, marriage is a type of contract between you and your spouse, which makes your divorce a legal proceeding to dissolve the marriage contract. Technically, this means that you and your spouse are opposing parties in the case, regardless of how well you get along and whether or not you have reached an agreement regarding the details of your divorce.

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Three Unexpected Things That Can Affect the Cost of Your Divorce

 Posted on March 04, 2021 in Divorce

DuPage County divorce attorneySo many uncertainties pop up when you know that divorce is in your future, and one of the biggest questions people have is about the price tag. It is no secret that getting a divorce can be expensive, but many people do not realize just how expensive a divorce can be until they are in the middle of the chaos. Some divorces can be completed for as little as a few thousand dollars, while other divorce price tags can jump into the hundreds of thousands. But why is there such a big price difference from divorce to divorce? For the same reason there are such big differences in the divorce agreements: no two situations are the same.

Factors That Influence the Cost of Divorce

There are various elements that factor into a divorce that can affect the cost of the process. These factors can include:

  • Whether your divorce is contested or amicable: One of the biggest factors in determining how expensive your divorce ends up being is the ability for you and your spouse to cooperate. If you and your spouse are on the same page and you do not have any major disagreements, your divorce will likely cost much less than if the same issues were contested.

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4 Tips for Avoiding Mistakes in Parental Responsibility Disputes 

 Posted on February 26, 2021 in Child Custody

St. Charles IL family law attorneyDivorce is hard, no matter what the circumstances are or how “friendly” the divorce may be. Not only is it the end of a marriage, but the finality often hits home over and over again as discussions and negotiations take place regarding a couple’s assets and debts. Who gets the living room set? Who gets the good china? However, the hardest part about divorce typically involves the couple’s children and how parental responsibilities and parenting time are going to be divided.

When You and the Other Parent Cannot Agree

In the best cases, parents are able to come to an agreement and work out a parenting plan that will serve the best interests of their child while respecting each parent’s rights. In such cases, the court will generally approve the plan presented by the parents. Sometimes, however, the parents cannot agree, and litigation becomes necessary. Unfortunately, litigation has a tendency to turn bitter and contentious, which can be extremely difficult for children to deal with.

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Dealing With Parenting Time Disputes and Interference in Illinois

 Posted on February 25, 2021 in Child Custody

Naperville IL family law attorneyIn today’s world, most divorces are settled in some sort of amicable fashion. As the understanding of family, child, and adolescent psychology has evolved in the past couple of decades, family courts have increasingly advocated for couples to settle their issues in agreement with one another, which can lessen the burden on everyone. Unfortunately, however, not everyone is able to do this. Some couples end up in contentious situations that breed resentment that follows them into their post-divorce life.

Child-related issues such as parenting time and parental responsibilities are very emotionally driven topics that are often the cause of disputes after the divorce is final. Sometimes, a parent can take a dispute to the extreme and begin to interfere with the court-ordered parenting plan, which causes even more stress for the family.

Creating a Parenting Plan With Court Intervention

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Indicators That It Might Be Time to File for Divorce in Illinois

 Posted on February 24, 2021 in Divorce

St. Charles IL divorce lawyerNo one gets married with plans to get divorced. However, a large number of marriages—between 30 and 40 percent, according to recent estimates—fail to stand the test of time. Ending a marriage relationship is the most personal of decisions, and doing so can be incredibly difficult emotionally. Nevertheless, there are many things that may signal that it is time for you to file for a divorce.

What Are Irreconcilable Differences?

In 2016, the Illinois legislature abolished all fault grounds for divorce in the state. As a result, the only required grounds for divorce are that the marriage has irretrievably broken down due to irreconcilable differences. This basically means that the law recognizes the need for divorce when the marital relationship cannot be saved.

Nobody should have to live in a situation where there is constant bickering or where one or both partners no longer feel connected to each other. If it is difficult to have civil conversations with your spouse, it may be time to consider divorce. Other signs that a divorce may be the best option include infidelity, major substance abuse issues, financial dishonesty, or the simple inability to find joy and happiness in the relationship.

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How Does Debt Division Work in an Illinois Divorce?

 Posted on February 23, 2021 in Asset Division

DuPage County marital debt division attorneyWhen going through the divorce process in Illinois, couples typically focus on how to divvy up assets they acquired during the marriage. Less attention is paid to the financial obligations the parties incurred since the wedding date, so debt in divorce is often overlooked. In particularly contentious cases, bitter disputes and court battles may erupt as one spouse attempts to hold the other accountable for the amount due. Even if you are on relatively good terms, marital debts can often stand in the way when you are trying to reach an agreement on distributing real estate and personal property.

It is always wise to rely on experienced legal counsel when addressing divorce-related issues, so you should consult with an attorney about your specific circumstances. However, an overview of Illinois law may help you understand the basic concepts.

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Tips for Creating a Parenting Plan in Your Illinois Divorce

 Posted on February 22, 2021 in Child Custody

St. Charles family law attorneyWhen you and your spouse decide to get a divorce, there are a large number of decisions that need to be made about the various areas of your family’s lives that will be affected by your split. Perhaps most important for parents of young children is determining how to allocate parental responsibilities. A divorce can be a time of uncertainty for your children, but a strong parenting plan will help them succeed and ensure that both parents play an active role in their lives after the divorce.

What Is a Parenting Plan?

A parenting plan is an agreement between parents detailing how their children will be cared for after the divorce. This plan is an official part of the divorce decree, and it can help make the transition into post-divorce life as seamless as possible for a child as he or she adjusts to living in two homes and dividing time between parents.

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Is It Better to File for Divorce Before or After Bankruptcy?

 Posted on February 19, 2021 in Divorce

Naperville IL divorce lawyerDivorce can be a particularly expensive legal endeavor, especially for couples who already have complicated finances. When a couple or one of the spouses is struggling with debt, the costs of divorce can be incredibly difficult to bear. Many people benefit from pursuing debt relief through bankruptcy around the time of their divorce, but if this is something you are considering, you should understand how the timing of your filings can affect your finances and the divorce process.

Timing Your Divorce and Bankruptcy Filings

Some couples choose to file for bankruptcy together before beginning the divorce process. One benefit of doing so is the ability to share bankruptcy fees and costs with your spouse. Filing for bankruptcy before divorce can also help to simplify the division of marital assets and debts, especially in the case of Chapter 7 bankruptcy, through which certain assets are liquidated in exchange for the discharge of debt. Having a more clear understanding of where your finances will stand after bankruptcy can lead to a more equitable distribution.

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Protect Your Future By Dealing With Debt Before Your Illinois Divorce

 Posted on February 18, 2021 in Property Division

St. Charles IL divorce attorneyDivorce is an emotionally and financially complex process that affects around 800,000 Americans each year. Sadly, some studies estimate that a person’s net worth could be reduced by as much as 77 percent by the time their divorce decree is finalized. The good news is that this is not always the case. In fact, those who plan and prepare effectively for divorce often fare better than those who do not.

Start by Taking an Honest Look at Your Debt

You may have heard about how important it is to account for all of your assets before your divorce. This is true, of course, but it is often just as important to carefully examine your debt. After all, debt is not going to simply disappear once the divorce is over. Instead, any debt belonging to the marital estate will be distributed between you and your spouse, much like your assets will be. However, there are often additional complexities when it comes to dividing debt. For example, mortgages and other large debts may not be as easy to “split” because the lender or extender of credit may not be willing or able to remove one of you from the account.

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Moving On With Your Life After Escaping an Abusive Partner

 Posted on February 15, 2021 in Domestic Violence

St. Charles domestic violence attorneyFew people expect that they will need to protect themselves from a romantic partner. However, one out of four women and one out of nine men experience domestic violence, accounting for 15 percent of all violent crimes. Victims of domestic violence can take steps to escape an abusive situation by seeking help from an attorney and filing for an order of protection from their partner or spouse. However, even after escaping domestic abuse, many people struggle to move on and rebuild their lives.

What Is an Order of Protection?

An order of protection is a court-issued directive that provides legal protection for victims of domestic violence, abuse, or stalking. An order of protection can include a variety of requirements, including an order to stop the abuse, limits on contact between an abuser and his or her victims, and a requirement for the abuser to move out of a shared home. Having an order of protection in place can provide safety, and an alleged abuser can face serious consequences, including criminal charges, for violating the order. Police will take any domestic calls very seriously when a person has an order of protection in place.

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