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Posted on in Divorce

In most divorces, there are a multitude of different concerns which must be settled. Child custody might be the focal point in some cases.  Other times, the division of assets is the pivotal concern.  Most of these issues can be tackled in two separate ways, either emotionally or rationally.  The latter is the appropriate way to think about whether or not you should keep the house in a divorce.

The first step in answering the question about keeping the house in a divorce is to examine the financial specifics of the house.  How much is still due on the mortgage?  Would you be able to make monthly payments in order to keep the house?  What about other upkeep expenses to maintain the house?

Then it is essential to understand how your personal finances will be affected by owning a house separately from your ex.  It will be beneficial to refinance the debt on your house but it might be difficult to do with only one income.  Not only will you have to settle with the bank but your spouse will need to be reimbursed for their portion of the property.  This can be accomplished in most cases by exchanging a retirement or investment account.


ChristineMarriage is a collection of years and memories that represent two lives connected. When it happens to dissipate, you cannot take back those years nor the memories; however, the property(s) you have jointly accumulated can be. In some fashion or another.

Hearing "prenuptial agreement" prior to the wedding day makes some shudder, some even loudly explaining how they do not need it at all because their marriage will be perfect and will work. However, with today’s statistics not playing in anyone’s favor, it might be a good idea to look into a pre-nup to ensure what you came into the marriage with leaves with you.

During the process, there are some other things to consider. If both spouses live on the same property, it is important that all the assets have been listed, what their value is and organized by if the property is joint or separate ownership. The taxes of said assets need to be determined.


Posted on in Divorce

The Illinois Marriage and Dissolution of Marriage Act is the legal basis for child custody proceedings in Illinois. The Act has statutes on child custody matters in case of dissolution or invalidation of marriage, as well as for governing a case of a parent petitioning for custody in the county where they are permanent residents. The IMDMA also talks about matters that might not be as common in courtrooms, and we will look at one of these matters.

The right of a stepparent to file a petition for custody under certain conditions is part of the IMDMA. Since this is not the most common arrangement, there are conditions for these proceedings. The conditions list all of the following:

- the child is at least 12 years old

Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners Illinois Association Criminal Defense Lawyers DuPage County Criminal Defense Lawyers Association
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