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Recent Blog Posts

Avoid Common Divorce Pitfalls

 Posted on May 31, 2013 in Divorce

Divorce often triggers an emotional rollercoaster that can cause us to make foolish mistakes that we end up regretting later. An article in the Huffington Post mentions a few of these mistakes. Avoiding these common pitfalls will help you to deal with your divorce more sensibly and spare you from some of the emotional pain.

LeeviFirstly, it is often hard to sever ties with your former spouse. While maintaining a close friendship might feel like a good idea, it will likely only cause more pain and sorrow. Take the time to heal from the divorce fully before you allow your ex back into your life.

While your ex is not the best friend to have at this point, it does not mean that you should endure your divorce alone. You will most certainly need professional help with your divorce. It is important to hire an experienced divorce attorney who will represent you through the divorce process. Other experts can help you to process your emotions and understand what you are going through.

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Common Issues During a Litigated Divorce

 Posted on May 30, 2013 in Distribution of Assets

The issue with any fight is that there isn&t always a clear end or a clear winner. While divorce doesn&t have to be a battle, going to court may create one. The following is things you may expect if you decide to forgo mediation and decide on carrying out a lawsuit to gain dissolution to your marriage.

The first thing you can expect is for a litigious divorce to take a while. There is no arbitrary time limit that dictates how long a divorce can be in court. It can take anywhere from months to years to differing degrees of annoyance.

The second is that the litigation may end up being quite costly. Lawyer fees will generally mount as couples find it impossible to agree on topics like child custody or financial support. This goes hand in hand with the lengthy process of litigating a divorce.

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Spousal Maintenance in Illinois

 Posted on May 26, 2013 in Divorce

Although many states refer to alimony as the payment from one spouse to a former spouse after the marriage has been dissolved, in Illinois this is known as maintenance. This is  different from child support, which is payment made from one parent to a another to help with the costs associated specifically with children. If you're thinking about how maintenance might play out in your situation, you need guidance from an attorney on the matter. There are essentially four types of maintenance in the state of Illinois.
  1. The first is permanent maintenance, which may be given if one spouse is deemed unable to cope financially after the divorce. 
  2. The second type is known as temporary maintenance, which can be awarded in the short term while the dissolution of the marriage is still happening. 
  3. Rehabilitative maintenance is given where the court expects that the other party will eventually be able to return to a normal lifestyle and obtain employment. This type of maintenance is awarded in the short term with the expectation that the party will eventually be on their feet again. 

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What Legally Defines Parenthood?

 Posted on May 23, 2013 in Divorce

Jonathan Sporn, a 54 year-old pharmaceuticals executive, and his partner Leann Leutner, a lawyer, were living together in New York City when they decided to start a family. They sought the assistance of an anonymous sperm donor, and last July, Leutner gave birth to a healthy boy.

In December, Leutner took the baby and moved to New Jersey. Tragically, on New Year’s Day, Leutner, who had struggled with postpartum depression, committed suicide. The New York Times has reported that there had been previous attempts to take her own life and a long history of psychological difficulty made worse by the postpartum depression.

3.27.13.Kerry. Taub .DivBut because of the couple’s unmarried status, Child Protective Services didn’t recognize Sporn as the baby’s father and placed the baby in foster care. Sporn has filed a petition for custody of the baby, as has Leutner’s sister, who lives in Illinois. The court has deemed that both homes are appropriate for the baby, and yet he is still in a New York City foster home until the court decides who should have custody.

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Five Ways Divorce Could Affect your Finances

 Posted on May 19, 2013 in Divorce

Most people are aware that going through a divorce will have some sort of effect on your finances, but many are not aware of what those specific effects will be.  A recent article published by The Seattle Times has identified five major ways divorce can affect your finances, some of which you may not have expected. Legal expenses will be one of the most expensive aspects of your divorce.  It is not uncommon for people to spend thousands of dollars on legal expenses, even if the divorce isn’t particularly messy.  If the divorce is contested, you should be prepared to spend much, much more. Child-care expenses are another financial toll most parents going through divorce do not expect to take.  There is usually only one parent remaining in a household after a divorce, which means that child-care expenses will probably increase. Taxes are another area that can be affected.  Your taxes will increase significantly after switching your filing to single status. Retirement planning expenses can also increase after going through a divorce.  It’s important to consider that pension, IRA, and 401 (k) distributions will most likely be substantially lower as well.  In many cases, it is helpful to set up a retirement plan with a professional before finalizing your divorce. An area that many people do not consider when filing for divorce is their insurance.  After your divorce has been finalized, it could be important for people to purchase different insurance policies. Many people do not fully realize just how much a divorce can affect their finances.  They often think about salaries and incomes instead of looking at the bigger picture.  If you or somebody you know is entering the divorce process, be sure to contact an experienced Illinois divorce lawyer to answer any questions you may have pertaining to your financial status, as well as any other questions about the process you may have.

Image courtesy of adamr/Freedigitalphotos

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Closed Divorce Cases for the Rich and Famous

 Posted on May 15, 2013 in Divorce

Cook County courthouses are shunning the American tradition of keeping family law cases open and public, according to the Chicago Tribune. There have been several cases as of late to pass through Illinois public courts that have been sealed or kept closed from the public, according to the Tribune, "despite a rich tradition of openness in the U.S. court system." Closed courts, or cases in which initials are used instead of full names, are most often utilized by the rich and famous to keep their identities private and avoid media coverage. One such case like this is that of former state lawmaker and county commissioner John Fritchey, who is noted on divorce records simply as J.F. His former wife, Karen Banks Fritchey, "who comes from an influential political family," was listed on the documents as K.F.

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Requirements for Divorce in Illinois

 Posted on May 11, 2013 in Divorce

ChristineRegardless of your reasons for getting a divorce, it is important to hire a divorce lawyer who can listen to your concerns and help you through the process. Asking  questions and getting accurate answers from a compassionate attorney is crucial. Consider options such as mediation to work through your divorce. You have the option of having an attorney present in mediation, and you and your spouse have more control over the outcome. In the state of Illinois, you have to have been a legal resident of the state for  at least 90 days before a final divorce judgment can be issued. One or both sides must legally prove that there is a reason for the divorce, whether it is a fault or no fault divorce. A commonly used reason for divorce is irreconcilable differences, which is considered "no-fault". In order to file a no-fault divorce, the following  must be fulfilled:
  • The marriage has broken down

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Mediation Basics

 Posted on May 08, 2013 in Divorce

ChristineIf you and your spouse are considering divorce, mediation can be a less expensive and possibly easier solution than a trial or a series of hearings. Mediation takes place while a couple is still married, and the goal is to work through issues in the marriage and to agree on things like division of property, child and spousal support, and custody. Mediation is when the couple, either with or without their attorneys, meet with a mediator. The mediator doesn't make decisions for the couple, but facilitates a healthy discussion. There are many benefits to going through mediation rather than the courts. First of all, mediation allows those involved to come to their own decisions, rather than having the judge make decisions on custody, alimony, child support, and property division. This also gives the couple more control, and allows for an attorney to be present. Mediation may help improve communication between the spouses, which can help in the future if there are children. Mediation is private and records are confidential, so unlike court records, the public does not have access to details. To make the mediation a successful venture for both parties, spouses need to be willing to compromise and work through the issues. Don't say no to mediation without discussing the option with your attorney. Knowing that the odds of a mediation agreement will have a better likelihood of being followed through then a trial should encourage you. Contact an Illinois divorce lawyer who is experienced in mediation.

Image courtesy of freedigitalphotos

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The Process of Divorce

 Posted on May 03, 2013 in Divorce

The following steps are parts of the divorce process in Illinois.

Lucy

The Petition

In order to file for divorce, the first thing you must do is file a Petition for Dissolution of Marriage. As the filer, you will be called the petitioner and your spouse will be the respondent. A Petition states several basic facts for the couple and their children and is public record. This step is usually only two or three paragraphs and does not contain much personal information.

The Petition must state the reasons for the divorce, which can be fault or no fault grounds in Illinois. These "faults" must be proven in court; however, the judge cannot consider them while deciding the division of marital property.

Service of Process

"Once the Petition has been filed… due process requires the respondent to be ‘served’ with the Petition and a Summons to appear" in court, according to Illinois divorce law. This means that your spouse will be legally notified of the divorce proceedings.

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Legal Grounds for Divorce in Illinois

 Posted on April 29, 2013 in Divorce

Lucy...? wrong picIn order to file for a no fault divorce, the spouses must have lived separately for a continuous period for at least two years and irreconcilable differences must be the reason for the divorce. The court will also determine that efforts to recover the marriage have failed, and that future attempts would be useless and not in the best interest of the family. The qualification of living separately for at least two years may be waived if the couple has lived apart for at least six months and if they have entered into a judgment of dissolution of the marriage.

Fault grounds for divorce include:

  • The respondent is naturally impotent, or unable to consumate the marriage
  • The respondent committed adultery
  • The respondent has infected his or her spouse with a sexually transmitted disease
  • The respondent is guilty of habitual drunkenness for at least two years

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