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  • New Illinois Divorce Law Treats Pets More Like Children

    Aside from child custody, alimony, and property division, one of the most contentious divorce issues is custody over family pets. While, in the past, companion animals were treated like assets or properties in divorce proceedings, a new Illinois divorce law will require the family courts to start treating them like children. The new state law—which took effect on January 1, 2018—will ...
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  • New Tax Law Scraps Alimony Deduction

    In the divorce process, one party may become legally obligated to make alimony payments to the other. Since these payments are typically costly, obtaining tax deductions for the payer has often been a critical step in formulating a divorce settlement. By contrast, the recipient’s payment is generally taxed like regular income. The current setup tends to preserve more money overall to ...
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  • 5 Questions You Should Be Asking Your Divorce Lawyer

    Getting ready for your divorce is a multistep process, beginning with asking the right questions to your divorce attorney. Finding the answers early on can prepare you for the road ahead and allow you to anticipate and overcome what would have been some big surprises in your case. Here are five questions you should always ask your divorce attorney: Will I need to pay spousal maintenance? One of ...
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  • Online Divorce Vs. Hiring a Divorce Attorney

    Everyone in the modern day understandably wants convenience wherever they can get it. The technology of our times has allowed us to expedite almost everything and place an endless virtual world right at our fingertips. However, not every technological advance is beneficial. Sometimes, adding convenience subtracts other important factors and considerations. This the case with the latest trend in ...
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  • Do I Need an Attorney for My Divorce?

    Most anyone going through a divorce will be immediately confronted with a variety of new concerns and questions that require a legal understanding of the situation to address. Knowing their rights and responsibilities is crucial to protect their best interests. Anticipating the typical litigation process is also essential in case matters do not pan out amicably and a family law judge is needed to ...
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  • Choosing the Right Divorce Lawyer to Manage Your Divorce

    Attempting to go through a divorce alone is not recommended and, thankfully, rarely attempted. Retaining a divorce lawyer is simply too beneficial to ignore. However, you should not blindly pick and hire the first divorce attorney that you see. You need to take some time to look for the right divorce attorney for your unique divorce case. Otherwise, you could be jeopardizing your best interests ...
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  • How to Protect Your Personal Property During Divorce

    Illinois recognizes two different types of property during divorce: common law property and personal property. Like most states, Illinois determines that any assets acquired by one spouse during a marriage are the property of that particular spouse. For example, if one spouse purchases a car and places it solely in their name, then Illinois law states that the car belongs to them. However, were ...
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  • Relocating with Your Child After Divorce

    Life is not stagnant and situations constantly change, but for divorced couples who share children, drastic changes can present some big issues that can be difficult to overcome, especially if these changes involve a big move. If you are considering relocating with your child after a divorce, it is crucial to carefully examine this decision without hastily beginning the process. Here are some ...
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  • Can My Divorce Decree Be Changed?

    Life is fluid and constantly changing, which the courts understand. That is why it is possible for individuals to request a modification to their divorce decree. A divorce decree specifies rights and obligations regarding spousal support, the division of property, and child custody and support, among other issues. Either party can petition to amend a divorce decree to modify any number of the ...
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  • How is the Military Divorce Process Different?

    Well over a million people serve in the United States Armed Forces, so it should come as no surprise that many of them choose to also have families while serving, which means they could be subject to family law matters including divorce. The divorce process for military personnel is in many ways the same as those in the private sector, but there are also additional rules that need to be followed ...
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  • Child Visitation FAQ

    Divorce can make life seem pretty uncertain, especially when it comes to visitation and custody of your children. You likely have a lot of questions, so to shed some clarity on the situation, we have compiled a list of frequently asked questions regarding child visitation. Here are some answers to commonly asked child visitation questions: What does the term “reasonable visitation” ...
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  • How to Protect Yourself Financially During Divorce

    The decision to move forward with a divorce is an emotional one, but it is important to keep a clear head and to take the necessary steps to protect yourself financially during the process. In fact, many of the steps you can take to safeguard your financial health can be done early on in the divorce process, allowing you to rest easier at night. Here are some tips to protect your finances if you ...
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  • Determining Separate & Community Property During Divorce

    Divorce is not only a hugely emotional experience, but also a very technical one as you begin to unlink your shared lives. If you and your spouse had a particularly long marriage, determining what property is separate and what is shared might be a difficult task, which is why it is crucial to have a skilled divorce attorney assist you throughout this process. Of course, it would also be a good ...
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  • How to Help Your Kids Cope with Divorce

    Divorce is difficult, but no matter how hard you think it is, it will most certainly be more difficult for your children to cope with since they cannot fully understand why it is happening. The only thing they can see is that their parents will no longer be together. To minimize the impact of this emotionally overwhelming experience, you and your spouse will have to take some steps to help relieve ...
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  • Can I Get a Divorce if My Spouse is Missing?

    Can I Get a Divorce if My Spouse is Missing? You want to get a divorce, but cannot locate your spouse, so what are you supposed to do? In the state of Illinois, you can obtain a divorce through a process known as Service by Publication. However, a judge must be convinced, based on a sworn declaration, that you made a reasonable effort to locate or contact your spouse. Here is what you need to know ...
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  • Busiest Time of the Year for Divorce

    Busiest Time of the Year for Divorce Couples file for divorce every day, but there are particular times during the year that experience an especially higher volume of divorce filings than most other times. According to a study done by the University of Washington, divorce filings between the years 2001 and 2015 revealed that divorce peaked every year in March and August. Why were these months so ...
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  • Dating During a Divorce - Is It a Good Idea

    For many, divorce is not an easy experience to endure and can often make them feel lonely while life is in limbo. It might seem like the right time to start anew and get back into the dating scene to combat these feelings, but it can actually end up doing you more harm than good in many ways. Technically, your marriage is not over yet and dating before the ink is dry on your divorce decree can ...
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  • How to Create a Parenting Agreement After a Divorce

    If you and your spouse share children and are divorcing, child custody is likely to be the most difficult task you will face. However, regardless of how angry you might be with your spouse, do not let your feelings get in the way of making the decision that is best for your children. Set your emotions aside and put them first as you work out your parenting agreement. Creating a Parenting Agreement ...
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  • What Happens to the Family Home in a Divorce?

    For most families, the home is more than a piece of property or an asset, but a symbol of a life once shared. Deciding what happens to it in a divorce, therefore, is almost always a major point of contention and a concern for both spouses. If you still have minor children, you might be worried about uprooting them and how it will impact their ability to cope with an already overwhelming situation. ...
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  • What Are the "Best Interests of the Child"?

    In a divorce, what can complicate the proceedings is children. Both parents must either agree on child custody and visitation arrangements or allow the state to decide. Even if parents can agree on a parenting plan, the state must still approve it according to certain guidelines. Most states follow similar guidelines regarding how they make this decision, however. Judges have a duty to decide what ...
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  • How Is Debt Divided During a Divorce?

    For those unfamiliar with the divorce process in Illinois, the state will usually divide both assets and debts between the spouses. Typically, any income made and debt accrued during the marriage will be shared in the divorce. If you and your spouse didn’t sign a prenuptial agreement that separated your property and income before the marriage, you would be obligated to pay off the debt ...
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  • How Long Does a Divorce Take?

    If you’re thinking about divorce, you might also have wondered how much of your time it will ultimately take. Will it last weeks? Months? Perhaps a year or more? The answer to that question varies, depending on a number of different factors related to your circumstances. The first thing that will affect the length of time of the divorce is how much you and your spouse can agree on the issues ...
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  • What Happens If My Spouse Is Disobeying Court Orders?

    While many divorces can be complicated, some can be worsened by the nonparticipation or reluctance of one party. In some cases, only one-half of a couple wants to get divorced; the other wants things to remain as they are. If a spouse dislikes the proceedings or has a tendency to disobey authority in general, it can often be hard to force them to comply with any orders a court may decide on. For ...
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  • Modifying Child Support Orders for Military Parents

    Life for servicemembers of the United States military can be complicated, particularly when going through a divorce. What complicates the process is child custody and child support. Active servicemembers are often deployed far away from their children, and they do not make as much money as you might expect they deserve. For example, if a military servicemember has a child, his or her child support ...
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  • How to Divorce in Illinois

    Divorce is largely the same across all states; however, there are small differences to note. In Illinois, for example, a divorce could look incredibly different from one in Florida or California. In order to get a divorce in Illinois, here are a few important steps to take. Step 1: Hire an Attorney First and foremost, determine whether or not you can afford to hire representation. A skilled ...
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