233 W. Wilson Street, Batavia, IL, 60510

Posted by on in Property Division

Illinois divorce attorney, Illinois family law attorney, Illinois property division attorney,When a couple decides to divorce, it is not only assets that must be divided during the proceedings, but also any marital debt that has accrued. Like with assets, a family court will generally divide debts along equitable lines, meaning that the person who makes more or who has more assets will often be tasked with managing more debt, whether they originally incurred it or not. It may set your mind at ease to better understand the rationales judges use to make such determination, so you can know if you are being unfairly saddled with too much debt.

Illinois Courts’ Common Rationales

When discussing marital assets and debts, equity is the watchword - Illinois is an equitable distribution state, as opposed to a community property state, which means that the courts will divide both marital assets and debts according to each spouse’s ability to pay and the income they make. Generally, it is the fairest approach, as it ensures that each debt is assigned to the person who is most likely to pay it.

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Posted by on in Prenuptial agreements

Illinois divorce attorney, Illinois family law attorney, Illinois prenup attorney,If you andy your partner are soon to be married, you may want to consider the option of taking a  proactive approach by getting a premarital agreement. In the state of Illinois, a prenup is an agreement made by a couple before they get married that concerns the ownership of their respective assets if their marriage were to fail for any reason.

How to Get a Prenup in Illinois

Before you take the steps it takes to get a prenup you may want to speak with your future spouse about moving forward with the idea. You can explain to your partner that a prenup can protect both of your interests and can be mutually beneficial.

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Posted by on in Child Custody

Illinois divorce attorney, Illinois family law attorney, Illinois custody attorney,There have been a number of changes made to Illinois family law that went into effect January 2016. The reasoning behind these changes dates back to spring of 2015 when the Illinois state legislature passed a measure that looked to update the Illinois Marriage and Dissolution of Marriage Act (IMDMA) on multiple areas of focus. After Senate Bill 57 was signed by the governor in August 2015 adjustments to the laws were expected to begin at the start of 2016. Whether you are going through a divorce, just went through one, or are considering having a divorce, these key revisions to Illinois family can change the way you have been parenting based on the previous laws of 2015.

Child Custody Then vs. Now

Last year at this time, Illinois law provided two options for parenting situations. Divorced or separated parents had the option of either sole custody or joint custody. Sole custody was when one parent would be granted the authority for important decision-making regarding their child, while joint custody meant that both parents would have to share responsibilities. At the beginning of 2016, the law went into place that states that parents must work together in raising their child and each parent’s rights will be fully respected and protected.

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Illinois divorce attorney, Illinois family law attorney, Illinois property division attorney,Despite the changes in society’s norms, as well as the federal legalization of same-sex marriages, the Illinois Supreme Court is still standing by a 1979 ruling regarding the rights of unmarried domestic partners when it comes to any property their former partner owns.

In Hewitt v. Hewitt, the Court had to decide whether or not Illinois marital laws applied to a couple who had lived together as husband and wife but who were never legally married. The couple, who had three children together, lived in a “family-like relationship” from 1960 to 1975. When they split, the woman (the plaintiff) filed for divorce, which was eventually dismissed based on the fact that no legal marriage license was ever obtained, nor did the couple ever have any kind of marriage ceremony.

Since the man (the defendant) did not contest paternity of the children, any issue of child custody and/or support was covered under the state’s Paternity Act. The court instructed the plaintiff to file specific motions of what she was seeking regarding property and assets owned by the defendant. The lower court ruled against the plaintiff, but that decision was overturned by the Appellate Court, which ruled in her favor. That decision, however, was overturned by the Illinois Supreme Court, who ruled that the woman was not entitled to any of the man’s property or assets, despite living together for 15 years, based on a “policy of discouraging cohabitation between unmarried parties and disfavoring nonmarital children.”

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parents, Batavia family law attorneyIt is that time of the year again – summer is winding down and children are heading back to school. This time of year can be hectic enough, with shopping for new school clothes, school supplies, arranging for before and/or after-school care. However, for divorced parents, there can often be the added stress of not only ensuring your child has a great school year but also of dealing with your ex. Even in the friendliest of breakups, there can be some contentiousness that develops over back-to-school issues. Following these tips can help the school year go more smoothly.

Make Routines Routine

Children thrive on routine. Having a consistent schedule of dinner, homework, and bedtime – whether they are at Mom’s house or Dad’s house is much healthier, as well as a lot less stressful for a child, who may be also be dealing with the emotional effects of the divorce.

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