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Recent Blog Posts

In My Divorce, Should I Pursue Mediation or Litigation?

 Posted on September 29, 2023 in Divorce

Wheaton Divorce LawyerChoosing the right approach to handling a divorce can make a significant difference in determining how emotionally and financially draining the process is. If you are interested in pursuing a divorce, it is important to understand the distinct advantages of mediation and litigation. For guidance in which avenue to pursue, discuss your questions and concerns with a qualified Illinois divorce lawyer. This person will be your best resource, regardless of which divorce path you choose.

Understanding When Mediation May Make Sense

People often choose mediation because it grants a couple the opportunity to resolve their issues in a peaceful and collaborative way with the guidance of a neutral third-party mediator. Unlike the frequently contentious nature of litigation, mediation emphasizes communication and compromise with the goal of preserving relationships. This makes mediation a suitable choice for couples seeking a less adversarial process of divorce. Here are situations where mediation may be a good option:

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Should I Listen to My Friends' Advice During My Divorce? 

 Posted on September 27, 2023 in Divorce

Wheaton Divorce LawyerWhen people are going through a difficult time, they often seek outside sources for support. Divorce is among the most difficult things that anyone will ever have to go through. As a result, it is quite common for people getting a divorce to seek support from their friends and family. While friends and family can provide a valuable support system, it is important to consider whether their advice is truly beneficial when making important decisions. 

One of the most dependable sources of guidance during this difficult time will be your lawyer. It is through your lawyer that guidance and support can be sought to make the wisest decisions possible as you navigate your divorce case.

Emotional Support

Friends can be a great source of emotional support during an Illinois divorce. They can offer a listening ear, provide comfort, and empathize with your situation. Sharing your feelings and experiences with friends can help alleviate some of the stress and anxiety that come with a divorce. Their support can help boost your morale and help you through difficult times. 

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Can I Divorce My Spouse if They Abandoned Me?

 Posted on September 25, 2023 in Divorce

Wheaton Alimony LawyerIt is well known that divorce is amongst the most difficult things anyone can go through in their life. The state of Illinois is governed by no-fault divorce laws, which means couples do not need to prove fault or assign blame to their spouse. However, abandonment can still be a relevant factor in divorce proceedings. If your spouse has abandoned you and you are looking to get a divorce, contact a lawyer to ensure you have the legal guidance you need to navigate this momentous process successfully.  

Why is No-Fault Divorce Important?

In a case involving abandonment in a fault-based state, the person getting a divorce would need to prove their spouse has abandoned them and thus seek a divorce. However, under the no-fault rules that govern Illinois divorce, you do not need to prove your spouse abandoned you to get a divorce. Instead, spouses can file for divorce based on the no-fault grounds of “irreconcilable differences,” which means the marriage has broken down and cannot be repaired. 

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What Defines Irreconcilable Differences in Illinois Divorces?

 Posted on September 20, 2023 in Divorce

Wheaton Divorce AttorneyIn Illinois, divorceirreconcilable differences” are the only acceptable grounds for divorce in the state. Under Illinois law, irreconcilable differences serve as a no-fault ground for divorce, referring to a breakdown in the marital relationship where efforts at reconciliation have failed, and there is no hope for restoring the marriage. If you are getting a divorce in Illinois, understanding irreconcilable differences is an essential aspect of getting divorced, as it is the only lawful reason accepted by courts in the state. Contact a divorce lawyer to ensure you have a legal professional by your side as you navigate this turbulent time in your life.  

Further Dissecting Irreconcilable Differences in Divorce

Unlike fault-based grounds that require proving wrongdoing, irreconcilable differences 

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Who Should I Turn to For Help During My Divorce? 

 Posted on September 19, 2023 in Divorce

Wheaton Divorce LawyersIn times of stress and uncertainty, such as during a divorce, seeking guidance and support from the right professionals is crucial to ensure you get through the process successfully. It is important to be very clear about one thing: a lawyer is the single greatest resource for you as you navigate a divorce. However, attorneys are not the only helpful resource during divorce proceedings. If you are going through a divorce, discuss with your attorney the other professionals that may be beneficial to you as you look to get through this painful time. 

Three Types of People That Can Help You Get Through Divorce

  1. Attorney - As stated at the outset, a divorce attorney should be your first point of contact when seeking help during a divorce. A skilled legal professional can provide you with relevant and insightful legal advice as well as help you navigate the complexities of the legal system successfully. Your lawyer will be your personal guide through the entire divorce process, helping you negotiate settlements, representing you in court if necessary, and ensuring the protection of your assets, parental rights, and financial interests. Your attorney will understand Illinois divorce law and will possess the ability to strategize the best approach to your unique circumstances. 

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What Are the Best Ways to Help Children Get Through a Divorce? 

 Posted on September 12, 2023 in Divorce

Wheaton Parenting Time LawyerDivorce is hard on the whole family, especially children. As parents, it is crucial to prioritize your children's well-being and emotional needs during this difficult transition. For parents seeking advice on how to help their children get through this immensely challenging time, consider seeking the legal guidance of a lawyer. Selecting an experienced attorney can make a positive difference in helping your children get through the process, as attorneys with experience have likely worked with families with children before and are more keenly aware of important considerations that a less-experienced attorney may miss. 

Here is How You Can Help Your Children

  • Communicate to them what is going on – It is important for parents to be open with their children in an age-appropriate way regarding what is going on between their parents. It is important that children have an outlet to express their genuine feelings and concerns regarding the changes occurring in their lives. Active listening is key, as it demonstrates to your children that their feelings are understood and taken seriously. Avoid placing blame or involving children in adult conflicts, which can create unnecessary stress and confusion. 

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Top Five Reasons Why DIY Divorce Should Be Avoided 

 Posted on September 08, 2023 in Divorce

Wheaton Divorce LawyersDivorce is a challenging and emotionally charged process that involves complex legal concepts and the need to make important, potentially life-altering decisions regarding your future. While the idea of DIY (do-it-yourself) divorce may seem appealing due to potential cost savings, it is essential to understand why such divorce practices are horrendously bad ideas. It is thus necessary to understand the top five reasons why DIY divorce should be avoided, emphasizing the importance of seeking professional legal assistance from a lawyer.

Knowledge of Legal Concepts 

Divorce laws and procedures can be very confusing, especially for people who lack a background in law. Attempting a DIY divorce without proper legal training can lead to glaring mistakes, oversights, and missed opportunities. An experienced attorney will possess the necessary understanding of the legal system, ensuring that your rights are protected and that all legal requirements are effectively fulfilled. 

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What Makes Gray Divorce Particularly Difficult?

 Posted on September 06, 2023 in Divorce

Wheaton, IL gray divorce lawyerGray divorce, the term used to describe the dissolution of marriages among couples aged 50 and older, presents unique challenges. While divorce is never easy, gray divorce can be especially difficult due to various factors at this stage of life. If your marriage is ending and you will soon be going through a gray divorce, contact an experienced lawyer to understand the different elements of gray divorce and what makes them different from other forms of divorce. 

Long-Term Financial Implications

Gray divorce often involves the division of significant assets, retirement savings, and pensions accumulated over many years. Determining a fair and equitable distribution can be complex, especially when considering the future financial needs of both parties. The potential impact on retirement plans and the need to rebuild financial stability can be daunting. It is also important to note that in marriages that have lasted 20 years or longer, spousal maintenance may be awarded indefinitely, depending on the circumstances of the case.

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Who is Entitled to Commingled Assets in a Divorce?

 Posted on August 28, 2023 in Property Division

Wheaton, IL asset division lawyerDivorce can be an emotionally and legally turbulent process, particularly when it comes to dividing assets acquired during the marriage. In Illinois, the division of commingled assets can add an additional layer of complexity. In this blog, we will explore the factors that influence the division of commingled assets in an Illinois divorce, providing clarity on who may be entitled to them and how these decisions are made. Discuss with your divorce attorney how commingled assets may be a factor in your divorce and how such assets should be equitably divided. 

A Simple Way to Understand Commingled Assets

Commingled assets refer to funds or properties that have become mingled or mixed during the course of a marriage. For instance, if money from a rental property owned by just one spouse is deposited into a joint bank account and spent on marital expenses, the money becomes commingled and may no longer be the sole property of the spouse who owns the rental property. In Illinois, determining the status of these assets and ensuring a fair division can be challenging, as the court follows equitable distribution rather than a precise 50/50 split. When it comes to commingled assets, the court will consider various factors, including:

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Should I Fight for the House in My Divorce or Let My Partner Have It?

 Posted on August 25, 2023 in Property Division

Wheaton, IL asset division lawyerDeciding what to do with the family home is often one of the most difficult aspects of a divorce. It is important to know what key factors to consider when deciding whether to fight for the house or let your partner have it, providing you with the understanding you need to make an informed decision. If you are going through a divorce and are deciding whether to fight for the marital home, discuss the matter with your attorney before you make any lasting decisions. 

Economic Considerations 

Of course, financial considerations play a crucial role in determining whether to fight for the house. Consider things like the mortgage balance, property value, and ability to maintain the home independently. Assess whether you can afford the mortgage, taxes, insurance, and maintenance costs. With the assistance of your divorce attorney, consider consulting with a financial advisor to fully understand the potential impact and long-term financial responsibilities before reaching a decision. 

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