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The Basics of Marital and Non-Marital Property

Posted on February 25, 2016 in Wheaton Divorce Attorney
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marital property, Wheaton family lawyersIt has become a common trope in movies and music to portray a wealthy person getting married and subsequently divorced, losing half of his—usually the subject is a man—property to his ex-spouse, regardless of the fact that he owned most of the same assets at the time of the marriage. While such a cliché situation is technically possible under the law in some states, the reality in Illinois is generally much different.

Fair Does Not Always Mean Equal

Property division following a divorce in Illinois can be rather complicated, as the law requires marital assets to be divided according to what is equitable and just. While this could result in a clean 50/50 split, there is no guarantee. Rather the specific circumstances of the marriage, divorce, and expected post-divorce realities must be taken into account to determine the appropriate allocation of assets.

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Is It a Move or a Relocation?

Posted on February 23, 2016 in Child Custody
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relocation, Wheaton family law attorneysAs a divorced or single parent, you understand how challenging it can be to provide all the things your child needs to thrive. In an ideal situation, your child’s other parent would also be committed to helping, both financially and as an active participant in the child’s life. But what happens when you want to pursue opportunities that would force you to relocate to a new city or state with your child? Do you have the right to simply pick up and move? As with most issues of family law and coparenting, the answer depends on the circumstances of your particular situation.

Changing Approach

For many years, the laws in Illinois were fairly subjective about moving with your child. While there was no specific prohibition or distance limitations for an in-state move, if the move presented major obstacles to an existing custody or visitation order, it could potentially be challenged in court. An out-of-state move with a child subject to a custody or visitation order statutorily required the other parent’s consent or an overriding court order.

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Relationship Red Flags: Is Your Spouse Stonewalling?

Posted on February 18, 2016 in Divorce
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stonewalling, DuPage County divorce attorneysYou and your spouse are never going to see exactly eye-to-eye on everything. In fact, there may be certain topics or behaviors that lead to very strong disagreements and, yes, possibly even fights. Of course, not all fighting is healthy for your marriage, but, when done respectfully and with a purpose, arguing occasionally can help you better understand each other. Sometimes, though, one spouse may shut down, completely blocking all avenues of communication in the face of conflict. There can be many reasons that you or spouse begin to engage in such behavior, often called stonewalling by relationship experts, but if it is not constructively addressed, stonewalling can destroy your marriage.

Two Different Types

Stonewalling can take several forms. Aggressive stonewalling may be used by a more controlling or manipulative partner simply because he or she knows it will upset his or her spouse. By refusing to engage or communicate, an aggressive stonewaller can feel like he or she is control over the situation. Defensive stonewalling, as you might expect, is just the opposite. A spouse who feels threatened or overwhelmed may retreat into him- or herself, unable—and sometimes unwilling—to deal directly with the issues at hand.

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Family Debt Can Impact Well-Being of Children

Posted on February 11, 2016 in Divorce Finances
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debt, DuPage County family law attorneyFinancial debt is a major cause for concern around the United States, at the individual and family levels, as well as on collective scale. Families fractured by divorce or other type of similar stresses may be particular susceptible to growing debt, as financial obligations may be harder to meet on a single income, combined with a countless other contributing factors. However, a recently-published study suggests that parents with certain types of debt may place their children at increased risk for behavioral problems in the future.

Quality of Life Connections

The study was conducted by researchers at the Institute for Research on Poverty at the University of Wisconsin-Madison and looked at data from more than 9,000 children and their mothers over a period of nearly 40 years. The research also categorized debt into four distinct types: home, education, automobile, and unsecured debt, which included credit cards, certain loans, and medical debt. Looking for possible connections, the team also examined the socio-emotional health and behavioral concerns of the participating children.

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Increased Privacy in Mediation

Posted on February 09, 2016 in Mediation
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privacy, mediation, Wheaton divorce attorneysIf you were asked to picture a divorce proceeding, would you think about a courtroom with a husband on one side, a wife on the other, and a judge in the middle to officiate the battle? While the image in your head may not be quite so stereotypical, it is likely that your concept—like that of most people—is something similar. What you may not realize, though, is that the vast majority of civil cases, including divorce, are not decided in the courtroom; instead, they are negotiated in other ways and a judge is only required to approve the settlement and enter it as part the judgment. Mediation is among the most common methods used to reach an agreement in a divorce, and the process offers a number of advantages, including time and cost savings, flexibility, and increased participation from both parties. There is one additional benefit, however, that is often overlooked: a dramatically increased sense of privacy and security.

Courtroom Transcripts

When your divorce or child-related case is heard inside a courtroom, a court reporter is always present to make a permanent record of the proceedings. Virtually every word is recorded in written form so as create a transcript for any needed future reference. The proceeding itself, along with the transcript, become a matter of public record, unless there is a particular reason or order that they should not.

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