Tag Archives: Illinois Marriage and Dissolution of Marriage Act
Dealing With a Spouse Who Wastes Marital Assets
For many couples in unhealthy relationships, the marriage is often over long before the divorce process even begins. The spouses may continue to live in the same house, possibly still sharing the same bed, but the marriage, in all reality, stands virtually no chance of being revived. While the marriage is breaking down or after the breakdown is complete, there are limitations provided by IllinoisContinue reading
The Possible Effects of Marital Misconduct on Your Divorce
Couples get divorced for countless reasons. Some simply drift apart while others were never really compatible from the beginning. In some cases, however, destructive behavior on the part of one spouse leads to the eventual breakdown of the marriage. While the law in Illinois officially recognizes divorce on the grounds of irreconcilable differences, there are some ways in which marital misconduct could affect the process and yourContinue reading
Non-Marital Property Can Affect the Division of Marital Assets
When you get divorced in Illinois, the law requires your marital property to be divided equitably between you and your spouse. The process raises two primary questions: what is marital property and what is equitable? A qualified divorce attorney can help you understand how the answers to those questions can impact your divorce settlement. Marital Property Defined The Illinois Marriage and Dissolution of Marriage Act (IMDMA) providesContinue reading
Your Spouse’s Infidelity Could Affect Your Divorce
The feelings of betrayal and hurt that a cheating spouse can cause are almost indescribable, especially if the infidelity was seemingly out of nowhere. For many couples, such behavior can mean the end of the relationship. If this situation for you and your spouse, it is important to know how, if at all, cheating and infidelity can impact the outcome of your divorce. Not Grounds forContinue reading
Identifying Marital Property for Division in Divorce
For many divorcing couples, dividing marital property can be one of the most difficult considerations of the entire process. In some cases, it can create even more bitterness and disagreement than determining arrangements for a couple’s children. In child-related matters, it can be easier to compromise based on the understanding that you and your spouse are doing what is best for your child. When it comes toContinue reading
Family Law Changes for 2016: Divorce
Throughout the last few months, various posts on this blog have been discussing some of the expected effects of the family law reform passed in Illinois in the summer. For the first time in nearly four decades, a large portion of the existing statutes regarding divorce, child custody, and parentage is being completely overhauled. With the effective date of the new provisions fast approaching—they are setContinue reading
Spousal Maintenance: The Case of the Stay-at-Home Parent
Whether by necessity or by choice, two-income families are certainly becoming the norm in today’s American society. In some situations, both spouses work hard to balance full-time careers with family responsibilities. In others, one spouse may work full-time while the other picks up part-time jobs to make ends meet, while still tending to the needs of the family and, possibly, children. There is, however, stillContinue reading
Understanding Your Child Support Responsibilities
If you are in in the process of getting divorced or separating from your child’s other parent, you probably realize that an order for child support is probably forthcoming. It is especially likely if the other parent has been granted primary residential custody. While, under Illinois law, both parents can potentially ordered to pay support, the vast majority of cases see the non-custodial parent paying support toContinue reading
New Law Ends At-Fault Divorce and Reduces Separation Periods
A few weeks ago, a post on this blog discussed a newly signed law that promises to bring sweeping changes to the application of family law provisions in the state of Illinois. In addition to the major updates regarding parental relocation and child removal, as covered in that post, the new law—originally introduced as Senate Bill 57—also revamps the existing statutes related to divorce. Set to take effectContinue reading
Defending a Dissipation Claim in Divorce
There are plenty of challenging aspects to any divorce situation. In addition to the unquestionably difficult emotional turbulence, most couples must also deal with a number of practical considerations as well, including arrangements regarding children, spousal support, and the division of assets and property. While each process, of course, includes its own unique intricacies, the dividing of assets and property can, in many cases, set the toneContinue reading