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When to Seek Alimony Modification

 Posted on July 27, 2017 in Spousal Support

When to Seek Alimony Modification, divorce, divorce modification, alimony modification, spousal support, alimonyLife is full of changes. New houses, new jobs, new children, new expenses and the list goes on. Even after a divorce is finalized changes occur for both former spouses, and those changes may allow one or the other to seek an alimony modification.

Yes, you read that right. An alimony modification may be made if either party experiences a change in circumstances that impact either the amount needed or amount available to be paid. A knowledgeable alimony modification attorney can help either the payor or payee seek the relief that allows each to continue managing their incomes and expenses.

Reasons to Seek an Alimony Modification

Sometimes the spouses can come to an agreement for support modification on their own, but any oral agreement is difficult to enforce should one party decide they no longer wish to honor it. With the assistance of an experienced alimony modification attorney, there are several options to consider when seeking a change in the amount of alimony paid.

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The Difference Between a No-Fault and an Uncontested Divorce

 Posted on July 25, 2017 in Divorce

The Difference Between a No-Fault and an Uncontested Divorce, divorce, family law, uncontested divorce, child custody, no-fault, Aurora child supportTo many people, the thought of a divorce conjures up images of nasty courtroom battles, accusations of wrongdoing, and drawn out negotiations over the division of marital assets. While lingering acrimony might not be avoided completely, use of No Fault or Uncontested divorce options provide an opportunity to avoid some of the unpleasantness that often accompanies the end of a marriage.

To understand the benefits of each, it is important to know how the state defines each term.

  • An “uncontested divorce” results when both parties are in full agreement of all the terms related to the divorce including, but not limited to alimony, child support, child custody, visitation, and division of property.
  • A “no fault divorce” is a decree of divorce issued when neither party admits to marital misconduct. This is frequently referred to “irreconcilable differences.”

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Holiday Child Visitation and Stress after a Divorce

 Posted on July 20, 2017 in Child Custody

Holiday Child Visitation and Stress after a Divorce, family law, child custody, law office, divorce, holiday visitationEvery year the holidays arrive, bringing with them joy, togetherness, and stress. The stress of the holidays is felt more by some than others, but for divorced couples and their children, holiday stress may rise to new levels. The question of where the children will spend the holidays is often the source of much anxiety.

Holiday Scheduling Strategies

Sometimes during the course of divorce proceedings, parents may wish to include an annual holiday visitation schedule as part of a custody plan. However, sometimes scheduling visitation for the holidays is left to the parents. Here are few ideas that may help.

  • Alternating years allows children to spend Thanksgiving, for example, with the father one year and with their mother the next.
  • Alternating days, if travel time and distance permits, may allow for the children to spend Christmas Eve with one parent and Christmas Day with the other.

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Child Custody Plans as Part of Your Divorce

 Posted on July 18, 2017 in Child Support

Child Custody Plans as Part of Your Divorce, divorce, child custody, child support, family law, law office, DuPage County child custody lawyersDuring divorce proceedings that involve custody and parenting rights of minor children, judges and attorneys refer to applicable laws intended to create a mutually-agreeable outcome. As divorce laws in Illinois undergo a multi-year overhaul, changes to laws governing child custody, now referred to as “parental responsibilities,” were enacted a little over one year ago.

While new laws take into consideration the realities of the modern, dual-income household, final custody decisions place the welfare and well-being of the child(ren) as its primary concern and could result in either joint or sole custody orders.

Basic Parental Responsibilities Detailed in a Child Custody Plan

The state identified a series of basic needs that must be maintained for each child, and the responsibility of each may fall on one or both parents, depending on the final custody order. Among the core responsibilities that are the duty of parents to maintain for children in their care, and must be detailed in a Parenting Plan are:

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Signs a Divorce May Be Imminent

 Posted on July 14, 2017 in Divorce

Signs a Divorce May Be Imminent, divorce, signs of divorce, family law, DuPage County Divorce Lawyer, divorce processThe realization that a marriage is coming to an end and a divorce is likely may catch many people by surprise. It is understandable to fight the reality that your marriage, which you vowed would last forever, just isn’t working.

No one goes into a marriage believing it could one day result in meetings with divorce lawyers, and discussions of alimony, child support or custody agreements. However, there are some signs that a divorce may be likely.

What are Some of the Signals of Divorce?

Whether your marriage lasted just a few months or several years, those that end in divorce tend to have one or more of these elements in common.

  • No conflict resolution: Couples who can’t work together to solve problems either end up fighting as means of resolving their differences or just avoid the issues altogether.

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Make Sure Your Prenuptial Agreement is Valid

 Posted on July 12, 2017 in Prenuptial & Postnuptial Agreements

Make Sure Your Prenuptial Agreement is Valid, divorce, family law, marital assets, Prenuptial Agreement, Aurora divorce attorneyWhen the Illinois Uniform Premarital Agreement Act went into effect it applied to all premarital agreements executed on or after January 1, 1990. So while premarital agreements, also called prenuptial agreements or “prenups,” have been in use for more than 25 years, every year a number of these contracts are voided for a variety of reasons.

Without the help of an experienced lawyer who focuses their practice on matters of prenuptial agreements, you could watch as your spouse walks off with a lion’s share of the marital assets. Understanding the basics is a good start toward protecting yourself in the event of a divorce.

What Might Invalidate Your Prenup?

While assistance from an attorney is always recommended when it comes to any type of contract, here is a summary of the main causes why your prenuptial agreement might be invalid.

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Helping Your Children Survive a Divorce

 Posted on July 07, 2017 in Divorce

Helping Your Children Survive a Divorce, family law, divorce, children and divorce, child support, emotional healthWhile any divorce can be a stressful time for the adults experiencing it, adults generally possess the coping skills and access to resources that allow them to manage the anxiety that accompanies such an event. Children, however, react to the divorce of their parents in many different ways depending on age, gender, personality, and the circumstances surrounding the divorce.

A number of published studies indicate that children of divorce tend to experience physical, emotional and spiritual consequences as a result of their parent’s divorce. Typical among these are:

  • Poor academic performance
  • Diminished emotional well-being
  • Changes in social habits and/or behavior
  • Increased aggression or isolation
  • Changes in appetite and physical care

In some cases, children of divorce may go through their daily routine pretending that nothing is bothering them and everything is normal. While that may seem ideal, bottling up one’s emotions about a subject as volatile as divorce can be just as harmful as drastic changes in mood or behavior.

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Intellectual Property and Divorce

 Posted on June 30, 2017 in Divorce

Intellectual Property and Divorce, divorce, intellectual property, marital property, asset division, DuPage County Divorce LawyersFor entrepreneurial and inventive spouses considerations for divorce do not conclude with decisions regarding income to be calculated for child support or who inherits a spouse’s business debt. An often neglected, but uniformly important consideration is the topic of intellectual property

How is Intellectual Property Treated in Divorce

Intellectual Property is also called IP for short. It refers to the litany of legal rights that attach to an expressed idea. Put another way intellectual property is the legal defense of your mental work. Intellectual property can include copyrights, trademarks, or trade secrets.

When intellectual property becomes contentious, it usually rises from disagreements in valuation. Intellectual property is generally valued using the same determinations used to value real property. It is a complicated matter because of how IP is viewed legally. Intellectual property is viewed as unique and as such is appraised according to future market conditions.

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Follow These Six Tips to Avoid Divorce

 Posted on June 27, 2017 in Divorce

Kendall County child custody attorneys, Divorce, family law, marriage maintenance, Kendall County, divorce lawyers

Divorce. Once that word is uttered by your spouse, you are left wondering how your relationship unraveled so quickly. While many believe that divorce is caused by significant issues such as cheating or abuse, there are minuscule behaviors within a marriage that can also derail it.

How you Can Improve your Relationship with your Spouse

However, identifying—and then changing—behaviors that may be hurting your relationship can help you avoid derailing your marriage:

1. Give each other space. Just because the both of you are married does not mean you have to attend every event or function together. Smothering your partner is not going to strengthen the marriage. Instead, you will likely get on each other’s nerves. Allocate time for yourself in which you relax or pursue activities you enjoy. Having personal time will allow you to nurture yourself, and by nurturing yourself, you will gain the energy you need to tend to your marriage. The mentally healthier you are, the healthier your relationship will be.

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Will Separate Bank Accounts Create a Happier Marriage and Prevent Divorce?

 Posted on June 26, 2017 in Finances & Divorce

Kendall County, IL divorce lawyerOne of the most common reasons for divorce, along with cheating, is financial issues. Studies show that couples who argue about money are more likely to split. If you are considering divorce and are wondering whether your financial future may be at risk, call our Illinois divorce attorneys before making any decisions about bank accounts.

What is the Percentage of Married Couples with Separate Bank Accounts? 

Although the number of married couples opening separate bank accounts is increasing (a TD Bank survey shows that 42 percent of couples have both individual and joint bank accounts), it remains taboo for spouses to maintain individual bank accounts.

However, there are several reasons that married couples should go against the grain and opt for separate bank accounts:

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