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Recent Blog Posts

Will Getting Divorced Mean I Will Lose My Business?

 Posted on September 13,2023 in Illinois Divorce

IL divorce lawyerDivorce is often a challenging and psychologically draining experience. A situation that can be particularly difficult is when a business owner is going through a divorce. Dividing complex assets like a business can bring profound anxiety to any business owner, as an important question lingers: Does getting a divorce mean I will lose my business? The good news is that getting a divorce does not guarantee you will lose your business. However, if you are a business owner getting divorced, it is essential to understand that various factors come into play when determining the fate of a business in divorce proceedings. 

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Can an Illinois Divorce Settlement Be Appealed?

 Posted on August 29,2023 in Illinois Divorce

IL divorce lawyerDivorce proceedings are often life-changing for all individuals involved. Once a divorce settlement is reached, one might assume that the legal battle is over. However, it is possible to appeal a divorce settlement in Illinois in certain circumstances. Today, we will explore the grounds for appealing a divorce settlement, the processes involved, and the factors the court considers when deciding whether to grant an appeal. If you are interested in appealing a settlement or are in need of legal counsel in your divorce, contact a qualified and able lawyer to ensure you have the legal aid you need to fight for a favorable outcome in your case.

Grounds for Appeal

To appeal a divorce settlement in Illinois, the party seeking an appeal must establish that there are valid grounds for doing so. The most common grounds for appeal are errors of law or fact, fraud, coercion, or newly discovered evidence. Errors of law can occur when the court misapplies the law or fails to consider relevant legal principles. On the other hand, errors of fact involve the court’s incorrect interpretation of the evidence presented during the divorce proceedings. Fraud and coercion, if proven, can also invalidate a divorce settlement. Finally, newly discovered evidence that could not have been reasonably discovered during the original proceedings may also be grounds for an appeal. 

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Navigating College Expenses After an Illinois Divorce

 Posted on August 24,2023 in Child Support

IL divorce lawyerDivorce can have a significant impact on the financial aspects of supporting your child’s higher education. Today, we will explore how college expenses are typically managed after an Illinois divorce, including the role of child support and how it can be extended to cover college education costs, even for non-minor children. If you are concerned with how your divorce may affect your child’s ability to seek a college education, contact a divorce attorney to get the help you need during this consequential time in your life and your child’s.

Understanding Child Support and College Expenses

In Illinois, child support obligations typically end when the child turns 18 or graduates from high school. However, as part of a divorce settlement, parents may choose to negotiate and include provisions for college expenses. This ensures that both parents contribute to their child’s education, even after the traditional obligation of child support ends.

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Should I Sell My Business if I Am Getting Divorced?

 Posted on August 15,2023 in Illinois Divorce

IL divorce lawyerWhen someone gets a divorce, emotional and financial considerations often play a role in the handful of decisions made throughout the proceedings. What to do about significant assets often plays a major role in the divorce of many couples. Of all the significant assets a couple may possess, few are more complex than a business. If you own a business and are getting divorced, the question of whether you should sell the business will likely arise at some point. Such decisions require careful consideration of various legal aspects and their potential implications.

Today, we will examine the factors to consider when deciding what you should do about your business. Discuss these factors with your divorce attorney and listen to their professional opinion as to how you can wisely move forward and make a decision that is right for you.

Get an Idea of What the Business is Worth

Of course, you need to determine its value accurately before you can think about seriously selling your business. There are a couple of different ways to approach the valuation of a business. You may decide to use the market approach, the income approach, or the asset approach. Depending on the circumstances of your situation, you can take a look at each approach and decide what is best for you and your business. That is if you do decide to sell. Even if you are still deciding whether to sell, it may be wise to see what your business is worth. Knowing its worth may make the decision simpler to make.

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Should You Fight for the Marital Home in an Illinois Divorce?

 Posted on August 07,2023 in Illinois Divorce

divorce assets

One of the most significant assets to consider during a divorce in Illinois is the marital home. Deciding whether to fight for the home requires careful consideration of various factors, including financial implications and emotional attachments. Today, we will dissect several key considerations to help you make an informed decision about whether to retain the marital home during an Illinois divorce. As with other divorce matters, discuss your questions and concerns with your divorce lawyer, as they will have the knowledge to help you make the most informed decision possible. 

What Does Equitable Distribution Mean in Illinois?

Illinois law does not call for the equal division of assets. Instead, the state goes by the equitable distribution principle, which means the court aims to divide the assets instead of exactly equal. Different factors contribute to what the court regards fairly to mean, such as the duration of the marriage, each spouse’s contribution to the acquisition of the property, and the financial circumstances of each party. 

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Navigating Property Division in Illinois Divorces

 Posted on July 31,2023 in Illinois Divorce

IL divorce lawyerThe property division process is often one of Illinois's most critical and contentious aspects of divorces. Determining how to divide assets and debts best can raise complex issues, leading to disputes between divorcing couples. Today, we will examine the most common challenges faced during the property division process in Illinois and offer insights on potential solutions. As always, discuss with your divorce lawyer any concerns you have with matters related to your divorce, as your attorney should be your go-to person for any questions or concerns you have throughout the divorce process.

The Identification of Martial vs. Non-Marital Property

Of course, differentiating between marital and non-martial property is a crucial step in the property division process. While marital property includes assets acquired while the couple was married, the non-marital property typically predates the union. However, determining the classification of certain assets, such as commingled funds or property acquired before marriage but improved during the marriage, can be challenging. Consulting with an experienced attorney and providing clear documentation, including financial records, can help resolve disputes and establish accurate classifications.

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Why Do Most Custody Disputes Happen?

 Posted on July 25,2023 in Child Custody & Allocation of Parental Responsibility

Custody disputes can be distressing and emotionally challenging for all parties involved. Any parents about to begin the divorce process must understand the underlying reasons behind these conflicts, as shedding light on what causes these disputes to occur can serve as a guide to help divorcing parents mitigate their impact. Today, we will look at the most common reasons why these disputes arise. Contact an experienced divorce attorney to secure the legal representation you need during this critical time.

Differing Parenting Styles

Everyone wants the best for their kids. It is not uncommon for divorcing parents to have strong opinions on how their child should be cared for once the divorce is finalized. At the center of many disputes is a differing opinion on how their child should be raised. Conflicting parenting styles of divorcing parents can be a huge factor in many custody disputes. Each parent may have a different approach to discipline, education, religious upbringing, healthcare decisions, and general childcare responsibilities. These differences can lead to intense disagreements and disputes over what is in the child’s best interest.

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Examples of Non-Marital Property in Illinois Divorce

 Posted on July 14,2023 in Illinois Divorce

IL divorce lawyerIn divorce cases, dividing property between spouses can be complex and emotionally challenging, as can many issues that arise during divorce proceedings. Each state has its own set of rules and regulations to determine the equitable distribution of marital property. In Illinois, a key concept to grasp is the distinction between marital and non-marital property. Today, we will shed light on the latter category by providing examples of what constitutes non-marital property in an Illinois divorce. If you are concerned regarding what is marital property and what is not, contact a divorce lawyer to ensure you understand how each form of property may be a factor in your divorce.

Considerations and Key Examples of Non-Marital Property

Here are forms of non-marital property, including:

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Considerations for Keeping the Cost of Divorce Down

 Posted on July 07,2023 in Illinois Divorce

IL divorce lawyerDivorce is an emotional and challenging process that can also be financially draining. However, with careful planning and consideration, minimizing the expenses related to your divorce is possible. Last month, we discussed in a blog the many factors that contribute to the cost of divorce. Today, we are going to continue this conversation by delving into what to keep in mind as you look to keep the price of your divorce down. As you approach the divorce process, your attorney should be your most trusted ally as you look to successfully navigate this difficult period as best you can.

Factors for Keeping the Price of Divorce Down

While it may sound generic, maintaining open lines of communication with your spouse can go a long way in keeping the cost of your divorce low. Discuss your priorities, concerns, and goals in these conversations to establish a common understanding. By having open and frank discussions, you can minimize surprises and reduce the need for extensive courtroom litigation.

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Is a Stress-Free Divorce Possible?

 Posted on June 30,2023 in Illinois Divorce

IL divorce lawyerIn reality, stress-free divorce may vary among couples and is certainly not always possible. Divorce is an intricate process that comes with multiple potential economic, legal, and emotional setbacks and is one of the most traumatic and stressful life events someone can endure, challenging a person’s strength and resolve to push forward. For any hope of having a divorce that does not shatter you emotionally and psychologically, you must hire a divorce attorney to help you through the process, as trying to handle the divorce on your own will lead to unimaginable stress, making the entire situation worse than it already is.

Factors that May Contribute to Lessening the Stress of Divorce

Generally, a stress-free divorce will likely depend on multiple factors. First, opting for alternative methods such as mediation or collaborative divorce can eliminate the need for lengthy court proceedings, minimizing the emotional strain of the situation. Effective communication between the parties involved can also promote constructive dispute resolution, thereby reducing hostilities.

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