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Schaumburg divorce lawyers

Deciding to get a divorce is the first step to complete the legal process. Whether you and your spouse make the decision together, or it is a one-sided decision, the process of getting a divorce can seem overwhelming. Having experienced legal counsel will make the divorce process easier, particularly if any issues arise. 

Illinois Divorce Laws

In Illinois, divorce is legally referred to as the dissolution of marriage. To file for divorce in Illinois, you must have resided in the state for at least 90 days. To begin the legal process, the first step is to hire a skilled divorce attorney who can complete all the required paperwork. Details about your marriage and your spouse will be included, including where you were married, places of employment, and addresses. These forms must be filed with the county court you are asking for a divorce. There will be a filing fee, and if necessary, a service fee. 

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Schaumburg divorce lawyer

When getting a divorce, one of the biggest concerns is how decisions regarding children will be made between the former spouses. In Illinois, this is called parental responsibility, which dictates the important aspects of a child’s life. Decisions about medical care, education, and religion are made by the parents, who share this responsibility. Decisions about a child’s care are made through what is called a parenting plan. 

What is a Parenting Plan?

A parenting plan is a court order that decides which parent sees the child and when, and how they are cared for. Although the time spent with both parents is rarely an exact 50/50 split, in most cases, the court will decide that the child will benefit the most from seeing both parents regularly. In lieu of “visitation” in Illinois, the term used is “parenting time,” which is defined as time performing parental duties and care. 

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Posted on in Divorce

Palatine divorce lawyers

A married couple may decide to start a family, but what happens if that couple decides to get a divorce while expecting a child? A divorce and pregnancy are stressful on their own, but experiencing them together presents a unique set of challenges. In Illinois, a pregnancy in no way restricts your ability to end a marriage, but there are some reasons a family may choose to delay divorce finalization until after the child is born. 

Whether this is a first child or a new addition, it will be important to discuss what is best for your growing family. Although you and your spouse may not see eye to eye anymore, reaching common ground about an unborn child and divorce will reduce everyone’s stress. Consider some of these points when making decisions about your divorce with a baby on the way. 

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Posted on in Divorce

Barrington divorce lawyers

The division of marital property is an essential part of the divorce process, but what some people forget is the division of debts. Whether credit cards, car loans, or student loans, it is important to take a close look at the debts that have accrued as a couple.

Every state has its own approach to dividing property, money, and debts. In Illinois, these are split according to what is equitable, not necessarily even, and takes various factors into account. Anything that is considered marital property can qualify for division. 

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Schaumburg prenup lawyer

It is never a bad thing to plan for the worst-case scenarios in life, including what will happen if your marriage ends in divorce. Planning with your significant other for issues like the division of marital assets while you are on good terms is better than arguing about them during a contentious divorce process. Having a plan in case of divorce may seem like a negative way to start a marriage, but it can give peace of mind no matter what happens after tying the knot. 

Getting married affects all aspects of your life, including finances, social life, inheritances, and more. Meeting with an experienced family law attorney to create a legal agreement in case the marriage fails can benefit both parties in the long run. 

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Posted on in Divorce

Schaumburg family lawyer

When children are young, birthday parties are a way to make them feel special, with family and friends in attendance. However, after a divorce, celebrating a child’s birthday may feel like a complicated and daunting task. Your child deserves to have a great day, but seeing your ex-spouse and being reminded of your divorce may not be the best situation for everyone involved. You may also feel increased pressure to make things perfect for your child, especially if you are recently divorced.

To start, your parenting plan may have all the answers. You might have communicated what to do for family birthdays in your divorce agreement. A parenting plan dictates which parent a child spends time with and when. Maybe that was a while ago, and things have changed, or it was not included at all. 

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Posted on in Divorce

Schaumburg Divorce Lawyers

Marriage is a union that brings two people together. In order to get married in Illinois, two adults age 18 years or older have to sign a marriage license at the county clerk’s office. After presenting proper identification and paying a fee, you can be legally married. It takes two consenting adults to get married, but when it comes to divorce, if one partner cannot be located, service by publication can be issued to relieve the abandoned partner.

When getting a divorce, the first step is to file a petition to end the marriage with the court. This involves paperwork you file with your local clerk’s office. Your petition will be assigned a case number and a judge, and a summons will be issued. The summons is what the other spouse receives to initiate the divorce process. There are five ways to provide this notice:

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Posted on in Child Custody

Arlington Heights Divorce Attorney

Child custody, known as the allocation of parental responsibilities in Illinois, is one of the more complicated aspects of a divorce. Despite your opinion and feelings about your ex-spouse, you both still have the common ground of loving your children together. No one wants to feel like their children are taken away, or that they are being purposely kept from them. With the right parenting plan, you can create a schedule that benefits everyone. 

In recent years, Illinois has implemented changes to family law procedures regarding divorce and children. Along with the change from child custody to the allocation of parental responsibilities, the terms “sole” and “joint” custody are no longer used. Visitation is also an outdated term, and parenting time is now used in its place. 

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Posted on in Divorce

Palatine Divorce Lawyer

With all the planning and effort it takes to get married, getting a divorce is an equally demanding reversal. However, instead of booking venues and picking flower arrangements, you are hiring attorneys and dividing assets. Some religions also frown upon divorce, which can add another layer of complexity. Still, there are many possible reasons someone may decide to divorce their spouse. 

In Illinois, a judge will grant a divorce if the couple has irreconcilable differences or has lived separately for six months. The divorce process starts by filing forms and serving them to your spouse. If you are conflicted on your reasons for wanting a divorce, here is a list of common factors that often cause individuals to make the critical decision.

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Posted on in Divorce

Schaumburg Divorce Attorney

When two people get married, their financial situations change. The same is true in divorce. In Illinois, spouses who earn less money typically receive spousal maintenance (formerly known as spousal support or alimony). Here is a look at how spousal maintenance is calculated.

What Is Spousal Maintenance?

Spousal maintenance protects the individual in the marriage who makes less money and who would, therefore, be at an economic disadvantage in divorce. For example, one spouse may have stopped working to raise the family while the other maintained a high-paying career. Maintenance is meant to maintain the standard of living for both former partners. 

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Posted on in Divorce

Palatine Divorce Lawyer

Often when people fall in love, they get married to show their commitment to their partner. It is a significant gesture and an even bigger step in a relationship. A wedding is supposed to be one of the happiest days of your life, so after a divorce, it may feel hard to love and accept yourself.

There is no right or wrong way to feel during or after a divorce. Everyone has different experiences depending on the length of the marriage and if children are involved. In some cases, a divorce may be the best thing for everyone, although it may not feel that way at the time.

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Schaumburg Divorce Lawyer

Your adolescent child may be closer to being an adult than an infant, but your son or daughter is at a transitional time in their life when it comes to emotions and self-esteem. Teenagers may appear adjusted to the idea of their parents getting a divorce, but they often take it harder than younger siblings. 

The World Health Organization classifies an adolescent as someone between the ages of 10 and 19. There are many things a child in that age frame can worry about, from acne to getting into the right college. The pressure to do well in school, maintain a social life, and participate in extracurricular activities can be overwhelming. On top of that, from puberty onward, there are physical and emotional changes that have a significant impact on a teenager’s life. 

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Schaumburg Grandparent Rights Attorney

When getting a divorce, one issue commonly discussed is which parent a child spends time with and when in the form of a parenting plan. Parenting plans break down custody and visitation, or parenting time in regard to separated parents, from daily schedules to special circumstances like holidays. 

After a divorce, other family members such as grandparents may want to spend time with a child as well. The relationship a parent may have with the grandparents of their child can change after a divorce. A parent’s rights come first, and each state has its own legislation regarding people who are not parents of the child. In Illinois, grandparents may have the right to visit with a grandchild, depending on the circumstances, after a divorce. This is also the case for stepparents, great-grandparents, and siblings.

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Posted on in Divorce

Schaumburg Divorce Lawyers

The topic of divorce is difficult for many couples. The relationship may have become one-sided or perhaps both spouses are unhappy. The best way to convey these feelings is to communicate about the status of your relationship, but that often does not occur until it is too late to save a marriage.

Many spouses first learn of their partner’s intention to divorce them when they are told they have already filed a Petition for a Dissolution of Marriage. This is the first step in the divorce process and your spouse is required by law to alert you that a petition has been filed with the court. Official notification by legal notice is typically mailed or delivered by a process server. In the event you cannot be located, a notice is posted in a newspaper of general circulation in your area. 

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Schaumburg Parenting Plan Lawyer

With New Year’s and the holiday season now in the rearview mirror, children will soon go back to school. Winter break is a great time to enjoy days with your children and celebrate together. With your child being off from school for multiple weeks, hopefully your parenting plan worked sufficiently for you and your ex-spouse as you navigated the packed schedule. 

Parenting plans should be formulated during the initial divorce process. They detail when a child gets to spend time with each parent and provide instructions for situations like extracurricular activities, holidays, and day-to-day life, such as exchanges of parenting time and a child's educational needs.

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Posted on in Divorce

Schaumburg Divorce Attorney

With the new year on the way, people always look for ways to improve themselves for the upcoming calendar year. Some may choose to eat better, work out more, or pick up a new hobby.

After a divorce, it often takes some time to adjust and get used to no longer being with your spouse, especially if the marriage lasted for many years, but the new year brings a fresh opportunity to reinvent yourself. You can do this at any time after the divorce, but with millions of other Americans setting goals to better themselves, you might feel inspired. If you have friends who set resolutions as well, it can be helpful to have them as your support network.

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Posted on in Divorce

Schaumburg Divorce Lawyers

No matter what holiday you celebrate this time of year, if you are recently divorced with children, it can be difficult to let go of your ex-spouse and the times you had. Family holidays like Christmas typically increase the level of communication between you, and if this is your first holiday season after your split or divorce, planning festivities may feel like a daunting task. Your parenting plan is a great place to start. 

A parenting plan should provide a breakdown of all important holidays. School-aged children have extra time off this time of year, so your plan should reflect that in a manner that is fair to both parents. Splitting a child’s time off and allowing each parent to have either Christmas or Christmas Eve is a good way to go. 

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Schaumburg Divorce Attorney

Although it has become more common for women to keep their maiden name for personal or professional reasons, taking a spouse’s last name when you get married is still a common practice. The tradition originates from old 19th century English law, where women were required to assume their husband’s surname. Today, 20 percent of women in the United States retain their birth names, but what happens when a member of the 80 percent decides to get a divorce

Since the 1980s, the divorce rate in the United States has decreased. Today, for first-time marriages, it sits at around 45 percent. When divorcing your spouse, a request to change back to your maiden name should be included in your divorce petition. This only concerns a switch to your birth name. A new request should be filed if you wish to change your name to something else.

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Schaumburg Divorce Attorneys

Enlisting children in extracurricular activities builds confidence and opens doors to different interests. Participating in music, sports, or clubs as a child can create lifelong skills and passions. 

A break in the family, such as a divorce, can make life feel uncertain for your children, and create conflicts between parents. Perhaps one parent thinks the violin lessons are going nowhere, or horseback riding lessons are too expensive, while the other disagrees.

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Schaumburg Divorce Attorneys

Did you know married couples with teenage daughters are more likely to get divorced than those without? Still, it is much more than the occasional screams and door slams from a teenage girl that leads to a divorce.

Both male and female teens go through dramatic changes during those years, and divorce can turn things even more traumatic. This change may pile up on everything else they are feeling. 

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