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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 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 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 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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Palatine divorce settlement attorneyDuring divorce, spouses will work to resolve a wide variety of legal issues through negotiation or mediation, and ideally, they will be able to resolve these issues without the need for litigation in court. At the conclusion of the divorce process, a couple’s final decisions about these issues will be set down in a marital settlement agreement which will be incorporated into their divorce decree. In Illinois, a marital settlement agreement should include the following:

  • Division of assets and debts - A settlement will specify how any marital property will be divided between spouses, including real estate property, physical possessions, automobiles, the balances of bank accounts, business interests, and retirement funds or pensions. It should also specify who will be responsible for marital debts. 
  • Parenting plan - This portion of the settlement will specify how parents will share decision-making responsibility for their children or whether one parent will have sole responsibility in certain areas. It will also detail each parent’s parenting time schedule, including where children will stay on holidays, who will provide transportation, and any other relevant details.
  • Spousal maintenance - If one spouse will be paying spousal support (alimony) to the other, the settlement will specify the amount of these payments and when these payments will begin and end. It should also include details about when these payments should be reviewed, adjusted, or terminated.
  • Child support - The settlement will detail the amount of a parent’s child support obligations, as well as when these payments will begin and when they will be terminated. It may also specify how parents will divide the costs of their children’s medical insurance premiums, dental and orthodontic care, child care, extracurricular activities, or college expenses.
  • Tax information - A settlement should specify which parent will be allowed to claim children as dependents on their taxes. It may also address whether the spouses will file a joint tax return if they were still married during the previous year and how any tax refunds or taxes owed will be allocated between the spouses.

Contact a South Barrington Divorce Attorney

The details included in a divorce settlement are often very complex, and it is important to have an attorney on your side who can ensure that your settlement which protects your rights and meets your needs. Whether you are beginning the divorce process or need to review your marital settlement agreement prior to finalizing your divorce, Anderson & Associates, P.C. can provide you with the legal help you need. Contact our Schaumburg divorce lawyers today at 847-995-9999 to set up a free consultation.

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Schaumburg divorce attorney, high conflict spouse, divorce and communication, divorce process, divorce decreeDivorce is difficult at the best of times, but it can become much more of a headache when one spouse is argumentative and prone to provoking conflict. You are likely ready to move on with your life after the end of your marriage, and the last thing you want is an ex who keeps dragging you back into old arguments and coming up with new things to fight about.

If your ex is making things difficult during and after your divorce, consider the following factors:

  1. You can set boundaries. While you and your spouse were used to being able to confide in each other and talk about anything during your marriage, those days are over. Moreover, if you do not want to discuss your personal life with your ex or listen to their complaints, you do not have to do so. Keeping conversations business-like, avoiding emotional discussions, and hanging up the phone or walking away if things get heated are good ways to keep from letting your ex push your buttons.

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