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The Most Common Reasons for Divorce

 Posted on July 13, 2023 in Divorce

Arlington Heights Divorce AttorneyIf you are considering getting divorced from your spouse, you are far from alone. Some individuals fear that their reason for wanting a divorce is strange, or silly. Knowing some of the most common reasons people get divorced may help to validate your feelings. Deciding whether to divorce is a highly personal choice. You should know that you will not likely need to explain your reasons for wanting a divorce to the judge. The only ground for divorce is having “irreconcilable differences.” The judge is not there to judge whether you have a good enough reason for getting divorced. Simply asserting that you and your spouse have irreconcilable differences is generally enough to have your divorce granted. However, if your case goes to litigation, you may be asked some questions of a personal nature. It is best to be represented by an attorney throughout the process.

Top Reasons for Getting a Divorce

Some of the most common reasons spouses divorce include:

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Divorce When One Spouse is Pregnant

 Posted on July 12, 2023 in Family Law

Lombard Paternity LawyerSometimes the best thing to do for yourselves and your child is to separate and begin the divorce process. It can be emotionally and legally challenging to get a divorce while a female spouse is pregnant. If your relationship with your child’s mother is ending in a difficult divorce, she may be motivated to keep you out of her life - and therefore, her child’s life. Fortunately, there are steps you can take to assert your rights as a parent. Even if your divorce finalizes before the child is born, you will likely still be considered a legal parent to that child. This remains true if the child is not biologically yours, but was meant to be the child of both of you. If you will need the court to intervene, it is best to work with an attorney. There are some steps that must be taken promptly, and an attorney can guide you through the process.

Will My Unborn Child Legally be My Child?

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What Are Temporary Orders in an Illinois Divorce?

 Posted on June 30, 2023 in Family Law

Wheaton Divorce LaweyrWhen a couple decides to divorce, there may be a significant amount of time between the filing of the petition and the final decree being issued, depending on the marital issues the couple needs to dissolve. However, there are often immediate issues that do need to be addressed. Temporary orders are court-issued directives that address these issues while the divorce is pending. These orders establish temporary arrangements and provide guidelines until the final decree is issued. The following is a brief overview. For more detailed information concerning your circumstances, contact a Lombard divorce attorney.

Why You May Need Temporary Orders

The purpose of temporary orders is to maintain stability and address pressing issues that arise during the divorce process. They help establish temporary guidelines to address matters such as child custody, parenting time, child support, spousal support, and the use of shared assets and properties.

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How Are Benefits Addressed in Military Divorces?

 Posted on June 29, 2023 in Divorce

Schaumburg Military Divorce LawyerAccording to national statistics, the divorce rate among the military is almost double that of any other profession, at approximately 3.09 percent. It is even higher for female members, at more than 4.50 percent. Although any divorce can be complex, military divorce is even more so because of the types of benefits that may be involved, as well as issues with parenting time. This is why it is important to speak with a divorce attorney if you are considering ending your marriage.

Military Benefits

Qualifying for military benefits after a divorce depends on several factors, including the length of the marriage, the duration of the military service, and specific regulations outlined by the Uniformed Services Former Spouses' Protection Act (USFSPA).

If you were married to a service member for at least 20 years overlapping with their military service, and their service includes at least 20 years of creditable service for retirement, you may be eligible for certain benefits. This is often referred to as the "20/20/20 rule" under the USFSPA. These benefits could include medical coverage through the Department of Defense (DoD) healthcare system, commissary and exchange privileges, and access to other military facilities.

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Do I Still Pay Child Support if I Got Laid Off?

 Posted on June 28, 2023 in Family Law

Arlington Heights Family Law AttorneyWhen the Illinois economy slows down, the pace of layoffs accelerates throughout the state. It can become very difficult to keep up with your child support obligations when you do not have your full income. However, child support is ordered by a court, and unless the court changes your child support obligations, you would still need to pay as obligated.

The Court May Modify Your Child Support

The court may order a reduction in the child support that you pay if you can prove that you have suffered a significant cut in your income. If you are out of work for any extended period of time, you should file a motion to reduce child support with the court. The judge may order lowered child support.

Courts often take a different view if the paying parent is fired from their job with cause. Then, judges often deny a request to modify child support.

Once you find a job again, the other parent may file a motion to modify to raise child support to reflect your new income. However, that modification would not be retroactive to cover the reduced payments.

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When Can Non-Parents File for Visitation Under Illinois Law?

 Posted on June 26, 2023 in Child Custody

Wheaton Parenting Time LawyerUnder Illinois law, when the parents of a child are no longer together, the court will issue an order that stipulates the allocation of parental responsibilities and what the parenting time schedule for the child will be. However, Illinois law also recognizes the importance of maintaining meaningful relationships between a child and non-parental figures who the child has a significant bond with. In these situations, that person can petition the court in order to seek visitation time with the child. The following are some of the relationships that may qualify.

Grandparents

Grandparents are one of the parties that have the right to petition the court in order to request visitation. The grandparent must be able to show the court that awarding visitation is in the child’s best interest. They must also be able to show one of the following conditions are met:

Your Marriage is Ending Because of Adultery. What Now?

 Posted on June 22, 2023 in Divorce

Arlington Heights Divorce LawyerMany Illinois divorces are triggered, at least indirectly, by adultery. The betrayed party, understandably hurt and angry, may wish to seek legal revenge against the person who interfered in their marriage. While revenge may seem tempting, it is not feasible to take legal action against someone for breaking up your marriage. However, it is important to understand how adultery may affect the divorce proceedings.

How Does Illinois Law View Adultery in Divorce Cases?

In Illinois, all divorces are based on “irreconcilable differences,” as it is a no-fault divorce state. Although adultery is no longer a legally recognized ground for divorce, it may still be taken into account during divorce proceedings. If a spouse’s infidelity is causing problems in the family, divorce might be a solution to consider. Adultery could affect how marital property is divided and spousal support payments. According to Illinois law, judges must decide about alimony without considering marital misconduct. Although marital misconduct may not directly impact divorce proceedings, it can still affect other aspects, such as property division.

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Signs it is Time to Consider a Guardianship for Your Elderly Relative

 Posted on June 20, 2023 in Guardianships

Wheaton Guardianship LawyerWhile most people would not want to be placed under a guardianship unless it were absolutely necessary, the fact is that in many cases, obtaining guardianship over an elderly loved one is truly necessary. When an older adult begins to lose the capacity to care for themselves or to manage their own healthcare and finances, initiating guardianship proceedings is often the best way to protect them. Having guardianship over your elderly family member can allow you to step in and begin making important decisions for them and managing their affairs. It is not an easy decision to make. Rather, making the choice to begin seeking guardianship can be emotionally fraught. You may feel as if you are taking their independence, when in fact, it is the natural effects of aging that have done so.

A. Traub & Associates is committed to helping family members and loved ones of aging adults pursue guardianship as a means of protecting the elder. We understand the difficulty involved in making the decision to pursue guardianship and strive to maintain privacy and dignity for all involved.

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What is The Role of a Forensic Accountant in an Illinois Divorce Case?

 Posted on June 09, 2023 in Divorce

Arlington Heights Divorce LawyerFinances play a crucial role in a divorce case. When there are complicated financial circumstances in a divorce, a forensic accountant may provide expert analysis and testimony. The primary objective of a forensic accountant is to assist in painting an accurate financial picture of the marital estate so that asset division, child custody, and other divorce issues can be determined. Forensic accountants are often used in divorce cases in which a spouse is misrepresenting his or her financial situation. A divorcing spouse may hide assets, undervalue assets, or lie about his or her income. A forensic accountant’s job is to uncover the truth and assist the divorce lawyer during the case.

Tracing and Identifying Assets

In many contested divorce cases, questions are raised about a spouse’s marital and non-marital assets. A forensic accountant traces and identifies marital assets, including assets that have been hidden. A spouse may try to hide assets by transferring assets to a third party, failing to disclose offshore accounts or other difficult-to-find property, or lying about the value of assets.

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Termination of Parental Rights in Illinois Adoption Cases

 Posted on June 08, 2023 in Adoption

Lombard Family Law AttorneyIn the eyes of the law, a child can only have two parents. Although stepparents and other family members often play essential roles in a child’s life, they do not have the same rights and responsibilities as parents unless they formally adopt the child.

Whether you are interested in a relative adoption, private adoption, or another type of adoption, it is important to understand how the termination of parental rights may play a role in your case.

Voluntary Termination of Parental Rights

In some cases, a child’s parents willingly give up their parental rights. A parent may make the decision to surrender their parental rights if they suffer from severe substance abuse or other personal problems that make them unable to care for a child.

Involuntary Termination of Parental Rights

In other cases, a parent’s parental rights are revoked against the parent’s will. Illinois courts only revoke parental rights if it is in the child's best interest. The courts want to keep families intact whenever possible. However, there are some situations in which it is better for the child if the parent’s parental rights are terminated.

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