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How Are Marital Assets Divided in an Illinois Divorce?
The dissolution of a marriage can be one of the most trying experiences of someone’s life. When facing a divorce, there is so much to figure out; many areas can become contentious. Unfortunately, an area where things can get the most aggressive is when it comes time to divide your marital property.
If you and your spouse are pursuing a divorce, consider conferring with a knowledgeable attorney with experience in working with divorce cases. Remember, in divorce proceedings you want to put yourself in the greatest position possible to achieve a favorable outcome for yourself. This starts with hiring an attorney to represent you and protect your rights.
Equitable Distribution of Marital Property
Many believe that splitting up marital property is as easy as splitting everything down the middle 50-50. This could not be farther from the truth. Under Illinois state law, the court adheres to an equitable distribution model when it is time to divide the marital property. Equitable distribution means that the splitting of property is to be fair and reasonable, which is different from an equal split.
What to Know About Pursuing Adoption in Illinois
Children deserve to be raised in loving, caring and nurturing households. It is becoming increasingly common for families to have children by non-traditional methods. An excellent option for growing a family is through adoption.
Adoption can be a profoundly rewarding experience for so many different types of families. Adoption allows you to grow your family while simultaneously positively impacting a child who needs it. There are lots of options available for families interested in pursuing adoption. If you are interested in pursuing adoption, consult an adoption attorney who knows the law and will ensure all steps are appropriately taken care of, ensuring the adoption process is as seamless as possible.
Who Can Adopt a Child in Illinois?
In a broad sense, individuals or couples in Illinois are eligible to adopt if they can satisfy basic residency requirements, possess a good reputation, and do not have a legal disability. In addition, the prospective parent needs to be able to financially manage and support the new addition to their family, like providing the child with appropriate housing. Contrary to popular belief, there are no set income requirements for adoption. People who are single or unmarried, as well as married couples, are all eligible to adopt. However, if a married couple who lives together wants to pursue adoption, each spouse needs to be a part of the adoption process.
Is it Possible to Modify Your Divorce Years Later?
The process of divorce can be a long, complex, and arduous process. It is not uncommon to feel incredibly relieved once the whole process is over. However, people's lives and needs can change drastically as the years pass. You may wonder, is it possible to change the terms of your divorce years after it took place?
In the months and years following your divorce, different situations may arise that require your divorce decree to be altered or modified. For your divorce decree to be changed, court approval must be given. If you are looking to modify your divorce decree, consult with a knowledgeable divorce attorney who understands the modification process and can assist you in making any changes you feel are necessary.
Divorce Decree Modifications
Under Illinois law, former spouses can seek to modify their divorce terms by agreement with each other or through a court order. Notably, not all decisions made during a divorce are eligible to be changed once the divorce is completed. For example, the division of marital property is final and cannot be modified once the divorce is finalized. However, there are terms of your divorce decree that can be changed. This includes:
What Are My Rights as a Father During a Divorce?
Starting a family can be one of the happiest and most rewarding things someone can do with their time on earth. In life, however, few things ever go according to plan. For various reasons, what could have started as a happy marriage may dissolve and end in a divorce. In times of familial crisis, such as during a divorce, parents are often most concerned with protecting their children and are focused on minimizing the traumatizing effect a divorce can have on a child's life.
Any parents' worst nightmare is that during the divorce process, they may be denied a say in making decisions where their children are concerned, or that they may even be denied visitation and parenting time with their child. It used to be assumed that during a divorce, the mother, seen as the nurturer, would be granted custody of the children. However, times have changed, and fathers are recognized as equally important in their children's lives. If you are a father and have been denied visitation or parenting time with your child and believe you do not have enough say in matters, consider contacting experienced Illinois family law attorneys who are passionate about protecting a father's rights during divorce.
Compassionately Working Through a Divorce When Psychological Concerns Are at Play
No matter the circumstances surrounding a divorce, the process is often riddled with overwhelming feelings of heartbreak, loss, and fear of the future. In addition, divorce proceedings can be complicated if a spouse has a mental illness or is battling a substance abuse problem. In cases where one or both of these factors are at play, securing legal representation from a skilled Illinois family law attorney who understands how to navigate a rocky divorce can be invaluable in ensuring your concerns are heard and your rights are protected.
Addiction and Mental Health Issues in a Divorce
In today's society, we are becoming more cognizant of how prevalent mental health and addiction issues are for many people. Mental health conditions such as depression, bipolar disorder, borderline personality disorder, and substance abuse issues with drugs or alcohol can, unfortunately, be significant reasons why a marriage ends up deteriorating. To get divorced, it is not required to demonstrate why the marriage failed. Under Illinois law, "irreconcilable differences" is when the court determines that attempts at reconciliation between spouses have failed and that any future attempts would also likely fail, which is a sufficient reason to divorce.
What You Need to Know When Navigating a Divorce When High Value Assets Are Involved
As is often the case, divorce can be a long and challenging procedure riddled with heartbreak, anger, and resentment toward your estranged spouse. An area that can become highly contentious during divorce proceedings is if there are considerable assets involved. The dividing of these assets can certainly be emotionally strenuous. If high value assets are relevant to your divorce case, there are several practical and monetary concerns that both spouses will need to be aware of. Much can be at stake in a high-asset divorce, and to make sure your rights are protected, contacting a knowledgeable Illinois divorce attorney can make all the difference.
Legal Matters in High Asset Divorces
When dividing property between spouses who are getting divorced, the state of Illinois engages in the principle of “equitable distribution.” This means the marital property does not need to be cut exactly in half between the divorcing parties. Instead, equitable distribution means that each spouse is supposed to receive a reasonable and rightful portion of the marital property owned by the couple.
What Is a Living Will and Why Are They Important?
More likely than not that you have heard of a will. In case you need a refresher, a will is a legal document that serves as the foundation of an estate plan. In addition, the document acts as a road map and guide for allocating someone's assets and property after they pass away. Finally, creating a will is an important step that grants someone’s family security and peace of mind.
So, you may be wondering, what is a living will? Essentially, a living will is a written document that functions as an advanced medical directive, which allows you, while you are still alive, to make specific decisions regarding what medical treatment you would like to receive if you become incapable of making such choices for yourself in the future. You may know other medical directives, like do-not-resuscitate orders and mental health treatment declarations. If you are interested in creating a living will, consider contacting an experienced living will attorney who can help you or a loved one navigate this sensitive time with the utmost compassion and knowledge of the best procedures moving forward.
The Legal Requirements for Surrogate Pregnancies in Illinois
It is often said that there is nothing more magical and rewarding than becoming a parent. But, sadly, becoming pregnant is not always as easy as a couple may expect. Many aspiring parents need a little extra assistance to make their family dreams come true.
Whether you are looking to see if you are eligible for surrogacy or are the intended parents considering surrogacy as a pathway to becoming parents, several legal requirements must be adhered to for the process to be legally valid. First, a surrogacy contract must be established at the outset of the process in Illinois. This contract is an agreement and, in many ways, a road map for the prospective parents and surrogate mother that helps safeguard the rights of the intended parents and surrogate. Whether you are the intended parents or a surrogate, an experienced surrogacy contract attorney can help both parties ensure that all rights are protected throughout the process.
The Process of Allocating Parental Responsibilities During a Divorce
If you and your partner have already decided to pursue a divorce, you have begun what can become a long, complicated, and intimidating process. It should be no surprise that things can quickly become contentious when children are involved in divorce cases, as they often are.
Every parent wants the best for their child. But unfortunately, the truth is that divorce can often be the hardest on the children involved. To ensure that your child's best interests are kept at the forefront of all the decisions you and your ex-spouse make, consider contacting an experienced family law attorney with extensive experience in helping clients determine the proper allocation of parental responsibilities.
Illinois Law Concerning Parental Responsibility and What It Entails
Throughout a divorce case, when children are involved, they are typically highly affected by whatever decisions are made between their parents. Under Illinois law, the court will allocate parental responsibilities to correspond with whatever the child's best interests are - unless the parents can agree between themselves, in writing, about what the allocation of significant decision-making responsibilities will be. Nothing in the law states that parental decision-making will be automatically granted to each parent.
What You Need to Know When Drafting a Will or Trust in Illinois
When planning for the future, there is no greater gift to grant a loved one than security and peace of mind. Questions like, "What will happen when I die?" or "Will my family be secure if something were to happen to me?" can be overwhelming but essential questions one must ask oneself. Building an estate plan that fits your and your family's needs is a critical step in ensuring that your family will be protected no matter what life throws at you. In addition, wills and trusts are excellent ways to grant yourself and your family the assurance that your family will be taken care of adequately in case of the unexpected.
What is a Will, And What Does It Include?
Essentially, a will is a legal document that serves as the foundation of an estate plan. This document organizes the allocation of a person's assets, property, and more after passing away. A will is customized to fit your family's financial and familial circumstances. While a lawyer is not required to make a will in Illinois, it is wise to hire a lawyer for the will-making process to ensure the document is legally binding and will hold up in a court of law against any legal challenges.
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