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Posted on in Divorce

Kane County divorce attorneyIf you are thinking about filing for divorce, you probably realize that you will need to file your petition at the county courthouse. For many people, however, there are questions as to which county is appropriate. According to the law in Illinois, there are specific guidelines for choosing the right venue for your divorce, but you may have several options.

Basic Expectations

The Illinois Marriage and Dissolution of Marriage Act provides that the proceedings for a divorce in Illinois should be held “in the county where the plaintiff or defendant resides.” If you and your spouse both live in Kane County, then your divorce, barring unusual circumstances, should take place in the circuit court of Kane County. If you live in Kane County but your spouse has moved to DuPage County, your divorce could be handled by the court of either county. In any case, a county court judge may direct your process to any other county in the state as needed.

Kane County divorce lawyerIf you have made the decision to end your marriage, you are probably now facing a multitude of questions. Some are very reasonable, such as those regarding how you will support yourself after divorce or where your children will live. Others, though, can be even more confusing, especially if the answers should be straightforward but, for one reason or another, are not. For example, do you know how much your spouse makes each month? Are you sure? What about investments? Do you know where all of your money is? Obtaining a sound divorce settlement or judgment relies on the answers to these questions and countless others just like them, and a forensic accountant may be able to help.

What Is a Forensic Accountant?

Your divorce team could include experts from a variety of fields, including mental health, parenting, real estate, and financial planning, but a forensic accountant offers a very unique perspective. He or she is trained to assemble, review, and analyze financial records of an individual, family, and business to identify any possible discrepancies. By doing so, a forensic accountant is able to uncover hidden assets, discover secret revenue streams, and reveal misappropriation of marital and personal property. In addition to divorce cases, forensic accountants are also utilized extensively in investigations of money laundering and white-collar crime.

Posted on in Divorce

knowledge,divorce, Geneva divorce lawyerFor many individuals going through a divorce, the process can be frightening, stressful, and, at times, completely overwhelming. To be sure, ending a marriage is rarely easy; anyone who says otherwise has probably never experienced it. On the other hand, your divorce does not need to be as traumatic as you might think, even taking into account the wide range of accompanying emotions. Perhaps the biggest source of anxiety and trouble in a divorce is the fear of the unknown. What should I do first? Then what? How much will it cost? Will I be okay when it is all over? While questions like these are certainly valid, a little effort and research can help you obtain the knowledge you need to face your divorce with a sense of confidence and hope.

Knowledge of Your Current Situation

Before you even begin the divorce process, you need to take stock of what you own, both individually and as a couple. This can be rather difficult if your spouse has been handling the household finances, but now is the time for you to learn. Go through bank records, tax returns, credit card statements, and any other available documents to be sure you know exactly where you stand financially. You should also make a list of physical property that is likely to be divided between you and your spouse, including cars, furniture, valuable jewelry and antiques, artwork, and real estate. Last, but certainly not least, if you have children, you will need to fully understand their needs, especially in light of upcoming changes.

geneva divorce lawyer, commingled assets, division of propertyDuring the divorce process, as you probably know, you and your spouse will need to divide your marital property between the two of you. If you are not able to reach an agreement regarding who will get what assets, the decision will be left to the court. In such proceedings, the court will first identify what property is to be divided, establish the value of the property, then allocate it equitably—not necessarily equally—in accordance with considerations contained in Illinois law.

In many cases, identifying the marital estate can be rather challenging, despite seemingly straightforward statutes that govern the disposition of property. The Illinois Marriage and Dissolution of Marriage Act provides that marital property is any asset acquired by either spouse during the course of a marriage, except property that was received by one spouse as a gift, inheritance, or in exchange for other, non-marital property. Pretty simple, right? If you earned or received it during the marriage, the asset is probably part of the marital estate and subject to division.

The Challenge of Commingled Assets

Posted on in Divorce

Geneva divorce attorneyIf you are considering a divorce, there are probably countless questions going through your head. Ending a marriage will, in almost every situation, create a degree of uncertainty. You may be unsure of how you will get by on your own, how co-parenting will work, and whether you will ever be ready to give love another chance. In addition, you are also likely to have concerns about the process itself. Unfortunately, one of the most common questions is one that is among the most difficult to answer definitively. How long will it take to complete a divorce? It is almost impossible to say for sure.

Contributing Factors

The speed and efficiency of the divorce process depend on a wide range of variables, some related to your specific situation while others are beyond your control. For example, the current caseload in the county where you file your divorce petition can impact your case by several weeks or more, but you and your spouse can do little, if anything, about the court’s schedule.

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