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How Can I Get My Divorce Decree Modified in Illinois?

 Posted on February 22, 2024 in Divorce

IL divorce lawyerThe process of settling a divorce can be tricky. Two people attempt to outline things that they will need to do in the future, even though they have no way of knowing what that future will hold. Will their income remain the same then as it is now? What about their health? Will either end up meeting someone new and getting married? Without being able to answer any of these questions about the future, it is difficult to draft an agreement in the present that can remain valid indefinitely. If changes in your life leave you wanting to modify your divorce decree, a Geneva, IL divorce lawyer can explain your options.

How Are Modifications Granted?

There are two ways you can try to get your divorce decree modified.

  • By agreement: The simplest way to modify your divorce decree is to reach an understanding with your ex. If the reason you want a modification is more objective, for example, if one ex-spouse is getting remarried, and so the other spouse is no longer required and does not want to pay alimony, it might be easier to get them to agree. Likewise, if you are supposed to be paying child support based on the income you were making at the time your divorce was settled and you have since taken a significant pay cut, your ex might understand your financial inability to pay the same amount as before, if at all. If it is more of a subjective reason, for example, if you believe your ex is no longer providing your children with a safe home, and you want to decrease their custody, it might be more of a challenge. If you can agree about the modifications you seek, you will need to submit your proposed modifications to the court and await their approval.

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What to Know about Legal Separation in Illinois

 Posted on January 31, 2024 in Divorce

Geneva, IL divorce and legal separation lawyerOne generalization that can apply to everyone is that we are all different. Even if people belong to a group and prefer the same religion, food, political party, etc., they all have their own personal background and circumstances that will affect their unique approach to life. For that reason, there is no one way for people to resolve marital issues. Depending on how long the problems have lasted and how many attempts have already been made to resolve them, every couple will deal with issues differently.

Some might prefer to avoid any major changes and will live with any problems they have. Some might try couples therapy. Others might decide to end the marriage for once and for all. However, legal separation is another option available to people who do not wish to remain in their marital situation but are not ready to completely end the relationship in divorce. If you are ready to end your marriage but do not want the finality that comes with divorce, speak with an experienced Geneva IL divorce lawyer to see whether legal separation might be a good choice for you

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Should I Try to Settle My Illinois Divorce through Mediation?

 Posted on December 28, 2023 in Divorce

Geneva Family Law AttorneyPeople are unique and cannot fit into one uniform mold. It is a simple fact of life that remains true as people grow up and get married, too. Every married couple will have its own unique dynamics. This uniqueness also applies to divorce. Since every marriage is unique, it would not be possible to find one method that could work for every couple that wants to end their marriage. Some couples can still appreciate each other and recognize the other person’s contributions and qualities. Some might prefer not to interact with their spouse but can manage to do so respectfully for the sake of any children they may have. Other couples might split acrimoniously. Because of that, there are also various options available for ending marriage that could work for different couples and their circumstances. If you and your spouse wish to end your marriage but you still appreciate each other and recognize each other’s needs, you should speak with a Kane County, IL divorce attorney to see whether mediation could be a good fit.

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Can I Stop My Ex from Relocating for Work?

 Posted on November 30, 2023 in Divorce

Geneva divorce lawyerDuring divorce proceedings, the two people ending their marriage must agree on how many issues will be handled going forward. Sometimes, a divorce is contentious, so reaching these agreements can be very challenging. In other cases, it is quite amicable, with the former spouses maintaining an appreciation for each other despite no longer wishing to remain married. When a divorced parent considers relocating for work, this can be a very complicated situation to navigate. If you are a divorced parent and your ex is planning on relocating for their career, and you are concerned about how this will affect your custody arrangements, an experienced Kane County divorce lawyer can answer any questions and start working on a plan to advocate for your rights.

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How is Home Ownership Decided in an Illinois Divorce?

 Posted on October 30, 2023 in Property Division

Geneva divorce lawyerWhen a couple goes through a divorce, they need to agree on many different ways in which their formerly merged life will now transition into the life of two separate individuals. They need to figure out and agree about where each spouse will live, what will happen to any joint retirement accounts they may have, whether they will make or receive alimony payments, and more. Of all of the aspects of a divorce, one of the most difficult to agree on is generally what happens to the family home. Property division can be the cause of a great deal of confusion and anxiety. If you think divorce is in your future and you are unsure about what should be done with the home you own, a Kane County, IL property division attorney can answer your questions and advocate for your best interests. 

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What are the Fundamentals of a Prenuptial Agreement? 

 Posted on September 18, 2023 in Prenuptial and Postnuptial Agreements

Geneva, IL prenuptial agreement lawyerLike most people, you may view divorce as a difficult process to endure. You may worry that there will be many lonely nights thinking about the future, particularly in regard to money. That is why having a prenuptial agreement is recommended. Before a couple ties the knot, this arrangement is a great way to safeguard finances during divorce in an efficient and legal manner. 

In this article, we will explain what a prenuptial agreement is and how it affects the divorce process. Even if you feel you have a firm grasp of prenuptial agreements, it is important to work with a Geneva, IL family law attorney who can best evaluate your situation and help you draft a prenup that is both legally enforceable and tailored to your preferences.

What is the Definition of a Prenuptial Agreement? 

The definition of a prenuptial agreement is a legal arrangement that is created by two partners before they wed. The arrangement dictates how the couple will manage their assets during divorce and can also detail the financial responsibilities of a couple during a marriage. The arrangement is put into action after the couple weds. 

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Is Wage Garnishment an Option Toward Collecting Child Support from an Uncooperative Spouse?

 Posted on August 23, 2023 in Child Custody and Support

Untitled---2023-08-23T111801.235.jpgChild support is crucial for the well-being and proper upbringing of children. However, when a parent responsible for paying fails to fulfill their child support obligations, it can create serious financial challenges for the parent relying on the child support payments to support the child. In Illinois, wage garnishment can effectively collect unpaid child support from an uncooperative spouse. Today, we will explore the wage garnishment process for child support in Illinois and its potential benefits for the parent seeking child support assistance. 

Understanding Wage Garnishment in Illinois

Wage garnishment is a legal process that allows an individual or entity to collect unpaid debts directly from a person’s earnings. In the context of child support, a parent seeking support can pursue wage garnishment to enforce child support payment from an uncooperative spouse.

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Is Collaborative Law the Same as Mediation?

 Posted on July 27, 2023 in Divorce

IL divorce lawyerCollaborative law and mediation are both alternative dispute resolution (ADR) methods used in the legal field. While they share various similarities, there are critical differences between the two. Today, we will explore the distinctions between collaborative law and mediation, shedding light on their respective processes, goals, and potential benefits. Have a conversation with your divorce attorney to determine if either process may benefit your situation.

Dissecting Collaborative Law

Often used in family law matters, this process involves each party retaining their collaborative law attorney, who assists them in negotiating a mutually acceptable settlement. The attorneys work with the parties to reach a resolution outside of court. Collaborative law involves face-to-face meetings, typically in a neutral setting, where both parties and their attorney engage in open and transparent discussions. The process encourages the exchange of information and focuses on finding creative solutions that meet the needs and interests of all involved.

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What to Know About Courtroom Etiquette During Your Illinois Divorce

 Posted on June 26, 2023 in Divorce

Il divorce lawyerGetting a divorce can be a very upsetting process for all involved and can last considerably longer when uncontrollable behaviors and outbursts coincide in court. Divorce proceedings may reflect a bad relationship between divorcing spouses. Still, acting appropriately during your time in court is imperative to ensure you do not make the process any more difficult than it already is. As you look to begin the divorce process, hire an attorney to ensure you can protect your rights and interests.

How to Behave in Court 101

If you are going through a divorce in Illinois that requires you to attend a hearing, consider the following courtroom etiquette:

  • Dress appropriately – You should dress in a manner that represents respect both to the judge and court proceedings. Your dress code should be business-like and may include a suit for men or a modest outfit and minimal makeup for women.
  • Be on time – When attending a scheduled court hearing, ensure you arrive early enough and are prepared with all related documentation. Punctuality portrays proper reverence for the hearing’s worth and the efforts of all present people.

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Business Valuation for an Illinois Divorce

 Posted on May 20, 2023 in Property Division

IL divorce lawyerWhen a business is part of the marital estate in an Illinois divorce, it is essential to value that business as accurately as possible in order to divide the assets fairly between the spouses. However, business valuation can be a tremendously complex process, requiring the input of a team of professionals with knowledge in accounting, finance, and management. Today, we will discuss what you can expect during a business valuation as part of asset division during an Illinois divorce.

Necessary Steps During a Business Valuation

The first step in a business valuation is to identify all of the assets and liabilities associated with the business. This includes tangible assets, such as equipment, inventory, and property, as well as intangible assets, such as goodwill, customer relationships, and intellectual property. It may also include liabilities such as outstanding debt and unpaid taxes.

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