Recent Blog Posts

Could My Ex’s Cohabitation Arrangement End Alimony Payments?

 Posted on July 05, 2024 in Spousal Maintenance

Blog ImageMost states today specifically prohibit awards of permanent alimony. Connecticut, Florida, New Jersey, North Carolina, Oregon, Vermont and West Virginia still allow permanent alimony, while other states specifically prohibit permanent alimony. In the state of Texas, it is difficult to get any type of alimony unless specified in a pre or postnuptial agreement. Illinois has what is essentially permanent alimony but is more often called "indefinite" or "lifetime" alimony. There are certain circumstances when lifetime alimony can be terminated.

If you are wondering whether you are entitled to alimony or whether you will have to pay alimony, the best source of information is your Kane County divorce attorney from The Law Offices of Douglas B. Warlick & Associates. While you can speculate, ask your friends, or hope for the best, your attorney has solid experience and knowledge that will give you a very good idea of whether alimony will be awarded in your situation and what it will look like.

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Collaborative Divorce in Illinois

 Posted on June 05, 2024 in Collaborative Law

IL divorce lawyerYou might be surprised to hear that there are several types of divorce available. It makes sense that there isn’t only one way to do it since there are so many different types of people and relationship dynamics. With options like contested divorce, uncontested divorce, arbitration, mediation, annulment, and collaborative divorce, different people can find a way that best suits them and their circumstances. It can be a bit confusing trying to understand what each type involves. This article will examine collaborative divorce, which is certainly not right for everyone but can be an excellent choice for people who meet the necessary conditions. It tends to be more popular among couples with children and those with higher-than-average means. If you and your spouse are thinking about having a collaborative divorce, speak with a qualified Kane County, IL divorce lawyer to find out more.

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Am I Responsible for My Spouse’s Credit Card Debt After Divorce?

 Posted on May 20, 2024 in Property Division

Kane County, IL divorce lawyerOne of the main issues that divorcing couples face is how to divide debt. Are both spouses responsible for each other’s debts? Are only certain debts the responsibility of both parties or are all of them? Does one spouse need to make mortgage payments if the other spouse’s name is on the house? What if one spouse has more money than the other spouse to pay for the debt?

The answers to those questions depend on whether the debt is considered marital debt or non-marital debt. 

This article will discuss what marital debt is and how it is divided. Consulting an experienced divorce attorney is a great way to make sure you are not saddled with debt that is not yours.

What is Marital Debt?

Like marital property, marital debt refers to debt that belongs to both spouses. For something to be considered marital debt, however, it must have certain characteristics. Marital debt is a financial obligation that:

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Will I Lose Custody if My Child Commits a Crime?

 Posted on April 19, 2024 in Child Custody and Support

Geneva, IL child custody lawyerIn Illinois, a minor who commits a crime or attempts to commit a crime is called a “juvenile delinquent.” Depending on the crime, the child and his or her parents may only receive a warning.

The law gets more severe, however, in cases where a child has committed a serious offense, such as a felony, or if a child has committed a crime several times. This can lead to the parents losing custody of their child.

If your child has allegedly committed a crime, contact a family law attorney in Illinois who is experienced in juvenile law and can explain your options.

This article will discuss juvenile law in Illinois and when it might cause a parent to lose custody of his or her child.

How Are Juveniles Treated in Illinois?

Some crimes are less serious than others. If your child is absent from school without a good reason, for example, he or she has committed truancy. Truancy is a crime, but it is not a criminal offense in Illinois. If your child is caught out of school without a valid reason, you can expect a warning from the school district’s truant officer.

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When Would a Cohabitation Agreement Be Advisable in Illinois?

 Posted on March 14, 2024 in Family Law

IL divorce lawyerMany couples decide to move in together as an important step in their relationship. Such couples tend to be in committed relationships that could resemble marriage in that they include a shared life, but the people involved are not married and might never want to be. Some might opt for this kind of arrangement if they object to the idea of marriage. Others might not feel ready yet for the religious or legal commitment of a wedding ceremony but wish to share their life with this other person. In fact, there are many reasons why a couple might remain unmarried but choose to live together. If you live with your significant other and you are not married, a knowledgeable Geneva, IL family law attorney can offer insight into whether a cohabitation agreement is a good idea for you.

Why Would Someone Opt for a Cohabitation Agreement?

When a married couple separates, there are legal processes they need to go through. Whether they decide to get a divorce or a legal separation, the courts are involved to ensure that both people end up with a fair amount of the assets they amassed together. If the couple has children, the court works toward a custody arrangement that serves the child’s best interests, regardless of whether either spouse has more money or influence.

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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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