Posted on July 14,2023 in Chicago divorce attorney

If you cannot find your spouse, getting a divorce in Illinois may be difficult. However, you should know that it is still possible. This article will explain the necessary steps for filing for divorce under Illinois law when your spouse is missing.

Attempting to Find a Missing Spouse

Before proceeding with a divorce, you must genuinely try to locate your spouse. This may include contacting friends, family members, employers, or others who may know your spouse’s whereabouts. You must list all of your attempts to locate your spouse in an affidavit of diligent search.

Divorce by Publication

If you have exhausted all options to find your spouse and still cannot locate them, Illinois law allows you to serve a divorce notice through a process called “Service by Publication.” This involves publishing a notice of the divorce in a local newspaper once a week for three consecutive weeks. Once the notice has been published and your spouse remains unresponsive, you can petition the court to issue a decree of divorce.

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 Posted on July 10,2023 in Divorce

It can be difficult to go through a divorce. Mix in dealing with a spouse who battles with addiction makes it even harder. This blog post provides guidance on what to do when navigating a divorce in Illinois under these circumstances. Topics covered include grounds for divorce, child custody, alimony, and asset division.

Grounds for Divorce

A marriage can be ended based on irreconcilable differences in Illinois when it has resulted in the irretrievable breakdown of the marriage. Substance abuse does not need to be proven as a specific reason for divorce in this state.

Child Custody

The court prioritizes the well-being of the child in child custody cases. If your spouse's addiction puts your child at risk, the court may limit their parenting time and decision-making authority. Your spouse may be required to cease using or having drugs while spending time with the child and attend a substance abuse program. It is important to provide evidence of the addiction's impact on your child to the court.

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 Posted on June 30,2023 in Divorce

Divorce is an emotionally challenging process, and it is crucial to understand the legal aspects involved to navigate it effectively. One commonly asked question is whether it matters who files for divorce first in Illinois. This blog post will explore the implications of being the first to file for divorce in Illinois, shedding light on the legal considerations that may arise during this crucial decision.

Does it Matter if You File First?

In Illinois, it makes no difference who initiates the divorce process because it is a no-fault divorce state. This means neither person has to provide a reason for the divorce other than “irreconcilable differences.” Therefore, filing first does not provide any legal advantage.

However, being the petitioner has certain benefits, such as starting the case in the county you prefer if the parties live in separate counties. From a legal standpoint, filing for divorce before your spouse does has little official advantage. The decision to file first is more about confidence and strategy.

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 Posted on June 28,2023 in Divorce Finances

When examining the factors that contribute to divorce rates, finances emerge as a significant influence on marital stability. In Illinois, a state renowned for its unique legal framework, understanding how finances impact divorce rates becomes crucial.

Economic Stress and Marital Dissolution

Marriages are not immune to the pressures of economic stress, and Illinois is no exception. Financial strains resulting from economic downturns, unemployment, mounting debt, and disagreements over money can significantly strain marital relationships.

Property Division

In divorce cases in Illinois, it is vital to determine marital assets. As the state follows equitable distribution laws, the division of property between the spouses is not necessarily equal but fair. The judge takes into account different factors, including financial imbalances, when deciding how to divide the assets.

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 Posted on June 23,2023 in Life After Divorce

Facing the end of a marriage is never easy, and it comes with a range of emotions. Navigating the legal divorce process in Illinois can be overwhelming and financially challenging. Taking the right steps to protect yourself and begin rebuilding your life is essential.

Update Legal Documents and Accounts

After divorce, reviewing and updating your legal documents to reflect your new circumstances is crucial. This includes revising your will, trust, power of attorney, and other estate planning documents. Similarly, update beneficiary designations on life insurance policies, retirement accounts, and other financial assets to ensure they align with your post-divorce intentions.

Assess Your Finances

Divorce can have a significant impact on your financial situation. Start by creating a comprehensive budget that reflects your current income and expenses. Consider seeking the assistance of a financial planner to help you manage your finances effectively and plan for the future. Take stock of your assets and debts, and make necessary adjustments to your financial accounts and credit cards.

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 Posted on June 19,2023 in Life After Divorce

Dealing with a divorce can be a tough emotional journey, which may take some time to heal and come out of. Although there is no fixed duration for the healing process, knowing the legal aspects and possible emotional effects can be helpful. This blog post will discuss various factors impacting the recovery timeline following a divorce in Illinois.

The Legal Process: Timeframe and Considerations

The length of the divorce legal process can differ based on the intricacy of the case. In Illinois, a minimum of six months is required for a divorce to be granted by the court, starting from the day the divorce petition is filed until the final divorce decree is authorized. The timeline of the legal process for divorce can be prolonged due to factors like child custody arrangements, property division, and spousal support. To ensure your rights are safeguarded, and the process is carried out smoothly, it is crucial to seek the guidance of an experienced family law attorney.

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 Posted on June 14,2023 in Divorce

Divorce proceedings in Illinois can be a challenging and daunting experience. Sometimes people need more time to think about their decisions and whether they want to try reconciling. In such cases, it is possible to temporarily postpone a divorce. This post will explain the legal process and conditions for delaying a divorce in Illinois.

Filing for Divorce in Illinois

To initiate a divorce, one spouse must file a petition for dissolution of marriage with the appropriate circuit court in the county where either spouse resides. The petition formally requests to terminate the marriage and outlines the desired outcomes regarding property division, child custody, support, and other relevant matters.

Legal Grounds for Delaying a Divorce

In Illinois, there are various legal reasons why a divorce may be postponed. According to the regulation, the period of reconciliation can take up to a year, although some judges may only permit six months. Even after the completion of discovery and temporary motions, the trial date for a divorce could be postponed for months, depending on the court’s case schedule.

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 Posted on June 01,2023 in Infidelity

When a spouse cheats, it can be very damaging to a marriage. It causes emotional pain and can make it hard to trust again. Some people may wonder if they can take legal action against their unfaithful spouse in Illinois. This blog post discusses the possibility of suing a cheating spouse in Illinois, providing information about the legal system and things to consider if you are dealing with this situation.

Understanding Illinois Divorce Laws

Illinois is a no-fault divorce state, meaning the court does not require a spouse to prove fault or misconduct to grant a divorce. Courts focus on the irretrievable breakdown of the marriage, rather than assigning blame for the failure. This approach is aimed at promoting amicable resolutions and efficient proceedings while protecting the parties involved, especially when children are part of the equation. In other words, infidelity alone is not grounds for divorce in Illinois.

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 Posted on May 31,2023 in Divorce

Divorce is a difficult and highly emotional process. It often requires making decisions that have long-term financial, legal, and social consequences. When going through the divorce proceedings in Illinois, there are numerous mistakes you should avoid to ensure the best outcome for yourself and your family. This article will discuss common mistakes to avoid during an Illinois divorce proceeding.

Letting Emotions Get in the Way

Although divorce is a highly emotional process, controlling your emotions during the legal procedures is crucial. Your emotions can hinder rational judgment and push you towards decisions that might not be favorable for you. To ensure the best outcome, it is critical to concentrate on the matters at hand and collaborate with your lawyer to build a plan grounded on facts rather than feelings.

Failing to Understand Your Financial Situation

Divorce can significantly impact your finances, so it is essential to clearly understand your financial situation before and during the divorce proceedings. This includes understanding your assets, debts, income, and expenses. Not knowing your financial circumstances can result in a settlement, not in your favor.

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 Posted on May 29,2023 in Collaborative Law

It is not only the choice to end your marriage that will be difficult; there will also be other challenging decisions to make during the divorce proceedings. One of the most critical choices you’ll need to make is if to go for mediation or litigation for your Illinois divorce. While both processes can help resolve, each has pros and cons that must be weighed. This article will discuss the critical differences between mediation and litigation so that you can decide which is suitable for your situation.

Mediation in Illinois Divorce Cases

Mediation is a voluntary process where a neutral third-party mediator helps the parties reach mutually agreeable solutions to their divorce issues. It can be a more cost-effective and efficient alternative to litigation, but both parties must agree to participate.

Mediation is suitable for couples who prefer working together to resolve their issues and want to avoid the costs and duration of litigation. Some divorce cases in Illinois require mediation, mainly if there is a dispute over child custody. The court can mandate mediation before a trial for parties involved in such cases.

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