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Tag Archives: DuPage County divorce lawyer

Wheaton divorce attorneyAlthough we usually think of marriage as a romantic union, it is also a financial union. When a couple marries, they combine their property, expenses, and debts. Undoing this financial fusion during divorce can quickly become complex. If you are getting divorced, you may have concerns about what property is rightfully yours and what belongs to your soon-to-be-ex-spouse. Read on to learn about how property is divided in an Illinois divorce and what to do if you need legal guidance during your split.

Illinois is an Equitable Distribution State

When a couple divorces, they have the option of making their own decisions about what property should go to which spouse. However, when divorcing spouses cannot agree to a property distribution arrangement, the court must intervene.

Unlike certain other states, Illinois does not simply split marital property in half and assign 50 percent of the value of the marital estate to each spouse. Instead, Illinois follows equitable distribution laws. According to equitable distribution, marital property is divided equitably, or fairly, depending on the spouses’ financial and life circumstances. Things like each spouse’s income, property, health, future earning capacity, and financial needs are taken into consideration. Before marital property can be divided, the court must determine what property is marital property and eligible for division and what property is separate property which is not divided.

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Wheaton divorce lawyersGetting a divorce can be one of the most stressful life events a person may experience. Not only does a person getting divorced have to deal with the financial and legal implications of ending their marriage, they also must deal with the emotional and mental implications. If you are considering getting divorced or have already decided to end your marriage, you may feel totally overwhelmed and lost. These types of feelings, while distressing, are completely normal. Fortunately, there are many things which mental health experts say can help ease the pain of divorce.

Take Care of Your Health First and Foremost

A lot of people take care of everyone else around them before taking care of themselves. While this type of generosity is often seen as a good thing, being too generous with your time and emotional energy can result in burnout. While going through a divorce, it is advised that you be a little more selfish than you normally would be. Take time to relax and unwind in the ways that are meaningful to you. Medical professionals also encourage anyone going through a stressful life event to make sure they are staying hydrated, eating healthy foods, getting at least some exercise, and sleeping at least 7-8 hours a night.

Do Not Be Afraid to Ask for Help

If you are an especially independent or private person, it can be challenging to reach out to others for help during a demanding time in life. However, experts say that reaching out to others during a break-up or divorce is one of the best things you can do for your mental wellbeing. Even if you do not feel like divulging all of the details of the divorce to others, simply spending time with friends and family can help you gain a sense of normality and calm. Some people find that a divorce support group or spiritual organization can be a great help as well.

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DuPage County divorce lawyersMarriages end in many different ways. Sometimes both spouses know that they no longer wish to be married and make the joint decision to get a divorce. Other times, one spouse announces that they want a divorce to the complete shock and dismay of the other spouse. Perhaps most commonly, a couple knows that their marriage is not doing well for months or even years before taking legal action. Both spouses hesitate to make the first move legally because they are unsure of how to even begin. They may try to hold on as long as possible before making the move to file for divorce. If you are considering divorce, you may wonder if it matters who actually files for divorce first. The answer is not simple, and there are a few factors to consider.

The Advantages of Filing First

It is important to understand that there are no real legal benefits to filing for divorce before your spouse does. During the proceedings, both you and your spouse will be subject to the same standards and have equal opportunities to make your cases to the court.

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Wheaton divorce attorneyWhen you and your spouse make the decision to get a divorce, your assets must be valued in order to determine a fair split of the property you accumulated during the marriage. One of the most complex valuations you will experience is the appraisal of any business you own together. Business valuations can quickly grow contentious and accusatory, and having the right attorney on your side may make the difference between an equitable settlement and a long drawn-out battle.

Potential Points of Contention

Unless there is a prenuptial agreement governing the distribution of the business shares, a business that is determined to be a marital asset is subject to division during a divorce. When a couple has worked in the same business, it can be quite difficult to tell what effect each person has had on the company as opposed to their collective effort. One of the most common problems encountered in business valuations is the perception of each spouse and how it may radically differ. For example, one spouse may look at the business and see the worst-case scenario, while the other may see only growth. It tends to depend on who is leaving and who is staying.

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DuPage County family lawyersSometimes, cases do not work out exactly the way we think they will. You may not receive the full amount of maintenance or child support that you were seeking, or you might not receive the parenting time you desired. While some decisions cannot be challenged, many if not most can be appealed or petitions may be filed to request reconsideration. In short, in most cases, all is not lost if you receive a denial or other unsatisfactory result.

Appeals and Motions

There are two primary methods through which a request to reconsider may be filed in Illinois. Which one you should use depends on the nature of the perceived problem with your case. If you believe that the judge made an error of law, and your attorney raised the proper objection at the proper time, it is appropriate to file an appeal. The Illinois Supreme Court Rules govern the relevant procedure, and the requirements are strict. You must file your appeal within 30 days of the final judgment’s entry (or the entry of the relevant order, in some situations), and the record is restricted to questions of law. You may not simply re-litigate your case in a new courtroom.

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250 W. River Drive, Unit 2A
St. Charles, IL 60174
630-665-7300
Evening and weekend hours by appointment.

From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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