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Illinois family law attorney, legal issues before getting marriedMost people have overriding romantic thoughts when the idea of marriage is first discussed. While this is normal, it is also important to keep in mind that there are several legal aspects to consider before getting married. Moreover, although it may not be very romantic, many couples find it helpful to discuss these legal issues before getting married.

The Process of Marriage

A wedding and a wedding reception are the fun parts of the marriage process—a process which brings together family and friends in a celebration of the new couple. However, there are more mundane items that must be taken care of before a marriage is legally recognized. For example, a couple must fill out an application for marriage. Under Illinois law, this application must contain the following information:

  1. Personal information, including, but not limited to, each person's name, Social Security number, and date and place of birth;
  2. Whether either person was previously married, as well as any information related to the divorce from, or the death of, the former spouse;
  3. The name and address of the parents of each person; and
  4. Whether the parties are related to each other and, if so, in what way.

After a couple completes the application, they must both appear before the county clerk and pay a license fee. The clerk will issue a license to marry and a marriage certificate form. Under most circumstances, the license to marry becomes effective one day after the date of issuance. This means that a couple cannot obtain a license and get married the same day. However, a license can be made effective on the same day of issuance by court order. It is also important to note that the license expires 60 days after the date of issuance.

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divorce rate, divorce trend, divorce and economy, divorce finances, cost of divorce, DuPage County family law attorneyIn 2012, the number of individuals in the United States who filed for divorce rose for the third year in a row. All three of those years were following a major recession, perhaps indicating a link between economic improvement and the number of people seeking a divorce.

Though bad news for those who do not want a divorce, the upswing in the number of people filing for divorce could be an indicator that peoples' personal financial situations are improving—meaning, those who file for divorce now have the ability to pursue a divorce where perhaps previously poor finances would have prevented them from filing.

When the economy is in a recession, and especially when unemployment numbers are up, people tend to avoid potentially costly big life changes if they can. And it's not just the legal fees people are trying to avoid; for example, couples who want to divorce often have property that should be listed for sale. In the midst of a bad housing market, these couples might decide it simply doesn't make sense to divorce and split finances when they could wind up losing value on their property.

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 Illinois divorce lawyer, divorce, Illinois, DuPage County, marriage, divorce, family lawyer,

Perhaps you did not see a divorce coming. Perhaps you missed all the red flags, and attributed the lack of communication, intimacy problems, and petty arguments over finances to work-related stress. Perhaps you were completely blindsided by the possibility of a divorce.

Coming to terms with a pending divorce is an extremely emotional endeavor, but it's best to start preparing for reality as soon as possible. Your first line of defense should be to schedule an initial consultation with an experienced Illinois divorce attorney.

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Illinois divorce IMAGE

“Let cooler heads prevail with these men and women who work for the cause with all their hearts, with cool heads and skilled hands will master every fate” – Gustav Krupp.

Perhaps this German diplomat from the late 19th Century was onto something. In today's parlance, this phrase is known as simply: “don't lose your cool.”

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Hiding Assets During Divorce IMAGE

During the initial stages of a divorce, emotional stress levels are high, and the focus is on custody and visitation rights. Thinking about what assets exist or the value of each asset may be the last thing on a person's mind. Yet, if you're thinking about a divorce, it's very important to protect your assets by having knowledge of what assets exist and to financially plan ahead.

To complicate matters, often the income earning spouse attempts to hide assets. It could be that this effort has been ongoing over many years. This occurs because most couples have such complicated and diverse financial portfolios that a few hidden accounts here and there seem not such a big deal – but it really is. While there is nothing illegal about a spouse hiding or otherwise dissipating assets, it can have significant implications in a divorce case. For both parties, it usually means that substantial additional attorney's fees will be incurred on the efforts focused on finding the hidden money. It can also mean additional funds spent on experts such as forensic accountants. Sadly, more money is usually spent on legal fees trying to prove the dissipation of assets then may have actually been dissipation. To add fuel to this problem is the mistrust that divorcing spouses have for each other. In the end, both parties pay the price.

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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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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree