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DuPage County bankruptcy lawyersFiling for bankruptcy can relieve financial stress and give debtors a fresh, new start – but what many debtors do not realize is that the obligation to one’s creditor remains in effect until the debts are legally discharged. What is a bankruptcy discharge, when does it occur, and is there anything that debtors can do to expedite the process? The following information explains, and it describes where you can find assistance for your Illinois bankruptcy case.

What is a Bankruptcy Discharge?

A discharge in bankruptcy is a legal and permanent order that releases the debtor from any further obligation to the creditor. It also prohibits the creditor from contacting the debtor (i.e., email, phone, mail, or in-person) and they can no longer use legal actions to collect the debt (i.e., wage garnishment, intercepting tax refunds, etc.). It is important to note that discharge does not stop a creditor from repossessing or recover property with a valid lien (i.e., homes, vehicles, etc.). Some debtors may be permitted to work out an arrangement with their creditors to keep an asset. Others may be permitted to keep certain exempt assets. An experienced attorney can help determine if you may be eligible for either of these options.

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Illinois divorce lawyersFor many couples going through the divorce process, the number of factors that must be discussed as the dissolution of the marriage is handled can be overwhelming. While some partners are able to separate with little to no legal roadblocks, a majority of people experience some challenges throughout the journey. This is certainly understandable, considering the many issues that can arise when a marriage ends. Couples are faced with having to pick apart the lifestyle they have been accustomed to, and must then decide how to divide finances, living arrangements, and standing obligations with their soon-to-be ex-partner.

Is Your Divorce Contested or Uncontested?

The primary difference between a contested divorce and an uncontested divorce is how the parties respond to the dissolution of the marriage. In an uncontested divorce, both parties agree in all areas, including the division of marital property, the allocation of parental responsibilities, parenting time, and any other non-parent issues that may apply to the couple’s situation. When a divorce is contested, this means the parties disagree on one or more of these areas. Under these circumstances, the dissolution of marriage must be negotiated or litigated through mediation or in court.

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Wheaton divorce attorneysWhen people talk to their friends about the possibility of divorce, they are often encouraged to be the first to file. The reason for this is the purported advantage that petitioners hold during the process – but is this advantage even real, and if so, do you necessarily lose it if you are not the first to file? Learn more about being the first to file for divorce, including when it may be appropriate and how an experienced attorney can guide you through the process.  

Is the Advantage Real?

Although there are some circumstances in which one should be the first to file, filing first does not necessarily give one an advantage in the divorce. Both parties are considered equal in the courtroom, and it is factors that dictate decisions made by a judge, not who filed first. For example, filing first may not gain you any extra time with your children in your parenting plan. However, as previously mentioned, there are certain situations in which one really should file first – or, at the very least, the moment they realize that divorce is imminent.

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Illinois divorce attorneysAlthough litigated divorces may be necessary for some situations, those that are mediated tend to cost divorcing parties less time and money. Mediation can also reduce contention, which is often beneficial for children. What about an attorney, though? Is one still necessary when going through the mediation process, and if so, why? The following sections explain further.

Why Hire a Mediation Lawyer?

Mediations are typically guided by an experienced professional who is at least knowledgeable of the divorce laws in their state. However, this individual must remain unbiased and impartial throughout the entire mediation process, so they cannot give advice. They cannot tell you if your parenting plan is realistic or fair. They cannot tell you if you may be getting shortchanged in your divorce settlement. Quite simply, they can only guide the conversation and encourage compromise that fits within the framework of the law.

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Illinois divorce lawyersAlthough alimony is far less common than it once was, it is still a factor in divorces today. Under what circumstances is alimony awarded, and how can you tell if you may be entitled to it in your Illinois divorce case? The following information explains, and it provides you with some details on why and how the assistance of an experienced family law attorney can help.

Alimony in an Illinois Divorce

Despite the common misconception, alimony is not awarded in divorce, simply because one asks for it. Instead, there are certain factors that the courts use to determine if a party may be eligible, including:

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Warrenville Office
Address28371 Davis Parkway
Suite 103
Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road
Building A, Suite 105
Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street
Suite 900
Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street
7th Floor
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, 7th Floor,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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