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Tag Archives: Illinois divorce lawyer

Illinois domestic violence lawyersVictims of abuse often assume that a documented history of violence will protect them and their children during and after a divorce. Sadly, this is rarely the case. Instead, abusive spouses often use their children as a way to get close to the victim again. The means and methods for doing so vary from one case to the next, but with proper advocacy and protection, victims and their children can reduce the risk of future abuse. Learn more in the following sections, including how the assistance of a seasoned divorce attorney can help to mitigate against the issues that often arise in a divorce from an abusive partner. 

Make Safety Your Primary Focus

Divorce is a complex process, with many pitfalls, but the biggest threat to victims of domestic violence is that of continued abuse. As such, the primary focus should be safety. Create a safety plan and, if necessary, obtain an order of protection. If the children are not covered under the order of protection (which is a possibility), then victims are encouraged to make child exchanges in a safe, public place (i.e. the police station). Do not engage in arguments and never agree to meet your spouse alone - not even to talk about the children. Instead, seek assistance and support from an experienced attorney. 

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DuPage County family law attorneys, annulmentsAnnulments are often thought of as a legal process you go through after using bad judgment during a trip to Las Vegas. However, an annulment is a very specific proceeding under Illinois law. The official term according to the statute is “Declaration of Invalidity of Marriage,” and it is not as available as you might think.

There are exacting requirements to qualify for the annulment process, and the rules regarding eligibility are quite strict. Therefore, if you are considering an annulment, you should discuss your circumstances with an Illinois divorce lawyer who can advise you on annulments and other available options.

Declaration of Invalidity of Marriage Versus Divorce

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DuPage County divorce lawyers, Illinois divorce lawyerDivorce can be emotionally draining and complex, but having a skilled lawyer on your side can make the experience less taxing. An Illinois divorce attorney will represent your interests in court to ensure protection of your rights under the law. Hence, your relationship with your attorney is important: Finding the right fit with a divorce lawyer is key to making the process as smooth as possible. You would not buy a car or home without conducting some research, and it is just as essential to do your homework when looking for an attorney. Consider the following factors when searching for a legal professional.

Where to Look

You may see ads on TV or online offering divorce services, but there are other resources to consider when looking for a divorce lawyer. If you have friends or family members who have been through the process, ask for a referral if those individuals were pleased with the attorney they used. Plus, you can also consult with state or local bar associations that maintain a lawyer referral service. These databases are typically organized by area of practice, so you know whether an attorney handles divorce cases.

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DuPage County family law attorneys, modifying spousal maintenanceYour circumstances can change considerably in the months and years after your divorce, especially your financial situation. The spousal maintenance arrangement ordered by the court as part of the dissolution of marriage process may not be appropriate anymore, but you do have options for amending the terms. While you should discuss the specifics for modifying spousal support with an Illinois divorce lawyer, an understanding of certain general information may prove helpful.

State Law on Spousal Maintenance Modification

The Illinois Marriage and Dissolution of Marriage Act provides that an order for spousal maintenance can be modified by showing a “substantial change in circumstances.” Both the ex-spouse receiving support and the one paying it can request a change to increase, decrease, or terminate maintenance payments. The law lists a number of factors indicating a substantial change in circumstances, including:

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valuation of a businessProperty division is often a hotly contested issue of divorce. When a family business is involved, property division becomes even more complex and often much more contested. The parties must establish what the business is actually worth and ultimately, what to do with it.

Remember that under Illinois law, property acquired during the marriage (absent property acquired by gift, inheritance, or other special circumstances) is considered marital property subject to the equitable division of the courts. Any business started by either of the parties during the marriage would therefore qualify as marital property.

Valuation of the Business

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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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