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Tag Archives: separation

Illinois domestic violence lawyersAbusive partners have always used methods of control against their victims, but with the latest advancements in technology, they have more tools at their disposal. The abuse of “smart home” devices and cell phones are just two examples that are cropping up in divorces around the nation. Thankfully, victims can protect themselves from a technologically savvy abusive spouse. Learn more in the following sections, including how a seasoned Illinois divorce lawyer can provide victims yet another layer of protection while they are seeking a divorce or separation. 

Abuse Using “Smart Homes” and Other Advanced Technology

While technology abuse may not seem like much of a threat, the truth is that perpetrators are using advanced devices like smart home systems to make the lives of their victims unbearable. For example, they may remotely turn the lights off and on, or they may turn up the heater to an unbearable temperature. Unfortunately, when victims try to explain the abuse, law enforcement and other officials may dismiss their claims as “crazy” or petty.

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Common Causes of Divorce

Former spouses may find it difficult to put their finger on a specific event that foreshadowed the end of their marriage. Yet for others, changes in their lives can be easily identified. Common developments that can prompt the breakdown of a marriage include job loss, childbirth, living apart, trauma, illness, children leaving the home and infidelity.

Reasons for Separating

Changes to a spouse’s job, especially layoffs or severe reductions of hours or pay, are a common factor in the deterioration of marriages. Studies show that unemployed spouses are more likely to leave or be left by the other spouse. Understandably, the loss of a job by one or both partners in a marriage can cause stress about finances and can easily translate into marital dissatisfaction. Changes to work schedules can impact how couples spend time together, de-prioritizing a marriage in order to focus on work responsibilities can cause in isolation and resentment between spouses.

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living apart, Illinois family law attorneyIn Illinois, a divorce marks the legal end of a marriage. Both former spouses are able to marry others. During divorce proceedings, a court can decide on issues such as custody, visitation, and support of children, as well as how to divide marital property and whether one spouse must pay alimony to the other.

On the other hand, a legal separation is not the end of a marriage. Spouses are not free to marry others, but a court can issue an order regarding child custody, visitation, and support, as well as alimony. The marital property of a separated couple cannot be divided by a court, unless both parties agree to have a judge decide how shared property should be distributed. Many couples opt for a legal separation if they know that they cannot live with each other, but are not ready to take the step of filing for divorce.

Legal separation is different than just living apart. If spouses are living apart, but have not gotten a judge involved by filing for separation, issues of child or spousal support will not be decided, unless you both agree on a course of action.

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marital homeUsually, when a couple decides to divorce, one of them leaves the marital home they previously shared. However, there are times when one spouse will refuse to leave the home despite the other’s demands. In that case, the spouse requesting that the other party leave may be forced to employ Illinois law in order to have their wishes granted.

 Illinois Law

Under certain circumstances, one spouse can force another to leave the marital home. Whether one spouse can force the other out of the marital home will depend on the specific facts of the situation, and if they can prove the necessary elements before the court. Under Illinois law, one spouse can secure exclusive possession of the marital home in two different ways.

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It is very common for families to delay taking steps of separation slower, or stopping them completely, until after the holiday season is over. For many couples, separation includes worrying about their children being affected by the family breaking apart. The first few steps are the hardest to take, and many couples hope that time together with their family will provide an opportunity to rethink such big decisions. Adding to the stress of separation, is the overspending of the season that most people surrender to every year. Financial realities get set aside for a few months. Come January, credit card statements will resurface and the tensions and worries, for those already confused as to how to restructure financially if they separate, resurface as well. Some ideas to take into consideration over the holidays to prepare for the separation include:
  • Taking part in activities with the family that are free of cost, like ice skating or winter walks through festive areas of your town or city.
  • Create new traditions for the season, traditions that can be easily carried out the following year in two households instead of one.
  • Take a small step and look into mediation or collaborative practice before the holidays, so you have a better idea what it is about.
  • Set an example of good communication between you and your spouse in front of your children. When you tell them about the separation, you can talk about the holidays as a time when you were considering the separation and it will help them see that you and your spouse will still be able to talk to each other.
  • Try to have a productive conversation about budgeting for the holidays. If you are using joint credit cards, it will be easier to agree on who will be responsible for costs when you are planning a purchase.
  • Begin to collect financial documents like credit card and bank statements, investment and RRSP statements, mortgage and property tax statements, etc. Prepare files so that each of you will have what you need after the separation.
  • You should also check your credit rating. This way, you will have the same information as the bank when you start to renegotiate lines of credit or changes to your accounts and mortgage.
  • Be sure to find time to research your options. This includes the cost of alternate accommodation in your area, local mortgage brokers, and local real estate agents.
Most importantly, your involvement in your separation and divorce is the biggest factor in reaching an outcome that works for everyone. Start preparing you and your family for what will come after the holiday season. For more help, contact an Illinois family law attorney in Wheaton and Warrenville. The Davi Law Group can help you work through your separation this holiday season.
Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
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
Phone630-580-6373
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, Suite 102,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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