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In a divorce, the property division can quickly become one of the most difficult issues to resolve, especially when one spouse claims that certain money or assets should not be shared. Under Illinois law, not all property is automatically considered marital. Some assets are treated as separate or non-marital property, and they generally remain with the original owner. But proving this can be more complicated than many people expect.
If you believe that some of your money should not be divided during your divorce, it is important to understand how separate property is defined, how it can become commingled, and what kind of documentation can help you protect it. At Davi Law Group, our Wheaton, IL divorce attorney can help you do exactly that.
Under the Illinois Marriage and Dissolution of Marriage Act, separate property is generally anything acquired before the marriage or received individually during the marriage by gift or inheritance. This includes money, investments, real estate, gifts, and personal injury settlements, just to name a few. These assets are not subject to equitable distribution unless they become commingled with marital funds.
Deciding to file for divorce is one of the most difficult and personal choices a person can make. Whether your marriage has slowly unraveled or reached a sudden breaking point, preparing before you file can make a significant difference in the process ahead. Taking practical steps early on can protect your interests and reduce the emotional and financial strain of divorce.
At our family law office, we guide clients throughout DuPage County through every stage of the divorce process, beginning with thoughtful preparation. Our Wheaton, IL divorce attorney offers free consultations to help you understand your options and make informed decisions from the very beginning.
Many people feel overwhelmed by the uncertainty that comes with divorce. Taking these five proactive steps can help bring clarity and direction:
Hearing that your spouse wants a divorce can be heartbreaking, especially if you believe your marriage still has a chance. In Illinois, many people wonder whether they can stop a divorce from happening simply because they do not agree with it. Unfortunately, under Illinois law, you cannot prevent your spouse from obtaining a divorce — but you still have important rights and opportunities to protect your interests. Our Wheaton divorce lawyer can help you understand your options and how to move forward during this difficult time.
Illinois is a no-fault divorce state, which means a spouse does not need to prove that the other did something wrong to file for divorce. The only ground for divorce in Illinois is irreconcilable differences, which is a complex way of a very simple idea: The marriage has reached the point where the couple cannot repair it.
You want a fresh start after your Illinois divorce and to relocate to another city with your child. Is it allowed? Possibly, but when a parent wishes to relocate with their minor child after divorce, they must follow state guidelines to ensure the move is in the child's best interests.
An Illinois divorce attorney at Davi Law Group can assist with filing your relocation request with the family court and avoiding common pitfalls. They can also help with contesting your ex-spouse’s proposed relocation plans. We know what the judge will review to make their decision and will maximize your chances of a favorable relocation decision outcome.
Illinois law has been updated recently with new parameters that the courts consider when determining whether to approve petitions for parental relocations. The Illinois Marriage and Dissolution of Marriage Act states that a parental relocation by a parent with a minor child is:
Easily one of the most challenging aspects of divorce is the child custody process. If you separate when your children are small, much can change from the date of the initial order until your child reaches adulthood. For this reason, Illinois family courts recognize that custody modification is sometimes necessary, and your child’s preferences can be a strong consideration in the modification process. A Wheaton, IL child custody lawyer can help you file a petition and build a strong case for the changes you plan to request.
In Illinois, a child’s wishes play a crucial role in custody agreements, but the state's rules for the allocation of parental responsibilities mandate that the best interests of the child are the main priority. This means that a child’s preference, while sometimes taken into consideration, is often not weighed heavily into the final decision.
Spousal maintenance, commonly known as alimony, is money that one spouse is ordered to pay the other during or after a divorce. Maintenance is not automatic. Courts decide whether a spouse will pay it to the other, and how much it will be, based on several factors detailed below.
Do you have questions about spousal maintenance? Our dedicated Illinois family law attorneys regularly handle spousal maintenance matters and always seek the most equitable and workable solutions. We can answer all of your spousal maintenance questions during a free consultation.
Illinois courts consider whether one party should receive spousal maintenance by reviewing the factors listed in the Illinois Marriage and Dissolution of Marriage Act. Important factors include:
There are many good reasons to have a prenuptial or postnuptial agreement. Even though such an agreement is often portrayed as being "unromantic," far from implying that the marriage is doomed, it is actually a smart financial move. Couples that are marrying for a second or third time may need a prenuptial agreement even more because they may each have children from prior marriages, making financial issues more complex.
Far from being only useful for the super-rich, a well-written prenuptial agreement can offer clarity in a relationship while facilitating communication regarding financial expectations. In the state of Illinois, specific criteria must be met for a prenuptial agreement to be considered legal and binding. Because of this, it is never a good idea to prepare your own DIY prenuptial agreement. To ensure your agreement does exactly what you intend it to do, speak to a knowledgeable Wheaton, IL family law attorney.
If you are in the middle of a divorce that includes the allocation of parental responsibilities, and you have a domestic violence conviction on your record, you may wonder whether that will be a factor in parenting time decisions. You may be on the other side, with a spouse who has a domestic violence conviction, wondering whether the court will really give him or her parenting time.
A conviction for domestic violence will have at least some impact - and maybe considerable impact - on the decisions made by a judge regarding parental responsibilities and parenting time. The extent of that impact will depend on many different issues, including the facts and circumstances surrounding the conviction, how long ago the conviction occurred, and more.
Speaking to a knowledgeable Wheaton, IL, family law attorney is a good first step to determining whether a domestic violence conviction will affect the allocation of parental responsibilities. An attorney can examine all the details of the conviction and advise you on the best course of action.
Although divorce is rarely easy or simple, some divorces are much more difficult than others. When one spouse has a high-conflict personality – like narcissism – the divorce can become exponentially more difficult for the other spouse, the children, and even the divorce attorneys. While one spouse’s narcissistic behaviors are likely to be at least one component of the decision to divorce, the narcissistic spouse can make divorce just as contentious as marriage.
Narcissists have an overwhelming desire to "win," so they are unlikely to follow any divorce path that requires compromise and often do their best to drag the divorce out as long as possible. If you are married to a narcissist and are contemplating divorce, it is important that you have a Wheaton, IL, divorce lawyer who is experienced in dealing with high-conflict personalities, including narcissists. Your attorney will know what to expect from your narcissistic spouse – and how to counter every tactic in a way that benefits you.
Virtually no ex-spouse wants to pay spousal maintenance (also known as spousal support or alimony), yet there are many spouses who deserve this support. Perhaps one spouse worked two low-paying jobs to put the other spouse through medical school, law school, or another profession. Or perhaps one spouse stayed home to raise the children in lieu of career opportunities, so now has few employment options.
In other cases, one spouse may be older now or in poor health, unable to work and make a living independently. There are many good reasons for a court to award spousal support, yet Illinois courts have placed some limits on this support. If you are facing a divorce, the best step you can take is to speak to a knowledgeable Wheaton, IL family law attorney.
The Court will consider a variety of factors when determining whether spousal support should be awarded and, if so, how much and for how long. These factors include the following:
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