Tag Archives: Kane County divorce lawyers

Kane County divorce lawyersOver the last few years, the American Association of Matrimonial Lawyers (AAML) has reported that a solid quarter of its members are seeing an uptick in disputes over the custody of a family pet during divorce proceedings. While pets are often legally classified as property, pet owners know better. They are real, genuine members of the family who give love and affection and ask for very little in return. However, if your divorce goes badly, or if both you and your spouse have strong feelings about your pet, you may wind up in a difficult battle over your furry friend.

Property Law Applied to Pets

Despite your very strong feelings on the matter, a pet is considered to be property for the purposes of a divorce proceeding. That means that the animal is subject to the agreement you and your spouse reach regarding the division of your property, unless you have established more specific provisions beforehand (such as, for example, in a prenuptial agreement). Courts do, however, recognize that the situation is somewhat unusual, as most property is not sentient nor does it have feelings.

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Kane County divorce attorneysWhen marital assets are discussed, the first things to be divided in divorce are usually homes and vehicles. There is, however, another type of asset that can arguably be more important: insurance policies of any kind, most specifically life insurance. Insurance policies can have significant payouts and can tip the balance in terms of property and asset division.

Child Support and Life Insurance

In Illinois, if you have children, it is not uncommon that a court may ask you and your spouse to maintain life insurance policies on yourselves as both a way to provide for the children in an emergency and a way to secure a child support obligation. The reasoning is not to give the former spouse a payday in the event of your death, but to ensure that your children are adequately provided for. Some former spouses hesitate to do this, but it is almost always the quickest and easiest way to ensure that your children are protected. Also, it is very often the case that the obligation to maintain life insurance results in a slight offset of child support expenses for the paying parent.

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Kane County family law attorney

Sometimes, a marriage is doomed from the beginning for one reason or another. Some couples may find a glaring incompatibility, while others discover that their marriage is void (or voidable) as a matter of law. While, in theory, any married couple can file for divorce, in some cases, it may be easier or more fulfilling to obtain a declaration of invalidity of marriage in Illinois—especially if there is a legal impediment to your marriage and not just personal differences.

Grounds to Claim Invalidity

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Kane County divorce attorneysA divorce can be extremely stressful and difficult for everyone involved. Regardless of how long the marriage lasted or whether or not there are any children involved, virtually all divorcing couples face complex legal considerations and lifestyle adjustments. When divorce decisions are left to the discretion of the court, it is common for both spouses to be somewhat disappointed in the outcome. In some cases, a spouse may even believe that the court made a mistake in interpreting or applying the law. While many people assume that a divorce decree is final, this is not always the case.

When to Appeal a Divorce Decision

In any legal matter—especially those that make to trial—at least one of the parties is going be left feeling that the outcome was unfair. A divorce is fairly unique in that most judgments represent a compromise of sorts meaning that there is no clear “winner” or “loser.” If, however, the judgment seems to favor the other party, it is understandable to experience feelings of frustration and disappointment. Simply being dissatisfied, however, is not sufficient grounds for an appeal.

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1737 South Naperville Road, Suite 100
Wheaton, IL 60189
Evening and weekend hours by appointment.

We serve clients throughout Kane County, Illinois including St. Charles, Geneva, Batavia, North Aurora, Elgin, Algonquin, Aurora, Barrington Hills, Bartlett, Big Rock, Burlington, Campton Hills, Carpentersville, East Dundee, Elburn, Hampshire, Huntley, Kaneville, Maple Park, Sleepy Hollow, Wayne, West Dundee as well as throughout DuPage County.

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