Blog

Category Archives: Kane County Blog

b2ap3_thumbnail_divorce-costs-money-cash-broken-heart.jpgIn many divorce cases, finances are a major cause of contention. Depending on the complexity of a couple’s circumstances, the divorce process itself can be very expensive. In addition, divorce requires the marital estate, including all marital assets and debts, to be allocated between the parties.

When property division is left to the discretion of the court, Illinois law requires an equitable—not necessarily equal—allocation based on the consideration of a number of factors. These factors normally include the income and resources of each spouse, the contributions of each to the marital estate, and arrangements made for any children. The court must also consider claims of dissipation, or the inappropriate spending of marital assets by one spouse for purposes unrelated to the marriage. But are attorneys’ fees and other expenses of divorce considered “unrelated to the marriage?”

Unclear Statutory Guidance

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) gives the court presiding over a divorce case the authority to order one spouse to contribute toward the payment of attorney fees and related expenses of the other party. The court also has the discretion to order the repayment of dissipated assets to the marital estate by the offending spouse. However, the possibility of considering attorney fees and other divorce expenses as dissipation may not seem to be clearly addressed in the law. Thus, the court may rely on precedents set in previous decisions in making its determination.

...
Continue reading

Kane County divorce attorneysThe decision to end a marriage through divorce is not a decision anyone takes lightly. If you are pregnant and in a marriage which you believe is irretrievable, you may be considering divorce. Getting a divorce while expecting a child can be challenging. Depending on your unique situation, it may be best to stay married until after the birth of your child while in other circumstances, divorcing while pregnant might be the better option. Whether your spouse is the parent of your expectant child or the pregnancy is a result of infidelity, divorce during pregnancy can become very complicated from a legal perspective.

Illinois No Longer Requires Fault Grounds for Divorce

Expecting a child cannot disallow a woman from filing for divorce. In the state of Illinois, you also do not have to prove any reason for wanting to end your marriage. The so-called “fault grounds” for divorce in Illinois have been eliminated in favor of one option: "irreconcilable differences.” Presently in Illinois, to be granted a divorce, you must only prove that:

  • Irreconcilable differences have caused the irreparable breakdown of the marriage;
  • Previous efforts at resolution have failed, and
  • Future efforts at reconciliation would not be in the best interests of the family.

In Illinois, a Woman’s Husband is Assumed to Be the Father

Illinois law provides that a woman’s husband is presumed to be the legal father of any children she conceives while married. This presumption of parentage also applies in same-sex marriages. A child conceived by a woman in a legal marriage will have rights to financial and medical support from the assumed parent, as well as Social Security and inheritance benefits. Furthermore, a presumed parent takes on all the legal responsibilities associated with being a parent, such as sharing child custody and providing child support.

...
Continue reading

Kane County divorce attorneysIf you and your spouse will soon be getting a divorce, you probably know that you will be expected to divide your marital property between you. While you may not know exactly how that process will end up, you may already be thinking about which spouse, if either of you, will get to keep the marital home, who will get which car, and how to split the household furniture. In the stress and confusion of the divorce proceedings, however, you may be overlooking a very important—and possibly very valuable—asset. Experts claim that retirement investment accounts are the most commonly forgotten assets in divorce cases nationwide

Retirement Savings and Plans

Before marital property can be divided, both you and your spouse should provide one another with a full accounting of all of your assets and debts, even if you think he or she already knows about them. In some cases, this may require calls to old employers inquiring about the status of employer-funded retirement programs or plans. You may learn that you have forgotten about a 401(k) plan or similar account that was opened years ago. The same may be true for your spouse, and the money in such accounts, depending on when the accounts were funded, may be considered part of the marital estate.

...
Continue reading

Kane County divorce lawyersWhen you are the one to file a divorce petition, it is up to you to decide where to file it. This means that you will select the county circuit court in which the divorce will be handled. On the other hand, if your spouse was the one to file, he or she had the opportunity to make that choice. It may come as a surprise, however, to learn that you are not automatically stuck with the decision that your soon-to-be ex-spouse made. While he or she might have gotten the ball rolling, it is your right to contest the choice of venue, but it is important to take action quickly.

What Does “Venue” Mean?

The legal term “venue” refers to the particular court in which a case is handled. At the state level, venue refers to the circuit courts of each county, and at the federal level, venue refers to specific federal district courts. As a state matter, a divorce in Illinois is handled by the circuit court of an individual county.

...
Continue reading

Kane County divorce attorneysWhen you are involved in a divorce, the process can take a serious psychological and emotional toll on you. If you have children, the effects of the divorce can be even more significant. Many children whose parents get divorced tend to struggle with the situation, and they may exhibit behavioral problems, uncontrollable emotions, and signs of anxiety or depression. Divorcing parents often wonder if the court has any power to order counseling or therapy for the children and how the costs of such services will be split. Under Illinois law, a divorce judge can order counseling for children in the midst of a divorce, and the orders will depend on the family’s situation.

Custody Evaluations

The Illinois Marriage and Dissolution of Marriage Act encourages divorcing parents to negotiate an agreement about parenting arrangements for their children. If the parents cannot reach an agreement, the court will decide on such arrangements. To help the court make a decision, it may appoint an appropriately-trained professional to evaluate the child and each parent. Evaluations often include tests, interviews, and other methods of determining what the child needs. The court also has the authority to order the payment of costs for these evaluations—if they are not done by a state agency—to be split equitably between the divorcing parties.

...
Continue reading

Contact Us

NOTE: Fields with a * indicate a required field.
*
*
*

Recent Blog Posts

Archives

1737 South Naperville Road, Suite 100
Wheaton, IL 60189
630-549-0960
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.

Make a Payment
© 2018 Mirabella, Kincaid, Frederick & Mirabella, LLC | 309 Walnut Street, Unit B, St. Charles, IL 60174 | 630-549-0960
Take me to top
OVC, INC