Blog

Category Archives: Kane County Blog

St. Charles divorce attorney division of assets

You may be surprised to find out that one in four divorces involve spouses who are over age 50. Increasingly, couples are getting divorced later in life. This so-called “gray divorce” often comes with unique challenges and complications. If you are considering divorce, one concern you may have is how the divorce will affect your retirement plans. You may question how much of the retirement account will be awarded to your spouse or worry about whether you will have the funds necessary to support yourself after you stop working.

Is My Spouse Entitled to a Portion of My Retirement Fund?

While some states divide marital property 50/50 during divorce, Illinois courts take a more nuanced approach to the division of assets. Illinois follows a legal doctrine called “equitable division,” which means that marital property is divided equitably based on each spouse’s financial circumstances, health, and needs. Only marital property, or all property acquired during the marriage, is divided during a divorce. The nonmarital property, or property accumulated before the marriage, is assigned to the original owner. Typically, the portion of a retirement account that was acquired during the marriage is subject to division while the portion of the retirement account that a spouse earned before getting married is not subject to division.

...
Continue reading

St. Charles divorce attorney mediation

Before you and your spouse are granted a divorce you will need to try and reach an agreement about the division of marital assets, allocation of parenting time, spousal maintenance, and other divorce matters. Resolving these issues can be a very difficult process – especially if you and your spouse do not see eye to eye. If you cannot reach an agreement about these issues on your own, one option that may help is family law mediation. The mediation process has helped countless divorcing spouses settle divorce issues so they can avoid courtroom litigation.  

What Does Divorce Mediation Entail?

Understandably, many spouses struggle to discuss divorce issues without letting emotions get in the way. Having a neutral third party who is trained in conflict resolution present throughout the process can be a huge benefit. During divorce mediation, a divorcing couple meets with a specially trained mediator to discuss and negotiate unresolved divorce issues. The mediator’s job is to facilitate productive conversations so spouses can find solutions that work for both of them.

...
Continue reading

Kane County divorce lawyer pregnancy paternityCountless issues can complicate the already complex legal process of ending a marriage. One of these complicating factors is pregnancy. If you or your soon-to-be ex-spouse is pregnant, and you plan to divorce, you probably have many questions and concerns. You may wonder how parental responsibilities and parenting time will be determined, or you may have worries about child support. Getting a divorce while a spouse is pregnant is possible under Illinois law, but it can be challenging both personally and legally.

Establishing Paternity of Your New Child

Paternity refers to the legal relationship between a father and a child. Illinois law presumes that when a married woman has a child, her husband is the child’s biological and legal father. The father does not need to take any additional steps to establish paternity. This is also true if the baby was conceived while the couple was married but is born after their marriage is dissolved. A father who has established paternity has the right to parenting time and may also have certain obligations, such as child support payments. 

If a woman conceives a child during her marriage, but her husband is not the child’s biological father, the situation becomes more complicated. The presumed father may need to terminate his parental rights so that the biological father can establish his own parental rights. In some cases, a DNA paternity test may be needed to verify the biological relationship between the child and the father.

...
Continue reading

Kane County family law attorneysIt is no secret that ending a marriage can be messy. In many cases, it can be downright nasty, with acrimony and contentiousness that can linger for many years after the divorce is finalized. Of course, there is no requirement that your divorce must follow such a path. The law in Illinois, in fact, explicitly encourages just the opposite. A cooperative, negotiated divorce is almost always preferable to fiercely litigated dissolution, and can help pave the way for a more civil post-divorce relationship between you and your ex-spouse.

Cooperation Encourages Compliance

If you were to step back and objectively assess yourself, are you likely to do something just because you were told to do it? While you may be able to follow orders, you are probably much more willing to do so if you had a role in creating them. An amicable divorce offers the opportunity for you and your spouse to do just that. Together, you can create a workable agreement that addresses whatever concerns each of you may have. Long-term compliance may be significantly improved if you both feel that you were an important part of the settlement.

Setting a Good Example

As challenging as it may be to work in close collaboration with your soon-to-be ex-spouse, consider how your children may be affected by the divorce process. Of course, you and your spouse will have difficult personal issues to work through, but your children can learn a great deal about resolving differences in a cooperative and civil manner. It is important for your children to know that disagreement is possible in a manner that still maintains civility and respect for the other party. Your commitment to cooperation can also lead to your children being more willing to adapt to the upcoming changes, as they start to share your positive outlook.

...
Continue reading

Kane County family law attorneysIf you are a parent residing in Illinois and you are planning to divorce, you and your child’s other parent will need to make decisions about the allocation of parental responsibilities and parenting time. You will have 120 days after you file for divorce to file a proposed parenting plan. If you and your spouse cannot agree on the terms of the plan, the court may need to intervene. There are a number of considerations the parenting plan must contain including decisions about when the child will spend time with each parent, each parent’s decision-making authority, and more.

Required Parenting Plan Elements

Parents are encouraged to make as many parenting decisions in advance as possible. The more issues parents work out during the creation of the parenting plan, the less likely they will experience conflict during their post-divorce co-parenting relationship.

Although you may choose to add additional items in your parenting plan, the required elements include:

...
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
© 2020 Mirabella, Kincaid, Frederick & Mirabella, LLC | 250 W. River Drive, Unit 2A, St. Charles, IL 60174 | 630-549-0960
Take me to top
OVC, INC
Contact Us
Contact Us

In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree