Category Archives: Kane County Blog

Kane County divorce lawyersIllinois is a state that utilizes the equitable distribution theory of asset division when a couple is divorcing. This means that any assets acquired during the marriage will be divided fairly between the parties, based on a number of factors like future earning potential. However, what many forget is that this is true for marital debts as well. If a debt is incurred during the marriage and classified as marital, the responsibility to repay it may be divided between the parties.

Defining Marital Debts

Not every debt incurred during your marriage will automatically be classified as marital. If you incur a debt related to a non-marital asset, such as a loan related to a non-marital business, it could be held to be a non-marital debt. So, for example, if you purchase a second automobile with income generated from a non-marital business, sign a loan as an individual, and do not list your spouse on the title or the insurance, it is, in theory, a non-marital asset and the loan used to finance it is a non-marital debt.

Continue reading

Kane County family law attorneysPrenuptial agreements, also called “prenups” or premarital arrangements, are legal contracts that establish the property and financial rights of each spouse should a marriage end in divorce. Prenuptial agreements are a somewhat controversial topic for a number of reasons. Some individuals believe that prenups are only necessary for celebrity weddings or for those people who do not plan on being married for the rest of their lives. They think, why plan for a divorce before the marriage has even begun?

In reality, prenuptial agreements are one of the most responsible things you can do to protect your financial interests. Signing one does not mean that you think the marriage is doomed to fail. Consider it a different way; if you own a car, you must have car insurance. This does not mean that you believe you will crash the car or get into an accident. You are simply planning for the worst while hoping for the best. When it comes to prenuptial agreements, the old adage “better safe than sorry” holds true.

Deciding You Want a Prenup

Continue reading

Kane County family law attorneyThe lazy days of summer are coming to an end, and many families are preparing for a new school year. Getting back into the swing of school after summer break can be especially chaotic for families who have experienced a major change like a divorce or separation. Who will buy the backpacks? Who will pick up the kids after school? How will parent-teacher communication work? Every situation is different but there are some steps parents can take to help ease the transition from summer to the school year.

  1. Let your child’s teacher know about the family circumstances. If you and your ex have recently separated, you may be unsure how to make sure both parents stay in the loop regarding homework, projects, and special events. Letting the teacher know that your child splits his time between two households helps the teacher accommodate the situation. Make sure the school has both parents’ contact information. Also let the school know if any other adults like step-parents will be picking up the kids after school;
  2. Cooperate with your ex. After a separation, your ex is probably the last person you want to talk to or be around. However, if you share children you will have to communicate about transportation, school vacations, and purchasing school supplies. If there is a lot of tension between you and your ex-spouse, texting or email may be better than face-to-face conversations or phone calls;
  3. Be willing to split costs. Many divorced parents decide to split the costs of school supplies or fees. Decide who will buy what in advance so that your child will be prepared and ready to learn on the first day. Keep in mind that having duplicates of certain items is not a bad thing, especially if your child will be working on school projects and homework in two homes;
  4. Attend parent-teacher conferences and meetings together. Even though you and your ex are no longer together, you are still your child’s parents. Attending meetings together ensures that you are both on the same page about your child’s performance in school. Going together also sets an example of teamwork for your child; and
  5. Use a shared calendar to organize transportation. There are many apps and programs that parents can use to assign drop-off and pick-ups. Apple Calendar and Google Calendar both have a sharing function. Other family-planning apps include Cozi, Two Houses, and OurFamilyWizard are available for mobile devices.

An Attorney Can Provide Guidance

Your family’s transition from summer to school probably will not go perfectly—but that is understandable. Hopefully, with a little flexibility and teamwork you and your child will have a fun and successful school year.

Continue reading

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

Continue reading

Kane County child support attorneysMajor revisions have been approved to the way that child support is calculated by courts in Illinois. The topic has been the center of debate for a number of years, and many believe the change is long overdue. Effecitve July 1, 2017, there is an entirely new method of determining how much a supporting parent is required to pay.

What Is New About the Law?

The law, which took effect on July 1, amends the existing “percentage of obligor’s net income” methodology for child support calculations. Critics have long maintained that such a model is too static, one-sided, and outdated. Under the new law, Illinois will begin using the “income shares” model that is presently in use in many other states.

Continue reading

Contact Us

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

Make a Payment
© 2019 Mirabella, Kincaid, Frederick & Mirabella, LLC | 250 W. River Drive, Unit 2A, St. Charles, IL 60174 | 630-549-0960
Take me to top