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1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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Kendall, County Family Law Divorce AttorneyFor many people, going through a divorce is a bittersweet experience. However, going through a divorce is also an experience that requires a good deal of level-headed decision-making, which does not always go hand-in-hand with times of stress. While there are many ways to get a divorce, one of the biggest decisions you will have to make is whether or not you hire a lawyer to assist you with your divorce process. Some people are attracted to the extremely low price tag of a “do-it-yourself” or “DIY” divorce, as the only fees you pay are filing fees and court costs. However, getting a divorce is a very complex process and the decisions you make can end up affecting nearly every part of your life.

Pertinent Reasons to Work With a Divorce Attorney

Technically, you are not required to have a lawyer when you file for divorce. It is completely legal for you to fill the forms out yourselves, file them, and appear before the judge in the final prove-up just the two of you. However, doing so could result in one of the biggest mistakes of your life. Hiring an attorney when you get a divorce is a smart move in protecting your rights and ensuring the process is done correctly. Here are a few other benefits to having the support of an attorney during your divorce:

  • They are intimately familiar with family law and can help you protect your rights during the divorce process.

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Batavia divorce attorney property division

In any divorce, dividing the marital assets can be a stressful process. Many spouses focus on the large and obvious assets, such as the marital home or the vehicles. Couples may forget that there are numerous other assets that should be considered when coming to an agreement on property division, including bank accounts, investment accounts, retirement funds, and even everything that you own inside your home. Property division can be complicated, but things can become even more complicated when a business is involved. If you are getting a divorce and you are a business owner in Illinois, it is important that you speak with an Illinois divorce attorney about your case.

Considerations to Keep in Mind About Divorce and Your Business

When you are a small business owner, your business is likely one of the most important and valuable assets that you own. As such, you are going to want to be sure that you do everything in your power to ensure a fair distribution of the business. There are also certain things that you should keep in mind about the structure of your business and how day-to-day operations will be run after your divorce is final. Here are a few tips to keep in mind when divorcing as a business owner:

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DuPage County high-conflict divorce attorneyFor some couples, the idea of a peaceful divorce is laughable. Divorce can bring out the worst in people and can cause them to do things and act in ways that are unlike themselves. In some situations, divorce can exacerbate a person’s behavior and cause him or her to become even more combative and argumentative, typically at no surprise to the soon-to-be ex-spouse. Emotions can get out of control during a divorce, making the entire process more difficult and stressful than it needs to be for everyone involved. If you know that your spouse will be combative during your divorce, there are a few things you can do to survive your high-conflict divorce:

Distance Yourself From Your Spouse

High-conflict people thrive off of arguments and getting a rise out of others. The best thing to do when you realize that your spouse is going to be antagonistic, manipulative, or argumentative during your divorce is to try to create as much distance between the two of you as possible. You should do this by minimizing contact with him or her unless you absolutely need to discuss an important matter. If you must communicate with each other, remember that it is not worth your time or effort to argue.

Record Everything You Can

A high-conflict spouse will often try to use your own words against you or manipulate you. If you have to talk with your spouse, you should try to do so via text or email. Both of those options give you the ability to have a transcript of exactly what was said during the conversation. If you have proof of what the exchange entailed, your spouse cannot twist it to benefit him or herself or try to lie about you saying something that you did not say.

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Illinois divorce attorney, Illinois family lawyer, Illinois child support lawyer,There were an estimated 27.9 small businesses in the United States in 2010. Owning a business can be a very rewarding and fulfilling experience, but it can also be scary if you get a divorce. Typically in Illinois divorces, the two spouses must split their assets according to Illinois’ equitable division guidelines. This does not necessarily mean that each spouse will get half of the marital assets, but it does mean that the judge will determine what is equitable. The only things that are subject to division are those that are considered marital property. Your business may or may not be considered marital property and figuring that out is your first step in protecting your business from your spouse. Here are a few ways you can protect your business and keep it in your control during your divorce:

Get Your Business Valued

One of the first things you will want to do is to find out how much your business is worth. This can be accomplished by using a court-appointed valuation expert who is required to be unbiased when coming up with a value to assign to your business. It is still a good idea to hire an outside valuation specialist to make sure your result is in line with the court’s result.

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Illinois divorce attorney, Illinois family lawyer, Illinois parenting time and responsibilities lawyer,Divorce brings with it a plethora of things that you must settle before you can finalize your divorce. Just one of the many things involved in a divorce is property division. When you are married, you and your spouse share almost every aspect of your lives together. Though this makes your life easier while you are together, it can make for a tough time when you get a divorce. Property division can often turn even the most peaceful of divorces into screaming matches. Here are a couple of things that you should know about Illinois property division before you settle your divorce:

Illinois Is an “Equitable Division” State

In the state of Illinois, property division is divvied up in a way that is equitable, rather than equal. This means that all factors will be looked at before determining which spouse gets which property. This also means that property division will not always be 50/50. If the judge feels that one spouse should receive more property than the other, then he can award that spouse more.

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Illinois divorce attorney, Illinois family lawyer, Illinois parenting time and responsibilities lawyer,You would not think so, but some divorces are amicable and calm, mostly because the divorce was not contested and both spouses were in agreement about issues pertaining to the divorce. Though that is the perfect idea of a divorce, we do not live in a perfect world and more often than not, there is some sort of fighting and disagreement during the divorce process. In severe cases, the divorcing couple cannot stand to be in the same room as each other, making for a very high-conflict divorce. If you are experiencing a high-conflict divorce, here are a few tips you can use to help you cope.

Create Boundaries

The first step in dealing with a high-conflict spouse and a high-conflict divorce is setting boundaries for the new relationship you will have. Whether these boundaries are with your co-parenting relationship, the communication between the two of you or any other issue, boundaries are essential. Create them and stick to them.

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Illinois divorce attorney, Illinois family lawyer,Divorce is already stressful enough for the entire family. When you are dealing with a spouse who has it out for you, it can become even more difficult and it can make dealing with even the smallest issues a lengthy process. Adding children into the mix makes everything even more difficult, especially when your spouse insists on settling things in the courtroom when they could just as easily be settled outside of the courtroom. Dealing with a toxic spouse is emotionally draining, so here are a few tricks you can use to cope with your spouse during your divorce:

Make Sure You Document Everything

When it comes to toxic spouses, they will often bend the truth, change what they said previously or lie altogether. Do not allow your spouse to make you rethink events that happened in the past. You should not have to question your own memories, so making sure you document everything is key. If you communicate about something important, make sure you either record the conversation or get it in writing, that way you have hard evidence of the conversation that actually took place.

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,Getting a divorce makes many things in your life far more complex than usual. Your children’s living arrangements become more complicated, managing your time becomes harder and even having your work life and home life balanced becomes more difficult. One of the things that can be the root of much stress is your finances and if you are not careful, your divorce can wreak havoc on them. If you are getting ready to file for divorce or you are currently in the process of a divorce, these four tips can help you keep your finances organized and simple:

Close Your Joint Accounts

Once you have filed for divorce, you should make sure you close your joint accounts, whether they are checking accounts, savings accounts or credit accounts. By splitting the amounts of both your checking and savings accounts, you can begin the separation process for marital property. You should also make sure to close your joint credit accounts so you do not rack up any more marital debt.

Open New, Separate Accounts

Next, you should open separate accounts that have your name on them only. It’s important that you remove your name from your spouse’s accounts or you remove your spouse’s name from your accounts. New checking, savings and credit accounts should be opened as soon as possible.

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Posted on in Uncategorized

The marriage only lasted five years, but the divorce has just surpassed the 10 year mark. The case has already produced almost 600 motions and rulings – and there’s no end in sight.

This  long divorce and child custody case is playing out in a Connecticut family court between David Zilkha, a former investment advisor, and his ex-wife, Karen Kaiser. It began on August, 13, 2003, when Kaiser filed the action against Zilkha, saying the marriage had “broken down irretrievably.” The divorce was granted in May 2005, but the battle has continued to wage between the two over child custody issues involving the couple’s 12-year-old twin son and daughter and legal fees.

KerryZilkha is a British citizen and now lives in London. He hasn’t seen the children in four years, and accuses Kaiser of repeatedly lying to the court about him and alienating the children from him. A court ordered mental evaluation allegedly determined that the father has such a severe narcissistic personality disorder that he shouldn't be allowed to see the children. Kaiser says he can see the children under supervised visitation but he refuses. He claims that it would cost him $5,000 per visit.

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In Illinois, a divorce decree will detail how the property will be divided between the couple. The Illinois Marriage and Dissolution of Marriage Act contains specific guidance in this regard.

RigsIn amicable divorces, the parties may be able to reach an out-of-court settlement. This is a practical approach to the division of marital property and avoids expensive litigation. If the parties are able to reach an agreement, the attorneys will draft a marital settlement agreement detailing the property distribution. The marital settlement agreement will cover both personal and real property. Once both parties sign off on the agreement, the attorneys will then present it to the judge. The judge will approve the agreement if it finds it not to be unconscionable.

If the parties cannot agree to an amicable distribution, the attorneys will have to appear in front of the judge and argue regarding the best way for dividing the property. Once the attorneys present the evidence, the judge has to determine which assets constitute marital property. Illinois defines marital property as all property acquired by either spouse subsequent to the marriage. Excluded from this definition are the following:

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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