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

630-409-8184

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

Yorkville Office By Appointment

Initial Consultations via ZOOM Available

Subscribe to this list via RSS Blog posts tagged in Yorkville divorce lawyer

DuPage County division of assets lawyerMany people who get a divorce state that finances were the reason or at least played some part in the breakdown of the marriage. For those couples--and many other couples--the stress of money does not stop there. Many divorces are also quite contentious and filled with anxiety over the couple’s financial issues. Most couples have their assets intermingled in some way, and when they get divorced, they have to figure out how to separate them. Below are a few common financial issues that divorcing couples face and how best to deal with them.

Assessing Your Assets

Not all assets were created equally. Before you begin to do anything involving your finances, you need to understand them. Make a list of every asset you have. These can include:

  • Cash

    ...

Illinois divorce attorneyIn today’s world, there is more than one way to do almost everything, including getting a divorce. Historically, most divorces were litigated, meaning they were settled in court by a judge, rather than between the parties themselves. These days, more and more couples are choosing mediation and alternative forms of dispute resolution when it comes to divorces. One such alternative is a collaborative divorce, which brings many benefits to the table, but this type of divorce only applies to some situations. If you are considering a collaborative divorce, here are a few things you should know:

  1. You and Your Spouse Have to Agree to Settle Outside of Court

Before you even begin the divorce process, you, your spouse, and both of your attorneys must agree to settle the divorce in a respectful, honest manner outside of the traditional court system. You will create and sign a document called a Participation Agreement, and this is a legally binding contract. If you fail to settle the divorce through collaboration, you and your spouse will both have to find new counsel and go the traditional litigated route.

...

Illinois divorce attorney, Illinois family lawyer, Illinois parenting time and responsibilities lawyer,Estate planning is not something that the typical American tends to think about very often. This is especially true if you are going through a big change in your life, such as divorce.  During a divorce, you have so many things constantly on your mind, estate planning is probably at the very bottom of your list. While updating your estate planning documents does not have to be your number one priority, it should definitely still be on your list somewhere. Here are a few estate planning documents that you should have in the back of your mind to update after your divorce is finalized: Wills If you are filing for a divorce, it is best that you draft an entirely different will, if possible -- this is the easiest way to ensure your estate is not given to your ex-spouse upon your death. In the state of Illinois, a will can be revoked by physically destroying it or by having a new will drawn up stating that the prior will has been revoked. If you do not change your will, but you finalize your divorce, Illinois treats the will as if your spouse died before you did. This means you do not necessarily have to change your will, but it is a good idea to make changes as necessary. Trusts Under Illinois law, trusts are handled similarly to wills when it comes to divorce. If you named your spouse in a revocable trust or living trust, the sections containing your spouse will become invalid upon the finalization of your divorce. If you have an irrevocable trust, however, the contents of the trust will not change and are unable to be modified. Power of Attorney Finally, you will want to make sure you revoke your power of attorney as soon as possible if you named your spouse to act in your place if you are unable to do so. If you do not change your power of attorney and become unable to manage your affairs, your spouse may gain access to your assets. You will also want to be sure that you remove your spouse from your healthcare proxy if you get a divorce. Not doing so can allow your spouse to make healthcare-related decisions for you if you are unable to do so.

Contact a Kane County Divorce Attorney for Help

Whether you are in the middle of a divorce or just starting the process, estate planning is something you should keep in mind. The last thing you would want is to forget about your estate planning documents and then have an accident happen that benefitted your spouse. Aurora divorce lawyer Matthew M. Williams has worked on more than 1,000 divorce cases in court and has the knowledge to ensure you have a successful divorce. At the Law Office of Matthew M. Williams, P.C., we can help you make sure all your loose ends are tied before all is said and done. Call our office today at 630-409-8184 to schedule a consultation.

 

...

Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,Those who have gone through a divorce will tell you that it is no easy feat. In addition to all of the logistics of a divorce, it also comes with emotional worries and changes, especially to children. Children are usually flexible and good adapters, so most children are fine after a short period of reassurance from their parents. In order to ensure that your child understands the divorce and transitions to their new life, it is important that you understand how to talk to your children about the divorce. Here are five tips that might make telling your kids a bit easier:

  1. Choose the Right Time to Tell Them

Timing is everything. If you and your spouse are just fighting, do not tell your kids that you are getting a divorce because you threatened one in a fight. Kids can be sensitive about divorce, so until your divorce is finalized or close to being finalized, you should hold off on the conversation.

...

Parents have a responsibility to contribute to the financial support of their children.  Under Illinois law, divorce does not relieve a parent of parental rights and responsibilities, therefore financial support of children continues after a marriage dissolves.

As part of the divorce process, a family court will make determinations regarding child custody and whether one parent must provide the other with child support in Illinois.  Child support payments help to cover basic needs such as shelter, food, and clothing.  In some instances, child support agreements may include contributions to things such as education, medical expenses, child care, or extracurricular activities.  Once a court determines the amount of child support, it will issue a Uniform Order of Support, which sets out amounts, payment schedules, and penalties for missed payments among other things.  Talk to your attorney for help understanding child support in Illinois.

How much child support will I have to pay?

...

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.

...

Getting a divorce can be a lengthy, expensive and complicated process. Often, the parties make the process even worse through their behavior. Though this may be understandable due to the emotionally charged nature of divorces, it may cause divorce judges to punish the misbehaving spouse.

Rigs Aurora family law attorneyTake the case of Amy and Sunil, for example. After getting married and having two children, they enjoyed a comfortable life-style mainly due to Sunil earning over $400,000 per year working as a doctor. While Amy contributed to the marriage, her main role was raising the two children.

Eight years later, Amy filed for divorce in DuPage County. In her divorce petition, Amy alleged that Sunil was emotionally and physically abusive toward her and the children. While these types of allegations are not uncommon in divorces involving children, they caused the judge to appoint an independent representative for the children, and award custody to Amy, with Sunil only having supervised visits.

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

630-409-8184

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

Facebook Twitter LinkedIn
Back to Top