Posted on December 00,0000 in Divorce

When you are going through a divorce, there are many changes that you will notice. These can range from obvious ones -- such as your living arrangements or income -- to ones you may not necessarily think about all of the time -- like insurance. Insurance is something that you will almost always need, but it is also something people do not necessarily think about. Many people forget about insurance changes when they are going through a divorce because compared to other things you might be dealing with, it may not seem very important -- but it is. Taking care of these crucial changes to your insurance policies can save you grief and money in the long run.

Life Insurance

If you have a current life insurance policy, you may need to reevaluate the terms of the policy before you finalize the divorce. As long as there are no ongoing obligations, such as child support or spousal maintenance, you may want to think about removing your ex-spouse as a beneficiary on your insurance policy.

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 Posted on December 00,0000 in Divorce Finances

Most people have a long list of questions when they make the decision to get a divorce. By far, one of the most common questions people have before they begin the divorce process is, “How much will my divorce cost?” The answer to that question is not a simple one -- there are so many factors that can affect the price tag on your divorce. Some sources report that the cost of divorce can be as low as a couple of hundred dollars, while other sources state a divorce will cost more along the lines of tens of thousands of dollars. Here are a couple of different factors that can affect the cost of your divorce: The Type of Divorce You Choose Not surprisingly, the type of divorce you choose can determine how much you ultimately end up paying for your divorce. A do-it-yourself divorce can range from $600 to $1,800, depending on the type of service you use and where you live. Typically, the only costs associated with a DIY divorce are those that come from the service you use and the filing fees. A litigated divorce can range in cost from $15,000 for a straightforward divorce to $200,000 for a divorce that ends up going to trial. Your Divorce Attorney’s Hourly Rate and Retainer Fee If you choose to have an attorney help you with your divorce, costs between lawyers may differ. The average attorney’s fees can range from $200 to $500 per hour and most attorneys also require you to pay for a retainer before you begin. The average retainer fee ranges from $3,500 to $10,000, depending on the complexity of your case. Court Costs and Filing Fees For the most part, in Illinois, filing fees tend not to differ very much between counties. To file for a dissolution of marriage in DuPage County, it costs $290, though that is not the only filing fee or cost you will have to deal with. Whether or Not You and Your Spouse are Willing to Work Together Couples who are more argumentative tend to pay more for their divorces. This is rather obvious because you will be paying more money if you are spending more time coming to an agreement on issues. For example, a couple who has to have five to six negotiation sessions will be paying their lawyer more than a couple who settles the same issue in only two sessions.

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 Posted on December 00,0000 in Divorce Finances

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.

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 Posted on December 00,0000 in Division of Property

The process of allocating assets during a divorce is often one of the most contentious issues between couples. The state of Illinois practices equitable distribution of assets and liabilities, rather than equal distribution. This means that there is nothing saying a judge has to assign half of the marital estate to each spouse -- one spouse could end up walking away from the divorce with more money or more debt. Because of this, some spouses may be tempted to cover up assets so they may keep them for themselves. Illinois courts strongly recommend that couples try to come to an agreement on property distribution on their own, but this is not always possible, especially if both spouses are not willing to be truthful with each other.

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 Posted on December 00,0000 in Child Support

Getting a divorce when you have children is never as easy as getting a divorce when you just have you and your spouse to consider. Divorcing with children means you have a few extra things that you must consider and make decisions about before you can finalize your divorce. These include parenting time arrangements, decision-making responsibilities for the children, college expenses and a rather common one, child support.

Child support is meant to be used to address the basic needs of children, such as a proper place to live, clothes to wear and food to eat. What the Illinois child support formula does not include is other expenses for your child that are nearly impossible to avoid. These expenses can be calculated and then added to the basic child support obligation that you and your child’s other parent are responsible for providing before the obligation is divided between the two of you.

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 Posted on December 00,0000 in Illinois family law attorney

Making the decision to get divorced is not one that comes easily to most people. A marriage does not break down overnight -- it takes months or even years to reach the point of no return for most divorcing couples. Once you have made the decision to get a divorce, the first step in what is often a long process is figuring out how you will go about the divorce and which divorce lawyer is right for you. Shopping for a divorce lawyer is a lot like shopping for a car -- they are not cheap, so it is important that you make your decision with care and thorough knowledge. If you are beginning the process of finding a divorce lawyer that would be a good fit for your family, here are a few tips that can help guide you:

Determine What You Need

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 Posted on December 00,0000 in Annulment

For some people who are going through a divorce, they may wish that their marriage never happened. Unlike a divorce, which is the process of legally separating yourself from your former spouse, a marriage annulment is a declaration of the invalidity of a marriage. In a sense, a marriage annulment is as if the marriage never took place -- your legal relationship status is basically reset. While the idea of erasing a marriage may be favorable, the option is not available to all Illinois couples. There are certain circumstances that must be present before a marriage annulment will be granted.

Factors for Annulment

To begin the annulment process, a petition must be taken to the court. Once you petition the court for an annulment, you must provide evidence pertaining to the particular reason you are asking for an annulment. There are only a few specific reasons that a marriage annulment would be granted. These include:

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 Posted on December 00,0000 in Divorce Finances

Getting a divorce turns your entire life upside down. The asset division process can prove to be especially cumbersome for some couples, as it requires you to take every single asset and debt into consideration when making decisions. Most couples argue over the house, bank accounts, and vehicles. While these high-value assets are important, it is also important not to overlook one of your most important assets -- retirement funds. It is easy to forget about retirement when it is 15 or 20 years away, but planning for it now can save you a big headache in the future. When it comes to retirement plans, one of the most important tools in your toolbox is a QDRO, which is a commonly used acronym for a qualified domestic relations order. QDROs can be extremely beneficial when divvying up retirement plans during a divorce and can take some of the uncertainty out of your future. What Is a QDRO? In the state of Illinois, all pension benefits, including individual retirement accounts (IRA’s) and defined contribution plans and accounts, are presumed to be marital property and must be divided in “just proportions.” This is where a QDRO comes in. A QDRO is a legal document that designates an alternate payee’s right to receive all or a portion of the benefits held in certain types of retirement accounts. What Is Included in a QDRO?

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 Posted on December 00,0000 in Divorce

Getting a divorce -- or dissolution of marriage, as it is called in Illinois -- means the marriage between you and your spouse will be legally terminated. One your divorce case is approved by a judge and he or she has given you a Judgement of Dissolution of Marriage, both you and your former spouse will be free to remarry and can resume your former name, if applicable. Getting a divorce can be a very long and complicated legal process, so it is important to understand the basics before you begin the process.

Filing the Petition

To officially begin the divorce process, you must first file a Petition for Dissolution of Marriage in the circuit court of the county in which either you or your spouse resides. To file this petition, either you or your spouse must be a resident of Illinois for at least 90 days and you must be able to prove that you and your spouse have irreconcilable differences. Once the petition is filed, a copy of the petition will be served to your spouse.

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 Posted on December 00,0000 in Child Custody

When you are going through the divorce process, there are issues in which you and your soon-to-be ex-spouse may not be able to come to an agreement. Child custody is often one of the most contentious and fought over issues in a divorce. Because of this, some couples are forced to appear before a judge so that he or she can make determinations about parenting time and decision-making responsibilities. In some cases, a judge may need more information in order to make an informed decision in the best interest of the child. This is when the judge will request that a custody evaluation be conducted.

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