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What Will Happen to My 401(k) in My Illinois Divorce?

 Posted on October 04, 2023 in Divorce

Plainfield Divorce LawyerWhen people are preparing for a divorce, they are often concerned with how it will affect them financially. Like so many Illinois residents, if you have a 401(k) retirement account, you are likely wondering what will happen to it as a result of your divorce. It is essential at this time to hire an experienced lawyer to guide you through the process of your divorce, as this will help ensure you have professional legal guidance throughout each step of your divorce, including as you work through important financial issues, such as the future of your 401(k) retirement account.

Illinois is an Equitable Distribution State

At the heart of Illinois divorce is the standard of equitable distribution. This seeks to ensure that when property is divided, it is done in a way that is fair. This brings us to the next important crossroads in Illinois divorce: marital vs. non-marital property.

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Signs You Are Divorcing a Narcissist 

 Posted on September 28, 2023 in Divorce

Plainfield Family Law AttorneyDivorcing a narcissist can be an incredibly challenging and emotionally draining process. It is important to recognize the signs that you are divorcing a narcissist to navigate the complexities of the situation better and protect yourself. While only a professional can diagnose narcissistic personality disorder, there are important signs to look out for, which can serve as a warning that your spouse is a narcissist. Regardless of whether your spouse has a narcissistic personality, contact a lawyer to obtain the legal protection you need moving forward in your divorce.

Look for These Important Signs

One significant sign is the narcissists’ refusal to accept accountability or take responsibility for their actions. They may deflect blame onto you or others, making it challenging to have productive discussions or reach mutually beneficial agreements. They may also manipulate the narrative to portray themselves as a target, seeking sympathy and support. Another sign is their need for control and power. Narcissists often feel threatened by losing control, especially in a divorce situation. They may use various tactics to maintain control, such as withholding information, making one-sided decisions, or attempting to manipulate the legal process. 

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What Cannot Be Included in a Prenuptial Agreement? 

 Posted on September 13, 2023 in Family Law

Joliet Divorce LawyerPrenuptial agreements (prenup) are legal documents that couples enter into before marriage to establish property and financial rights in the event of divorce or death. While these agreements provide flexibility and protection, certain provisions are not enforceable. If you are getting married and are interested in signing a prenup, it is crucial to understand what cannot be included in the agreement to ensure its validity and fairness. If you are interested in creating a prenup, contact an Illinois lawyer to help begin the process of crafting the agreement in a legally binding manner. 

What is Prohibited from Prenups?

Here is what you cannot include in a prenup:

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How Do You Determine Paternity in Illinois?

 Posted on August 18, 2023 in Family Law

Joliet, IL paternity lawyerDetermining paternity is an important legal step, as it establishes the rights and responsibilities of a child’s biological father. In Illinois, two primary methods exist to establish parentage: a form referred to as the voluntary acknowledgment of paternity document (VAP) and DNA testing. Today, we will provide an overview of these options, enabling you to make an informed decision regarding how to best establish parentage in your situation. Contact a family law attorney for legal representation in your paternity matter to obtain the legal guidance you need.

What to Know About the Paternity Form

The VAP  form is a legal document that allows both parents to acknowledge the biological father of a child without the need for a DNA paternity test. It is typically completed at the time of the child’s birth or soon after. This form is a legally binding document that establishes paternity and once signed, it carries significant weight in court. 

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Here Are the Signs Your Spouse May Be Concealing Assets in an Illinois Divorce

 Posted on August 08, 2023 in Divorce

Joliet, IL asset division lawyerDivorce can be an emotionally challenging time, and it is essential to consider all aspects, including financial matters. In some cases, one spouse may attempt to conceal assets to gain an unfair advantage during the divorce proceedings. Recognizing signs of such behavior is crucial to protecting your rights and ensuring a fair division of marital property. Today, we will discuss some common signs that could indicate your spouse is concealing assets during your Illinois divorce. If you suspect your spouse is hiding assets from you, share this concern with your divorce lawyer so that steps can be taken to ensure your assets are protected and that an equitable distribution of property can be successfully attained. 

Sudden Changes in Financial Behavior

It could be a red flag if your spouse starts exhibiting unusual financial behavior, such as secretiveness about income, expenses, or investments. Look for sudden changes in their spending habits, unexplained expenses, or hidden accounts you were unaware of. Drastic alterations in financial behavior may indicate an attempt to hide assets. 

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What is Most Important to Know About the Income Shares Method in Calculating Illinois Child Support?

 Posted on July 25, 2023 in Child Support

Joliet, IL child support lawyerChild support is a critical aspect of divorce and separation cases as it ensures the financial well-being of a child after her parents break up. Each state has its own set of guidelines for calculating child support, and in the state of Illinois, the “income shares method” is used. 

Understanding key aspects of this method is crucial for both parents. In this blog, we will delve into the most important things to know about the income shares method and how it affects child support calculations in Illinois. For matters relating to this important issue, contact an experienced family law attorney to be your guide through this process and other important parts of your divorce.

Definition and Purpose of the Income Shares Method 

The income shares method is designed to estimate the amount of money that would have been available to support a child if her parents had continued living together. It assumes that both parents share financial responsibilities for a child, and that their incomes should be combined and allocated to support the child’s needs after the divorce. Each parent pays their fair share of child support, depending on how much money they make. 

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Strategies for Protecting Your Credit During Your Divorce

 Posted on July 10, 2023 in Divorce

Joliet, IL divorce lawyerDivorce is a challenging and emotional journey, and amidst the turmoil, it is crucial to pay close attention to your financial well-being. Protecting your credit during this period is essential, as it can directly impact your post-divorce financial stability. Today, we will discuss strategies you can implement during divorce proceedings that can help safeguard your credit, allowing you to navigate this transition with confidence. As you go through this difficult period, your divorce attorney will be an excellent resource for discussing any questions or concerns about protecting your credit during this process. 

Consider Implementing These Strategies 

The first step you should take is closing your joint credit accounts. Joint accounts carry significant financial risks, as spouses are equally liable for the debt. Work with your attorney to close joint accounts and transfer the balance to individual accounts wherever possible. By eliminating joint credit, you limit exposure to damage caused by your ex-spouse’s financial choices. Remember to remove your name as an authorized user from your ex-spouse’s accounts. 

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What Are the Benefits of Choosing Mediation in Your Illinois Divorce? 

 Posted on June 21, 2023 in Divorce

Will County Divorce LawyerDivorce is challenging for many reasons and is often a slow and costly process. One of the most significant decisions a couple can make is to opt for mediation instead of litigation. Mediation is a process where a couple works collaboratively with a neutral third-party mediator to address all aspects of their divorce. This way of resolving a divorce has several benefits that are important to be aware of. Remember, regardless of whether you choose mediation, you will still need to acquire the services of an experienced divorce attorney to ensure that you can make decisions in your best interests. 

Five Critical Benefits of Mediation During a Divorce

Here are the top five benefits of choosing mediation during a divorce:

  • Control over the process – Mediation gives individuals enhanced control over the process and outcome of their divorce case. Rather than leaving things up to the court or judge to decide, the divorcing couple can work collaboratively to find mutually acceptable solutions to the issues at hand. Individuals can choose how to negotiate and prioritize what matters most to them.

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Will I Need to Keep Making Spousal Support Payments if My Ex Gets Remarried? 

 Posted on June 07, 2023 in Divorce

Joliet Divorce LawyerWhen a couple divorces, spousal support is sometimes ordered as part of the divorce agreement. In Illinois, the duration of time for spousal support payments is determined based on the court’s evaluation of several factors, such as how long the couple were married, each spouse’s earning potential, and the standard of living the couple experienced while they were still married. However, when the ex-spouse who receives the spousal support gets remarried, it can raise the question of whether it needs to be continued. If you have questions pertaining to spousal support, discuss them with your attorney to ensure you have a complete understanding of your obligations moving forward.

Spousal Support in Illinois

Under Illinois law, spousal support is only awarded to the party that truly requires the support and aims at maintaining the person’s previous standard of living. Once the circumstances of the supported-spouse change, the obligation to pay the support may also cease to exist. There is no hard and fast rule in this regard, but there are certain circumstances that Illinois courts follow to modify or terminate the support payments.  

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What to Know About Dividing Retirement Assets in Illinois Divorce

 Posted on May 22, 2023 in Divorce

Will County Divorce LawyerDividing retirement assets in a modern divorce can be a source of enormous contention during proceedings, which makes sense considering that retirement assets are often one of the most high-value assets someone can have. In Illinois, retirement assets are considered marital property and are subject to division during divorce proceedings. Understanding the legal requirements and options available for dividing retirement assets in Illinois is crucial to ensure a fair and equitable distribution. Discuss with your divorce attorney during this time as you look to protect your rights and understand your legal options.

Everything You Need to Know About Dividing Retirement Accounts in an Illinois Divorce

One of the most common ways to divide retirement assets in a divorce is through a Qualified Domestic Relations Order (QDRO). A QDRO is a legal order which instructs a retirement plan administrator to transfer a portion of the plan’s benefits to the non-employee spouse. The non-employee spouse then becomes the owner of those benefits and can choose to receive them at retirement age or roll them over into their own IRA account.

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