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Top Chicago Area Divorce Lawyers

DuPage County divorce attorneyIt is natural for any person coming out of a divorce to feel sad or depressed. Experts and individuals who have been through the process agree, while the short-term outlook may feel gloomy, it is a time to take care of yourself and chart a new, positive course for your life. By avoiding negative behavior and not feeling sorry for yourself, you will feel physically healthier and mentally ready to take on new challenges in your life.

Planning for Your Best Post-Divorce Life

Whether your divorce was a contentious battle or an amicable parting, you can seize the moment to reflect and move on in a positive manner. You owe it to yourself and your children to work toward the best possible future.

With this in mind, here are some steps you can take post-divorce to build a better road ahead:

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Illinois divorce lawyerDuring a divorce, the division of marital assets represents one of the most overwhelming aspects. Often, the fate of the marital home will be of utmost importance to both spouses. For couples with two or more properties, the divorce process can become more complex. To ensure that your interests are protected in a divorce, it is important that you work with a trusted and experienced attorney.

Property Division in an Illinois Divorce

In Illinois, joint marital property is divided between the spouses in an equitable manner. This means that the property and assets that the couple acquired while they were married will be split in a fair manner, but not necessarily equally. When determining an equitable distribution, the court will look at many factors, including the income and debt contributions of each spouse, the length of the marriage, the earning potential of both spouses, their age and health, the overall value of the assets being divided, the lifestyle of the spouses, and childcare costs. They will also take into account any prenuptial or postnuptial agreements that designated non-marital assets or made decisions about spousal support.

For a second home or other properties, if it was purchased by the couple during their marriage and before separation occurred, it would be part of the joint marital assets and subject to equitable distribution. If it was acquired before the marriage by one spouse or if one spouse received it as a gift or inheritance, the house would be considered non-marital property and not subject to division. However, if the other spouse contributed in any way to increase the value of the property, they may be reimbursed for their contribution.

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DuPage County gray divorce lawyersIn recent years, the rate of couples over the age of 50 getting divorced has continued to grow. With a divorce later in life, couples are faced with different or more pronounced challenges than younger couples. They may not have to worry about decisions on child support payments or child custody arrangements, but older couples have generally accumulated more assets and are closer to retirement, placing greater importance on those factors.

Four Issues of Importance for Divorcing Older Couples

For divorcing couples who are closer to retirement and have more significant financial assets, it is important to work with a law firm with experience in gray divorces and the complex challenges they present.

Here are four common issues that couples face when they get divorced near retirement:

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DuPage County spousal support lawyerAfter a divorce, the financial circumstances of both former spouses can change dramatically from their married life. During the divorce process, various factors go into determining whether one spouse will receive financial support from the other after the divorce is finalized. Factors considered by the court to determine whether spousal maintenance, also known as spousal support or alimony, will be awarded, include each spouse’s income, financial needs, present and future earning capacity, age, health, job skills, and the accustomed standard of living during the marriage. The length and amount of maintenance are based on both spouses’ income and how long they were married. The final payment terms are set forth in the final divorce decree. However, there are certain qualifying events that will bring an end to any spousal maintenance payments.

Changes That Will End Spousal Support in Illinois

Among the notable events that will end spousal support payments is when the ex-spouse who is receiving the payments gets remarried or begins cohabitating with another partner, unless the spouses agreed otherwise in their final divorce agreement. The support terminates on the date of the remarriage or cohabitation, and the paying spouse does not need to go to court to get the payments stopped. The receiving spouse must provide at least 30 days’ notification before the marriage. However, the paying spouse is still responsible for any payments due.

If the paying spouse gets remarried, it does not have an effect on the support obligation. However, if the payor now has another family to support, that may be taken into account by the court if he or she seeks a modification to the payments.

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Illinois divorce attorneyA spouse cheating can irrevocably impact a marriage and can lead many couples to divorce. For victims of an unfaithful husband or wife, emotions can run high, and focusing on the legal process of divorce can be understandably difficult. To provide the guidance that you need during a divorce from a cheating spouse, it is helpful to have a trusted lawyer by your side who can help you understand the process and focus on building a better future for you.

When Cheating Does and Does Not Affect a Divorce

When a divorce is caused by or involves infidelity, most divorcing spouses take one of two routes. They can either resolve to work together to cooperatively end the marriage or allow the infidelity to cause more drama and conflict. Our lawyers can handle either scenario and try to keep the focus on the practical matters of the divorce while being to your emotional needs.

While infidelity can potentially create a contentious atmosphere, the cheating spouse cannot be punished by the court or receive less of the couple’s marital assets than they would have otherwise been awarded simply due to being unfaithful. The court must follow the normal procedures for determining and approving marital property division and spousal support, if needed. 

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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