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Posts tagged "Family Law"

How Illinois determines spousal maintenance

As someone currently involved in an Illinois divorce, or someone considering filing for an Illinois divorce, you may be wondering whether you will be able to reasonably support yourself in the absence of your spouse. More specifically, you may be wondering whether you will qualify for spousal maintenance in the aftermath of your divorce, or whether you might have other options available to you. At the Law Office of Kerley & Associates, we have a comprehensive understanding of how Illinois determines spousal maintenance, and we have helped many clients making their way through divorces navigate these and similar issues.

Should a forensic accountant be on your divorce team?

As you and your spouse contemplate obtaining an Illinois divorce, you may have the uneasy feeling that (s)he will hide, or already is hiding, marital assets from you so as to take unfair advantage of you when it comes time to draft a property settlement agreement. Unfortunately, asset hiding represents a not uncommon practice among greedy or vindictive spouses, especially high-asset ones.

Will my child support spending be monitored?

You may have many questions when you are newly divorced, especially regarding visitation and child support. If you are one of the many single parents in Illinois to receive child support, you might be worried that the courts or your ex-spouse will monitor how you spend the money or ask to see receipts. Understanding how child support spending works can give you peace of mind.

What constitutes a “fair and equitable” property settlement?

As you begin your Illinois divorce process, one of the most important things you and your spouse must do is to arrive at a fair and equitable property settlement agreement. However, what may be fair and equitable in one couple’s divorce may not be so in your divorce. In other words, while guidelines exist, “fair and equitable” is unique to your own situation.

Is your spouse committing financial fraud?

As you begin thinking about the possibility of an Illinois divorce, you likely have many things to worry about: custody and visitation of your children; spousal support; and equitable division of your marital property. And underneath all this, you may have the uneasy feeling that your spouse may be attempting to hide assets from you.

Is Illinois a common law marriage state?

If you and your significant other are living together in Illinois, you likely feel just as married as your friends who had wedding ceremonies. In fact, many of your friends may think the two of you really are married, especially if you have lived together for a long time and/or have children together.

Gray divorce is on the rise

Many people believe that once their marriage has survived 15 to 20 years, they will surely keep the vows, ‘till death do us part.’ Although the theory that those who are married longer have a lower chance of divorce still holds some truth, the number of people over the age of 50 that file for divorce in Illinois and across the United States is rising. According to the Census Bureau’s American Community Survey, 2.8 percent of people over the age of 50 were divorced 50 years ago. That number increased to 11.8 percent in 2000 and is still on the rise.

What is the acceptance of benefits doctrine?

If you and your spouse are getting an Illinois divorce, you likely never heard of the acceptance of benefits doctrine. As you come to a property settlement agreement, however, you should familiarize yourself with this doctrine because it could impact your ability to modify your property division in the future.

What is considered marital property?

If you have filed for divorce or are considering terminating your marriage, you may be overwhelmed at the idea of dividing all of your property. Illinois is an equitable distribution of property state, meaning that all marital property and assets are divided based on what is deemed fair and equitable. Marital or community property involves everything that you amassed throughout your marriage. While it may seem like a lot, there are even more items that you may have overlooked when picking out marital property.

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