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Posted on in Alimony

spousal support, Kane County divorce lawyersIf you have been considering filing for divorce, you probably have many questions and concerns. One such question may be “Will I have to make support payments to my ex-spouse?” Spousal support, also called spousal maintenance or alimony, helps limit the negative financial effects of a divorce by providing a continuing income to a non-wage-earning or lower-wage-earning spouse. In the past, payments were almost always made by an ex-husband to his ex-wife. Today, both men and women are recipients of support and both men and women may be required to pay it. Spousal support can be based on a prenuptial agreement or a postnuptial agreement or a court decision.

How Is Alimony Awarded? 

Courts have the authority to make decisions about spousal support during a divorce. A judge will look at several factors in order to determine what the fairest arrangement would be. When making decisions about spousal support courts must consider:

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protection, Kane County domestic violence lawyersSometimes, divorces go badly. It is sadly not unheard of for a person to become violent or dangerous toward his or her ex-spouse, harassing or threatening to a point where an order of protection—sometimes called a restraining order—becomes necessary. If you are pushed to the point where you have had to obtain one, or if you have been served with one, it is necessary to understand how they may affect your co-parenting arrangement.

Anatomy of an Order of Protection

Orders of protection are issued by judges when necessary after a victim files a petition with the Clerk of the Circuit Court in the appropriate county—usually where the victim or the alleged abuser lives. In the petition, the victim must explain why he or she feels a restraining order is necessary and go into detail about the abuse or harassment he or she has suffered. The decision of whether or not to grant the order will be up to the judge, but if one is granted, it will probably be an emergency order of protection—at least in the beginning.

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Posted on in Divorce

dating, St. Charles family lawyerGoing through a divorce is a painful process. Fortunately, for many people who suffer through the end of a marriage, there is a better life waiting for them. Many people who divorce make the most of their new life. This often includes starting to date again. While dating after your divorce could have a positive effect on your happiness and self-esteem, there are some things you should keep in mind, particularly if you are a parent. Do Not Rush into a New Relationship The end of any relationship leaves a person with a feeling of loneliness. It is understandable that someone who is ending his or her marriage would desire intimate companionship again. Although most attorneys advise clients not to date while a divorce is in process, there is virtually no legal risk to dating after a divorce is finalized. Even so, many newly-divorced individuals are not ready for a relationship immediately. A divorce often leaves emotional damage that takes time to heal. Children are also left with feelings of sadness and confusion when their parents divorce. They too need time to heal. Boundaries and Consistency Most parenting experts recommend that after a divorce, children thrive with predictability. So much has changed in their life due to the divorce. They may be living in a new house, attending a new school, or getting used to switching between their two parents’ homes. Consistency and healthy boundaries are important when starting to date again as a parent. Ideally, both parents would reach an agreement that new partners will not be introduced to your children too quickly. Children whose parents have recently divorced are often suspicious or afraid of a new romantic partner in their parent’s life. They may worry that one of their parents is being replaced. Because of this, it is best to wait an appropriate amount of time before bringing your new romantic partner into your child’s life and to do so slowly. Mind Your Own Business—Unless… …your children are in danger. Once you are divorced, you have no input on when, who, or how your former spouse chooses to date. Of course, if your children seem troubled by your ex’s new relationship or you have a legitimate reason to believe that they are in danger or are being exposed to inappropriate behavior, you may need to say something. If you have a reasonable relationship with your former spouse, express your concerns to him or her. If not, you may need to take your matter back to court and seek an amendment of your parenting time schedule. Seek Compassionate Legal Advice If you have concerns about the process of divorce or how a parenting arrangement could be impacted by the actions of either parent, contact an experienced Kane County family law attorney. At Bochte, Kuzniar & Navigato, P.C., we proudly help clients find the post-divorce happiness they deserve. Call 630-377-7770 for a free consultation today.   Sources: http://www.webmd.com/sex-relationships/features/dating-after-divorce https://www.healthychildren.org/English/family-life/family-dynamics/types-of-families/Pages/Dating-After-Divorce.aspx http://www.huffingtonpost.com/christina-pesoli/rules-of-engagement-setti_b_3613901.html

Posted on in Alimony

maintenance, Illinois divorce lawyersIt seems as if everyone is getting divorced nowadays: young couples, those who have been married 50 years or more, celebrities, and politicians. Despite the rise in divorce rates across many different demographics, there are still many misconceptions that people have with regard to the divorce process. Many of these mistaken beliefs are the product of the divorce process being over-simplified or dramatized for television or movies. One of the most common misunderstandings for many people is their concept of spousal maintenance, also known as alimony.

History of Spousal Maintenance

Throughout the years, alimony laws have evolved as society has changed. Before 1977, Illinois law required property to be allocated in divorces according to the asset’s owner. This often left a husband with substantially more property than the wife. To combat this inequity, courts frequently required the husband to make support payments to his former wife in the form of alimony. In 1977, the concept of “marital property” was created. This meant that property was now more equally divided and spousal maintenance was awarded less often. There have been many small updates and changes to spousal maintenance statutes since then, each for the purpose of clarifying when and if a situation required spousal support.

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commingled property, Illinois divorce attorneysWhen a couple decides to divorce, they must divide their property between them. As one might expect, each spouse brings property into the marriage, but marital property is also acquired throughout their relationship. Some couples are exceedingly careful about segregating their respective personal property, while others pay little attention to the matter until divorce becomes a possibility. If you are in a position where your property has become commingled, or “mixed in”, with your spouse’s, consulting an experienced divorce lawyer may be the best option for you.

What Is Commingling?

Commingling occurs when two people’s personal property becomes intertwined or mixed. The best example of this is an individual depositing individually-owned funds—money he or she made before the marriage or received as an inheritance during the marriage—into a marital checking account. Doing so, in most cases, causes the deposited funds to lose their identity as non-marital property.

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