Free Consultations 630-407-1225

Category - Divorce

Illinois Supreme Court Takes Pension Division Case

Posted on December 10, 2014 in Divorce
TwitterFacebookLinkedIn

 Illinois divorce lawyer, divorce and retirement benefits,A divorce can have ripple effects that last after it ends, especially in the realm of retirement. Married couples engage in long-term financial planning together, so a split can often push those plans off track, unless people take care to keep them intact during the divorce. One particular way that divorce can impact retirement is through the division of pensions. Now the Illinois Supreme Court has agreed to hear a case about how pension division interacts with Social Security, which has its own special rules for divorcing couples.

Social Security in Divorce

Social Security is different from the majority of pensions and retirement plans. Most of these plans qualify as marital property that the court will deal with during the property division. Conversely, Illinois courts do not divide Social Security. This difference stems from the fact that Social Security is a special plan regulated by the government. This means that it already has contingencies in place to deal with divorce, so courts do not need to divide it.

...

Retirement Planning during Divorce

Posted on December 03, 2014 in Divorce
TwitterFacebookLinkedIn

Illinios divorce attorney, Illinois family law attorney, DuPage County divorce lawyer, Some people can be tempted to start focusing on the short-term issues during a divorce. This is an understandable impulse since a divorce causes many immediate changes in a person's life. However, it is also important to keep one eye on the long view throughout the process. One of these issues is retirement planning.

Spouses plan to spend their lives together, and those plans can often start well in advance. This means that retirement plans are an important part of the divorce conversation. This is especially true now that gray divorce, divorces among people over 50, is becoming more of a trend. Fortunately, there are a variety of strategies people can use to help make sure that their divorce does not derail their golden years.

Think Long-Term

...

Substance Abuse and Divorce

Posted on December 01, 2014 in Divorce
TwitterFacebookLinkedIn

drug addict, alcoholic, Illinios divorce attorney,The prevalence of substance abuse in America is an unfortunate reality. In fact, according to the Substance Abuse and Mental Health Administration's research, tens of millions of Americans experience problems with alcoholism or drug abuse. Naturally, these problems can place a strain on a marriage, and many people report that substance abuse was one of the main causes of their separation. Many people who are divorcing a spouse with substance abuse issues wonder about the special considerations that those issues need. As it happens, substance abuse can have both legal and practical effects on the divorce process.

Legal Effects of Substance Abuse

The two main legal effects of substance abuse on divorce are as grounds for divorce and during the child custody proceedings. Substance abuse can be grounds for divorce in Illinois, meaning it forms the actual reason for the divorce, but this is less important than it once was. Illinois has a “no-fault” divorce law now, so spouses can get divorced based on irreconcilable differences. However, having grounds for the divorce may be able to speed the process up since there is a required six-month separation period in no-fault divorces.

...

Government May Remove Marital History Question from American Community Survey

Posted on November 28, 2014 in Divorce
TwitterFacebookLinkedIn

survey, Illinois divorce attorney, Illinois family law attorney, marriage demographics, The Census is a once a decade process by the government that attempts to catalog the United States’ population and some basic information about everyone collectively. Among the information that the government currently collects is the marital history of the population e.g. whether a person recently married or divorced. Now the Census Bureau has released a statement asking for public comment on the idea of removing the marital history question from the Census. Though this may seem like a fairly insignificant issue, it actually may have far reaching effects on government policy, as well as on the way social scientists have to study marriage and divorce.

The American Community Survey

As it stands, the Census itself already does not actually ask about marital history because of a recent change in the Census format. In the past, the government sent out two forms of the Census, the short form and the long form. Every citizen received the short form, which asked only basic questions, and one out of six households had to answer the long form, a more in-depth questionnaire. This changed for the most recent Census. Now, everyone only receives the short form Census, and some households are also sent the American Community Survey.

...

The Benefits of Divorce Attorneys

Posted on November 20, 2014 in Divorce
TwitterFacebookLinkedIn

Illinois child custody lawyer, Illinois divorce attorney,Many people are reluctant to seek a divorce because they fear the expense of a divorce attorney, or if they do seek divorce, they choose to do so alone rather than with experienced guidance. The law is a complicated system, and even seemingly simple divorces can involve legal pitfalls. Having a skilled divorce attorney on his or her side can help a person have access to experienced investigators, can provide support and reduce stress during the process, and can even help the odds if the other spouse has already hired a divorce attorney to represent him or her.

Experienced Investigation

One of the most difficult parts of the divorce process is bringing together all the information necessary to complete the process. Dividing up the property requires a full, coherent accounting of all the couple's finances, along with an investigation to make sure that the other spouse is not attempting to improperly conceal assets. Child custody disputes are all about developing a custody arrangement that is in the best interest of the child, and the more information there is available to do that, the better off the child will be. Oftentimes, people are tempted to do their own investigation into their spouses, such as snooping through their emails. However, people performing their own investigations run the risk of running afoul of privacy laws. Divorce attorneys are experienced at using legal methods of investigation and the discovery process to ensure that all the necessary information comes out during the divorce process.

...
Back to Top