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West Dundee, IL847-428-7725
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Posted on in Divorce

Kane County Divorce Attorney

Marriage should be a partnership in which both parties enjoy spending time with one another. Couples do not have to be together constantly for a healthy marriage, and some alone time is good for each person so they can pursue interests by themselves. For many people, this includes video games such as Fortnite and Call of Duty. Some spouses have an issue with how often their significant other plays video games, especially Fortnite. If someone is playing video games too often, it can lead to serious problems in a marriage, and even divorce in some cases. 

Fortnite and Divorce

Fortnite’s massive surge in popularity has led to millions of people playing it all over the world each day. The game has become a pop culture sensation and has been played by more than 200 million people worldwide. Many people are addicted to the game, playing for hours and hours per day at the expense of other aspects of their life, including their marriage. 

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Algonquin Divorce Lawyer

The oft-quoted statistic about 50 percent of marriages ending in divorce is incorrect and has been for some time now. Divorce rates have declined since the 1980s and it is now estimated your chances of divorce are at about 39 percent. Even though this seems like good news, it is not necessarily an indication that the number of people living happily ever after with their spouse has increased. 

Much of the drop in the divorce rate is due to the generation known as millennials, who are less likely to get divorced. A recent study said millennials were 18 percent less likely to divorce than young married couples in 2008. There are numerous potential reasons behind this shift.

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Posted on in Divorce

Algonquin Divorce Lawyer

Many people are searching for someone to marry and live with for the rest of their life. During that search, it is possible to become disillusioned and negative about whether you will ever find someone to be your spouse. If that happens, it can be easier to miss some warning signs that your relationship is not healthy and may be abusive. 

If you are unhappy in your relationship, consider these signs as they relate to your significant other to make sure they are the right one for you and they are not emotionally or physically abusive. If you are married and determine your spouse is abusive, it may be time to begin the divorce process

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Posted on in Divorce

West Dundee Divorce Lawyer

Relationships can be wonderful if you are with the right person. Each situation is different, but there are some warning signs to keep in mind when in a relationship to make sure you are not with the wrong individual. 

If your marriage exhibits a combination of these behaviors, especially to an extreme degree, it may be time to reevaluate. Perhaps your spouse or partner has a reason for exhibiting these traits, but if there is a pattern and you feel you can no longer handle it, it may be time to end the relationship and initiate divorce proceedings

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West Dundee Estate Lawyer

Most people know they should create a will to take care of their assets and carry out their wishes when they pass away. It is often easy to make mistakes during estate planning because people view it as morbid or think they will not die anytime soon so they do not need it. 

It may also be necessary to create a trust as well as a will. A trust is a legal entity in which a third party (trustee) manages assets on behalf of a beneficiary. Beneficiaries are often children but do not have to be. It is crucial to avoid these common mistakes many people make while they are planning an estate. 

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Kane County Family Law Attorney

Divorces are often contentious and stressful for everyone involved, including any children you share with your ex-spouse. Throughout the divorce process, you have to determine child custody, visitation, spousal maintenance, and more. Unfortunately, sometimes the child’s other parent will attempt to subvert their love for you and turn them against you.

This practice is called parental alienation and is considered by many psychologists to be child abuse due to the manipulative nature of the act. If you do not realize what is happening and your child becomes alienated from you, there are steps you can take to try to repair the damage that was done to your relationship by your ex.

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Kane County Divorce Lawyer

If you are going through a divorce and have children, there are many aspects which need to be worked out. Once the divorce process is complete, you and your ex-spouse will have to come up with a co-parenting plan for your children. 

Scheduling information, aspects of how you intend to raise your children, and communication about what happens in your child’s daily life are all important elements to consider as co-parents. Once you are divorced, it can become more difficult to do everything you need for your child, so a good co-parenting plan with your ex-spouse is critical to ensure they are raised the way you both would like. 

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Kane County Divorce Lawyers

Marriage is one of the biggest steps you can take in your life. A couple may think they are ready to be married and later find out they were not prepared at all, or that they are simply not happy being with their spouse anymore. If that happens, divorce may be the best option for both individuals and any children they might share.

While statistics show couples who marry for the first time have somewhere between a 40 and 50 percent chance of getting a divorce, there are programs available that help couples stay married. Data gathered by psychologists indicates these programs are beneficial to the couples who attend. 

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Posted on in Divorce

Kane County Divorce Attorney

Divorce can happen to couples at any age, whether they are young or old, and no matter how long they have been together. There is a growing trend in divorce in which older couples split even when they have been married for a long time. 

If a couple divorces and they are over 50 years old, it is commonly known as a “gray divorce.” Gray divorces bring their own unique challenges, and learning about those potential obstacles before you are in the middle of divorce proceedings will help you in your own case and in life afterward. 

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Kane County Prenup Lawyer

When couples decide to get married, they may have a prenuptial agreement prepared before the wedding. A prenuptial agreement (prenup) goes over how a couple will divide their assets and handle other matters if they were to get a divorce. 

Marriage trends in society constantly change over time. A shift in gender roles, lifespan, and expectations of marriage have led to an increase in the prevalence of prenups with the millennial generation. 

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Posted on in Divorce

Kane County Divorce Lawyer

The holiday season can be a stressful time for many reasons. You may worry about what gifts to buy, or about the imminent political differences and judgmental family members at the holiday dinner table. 

Divorce can add a significant amount of stress during the holidays. This is especially true if you have children, and even more so if it is your first holiday season after the split from your ex-spouse. With these new factors in play, you likely have to coordinate visitation time and gift-giving with multiple families. If you keep a few key divorce tips in mind, it can make the holidays much easier for everyone involved.

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Posted on in Divorce

Kane County Divorce Attorney

Many people who are not happy in their marriage feel divorce is the right option for them. The divorce process often takes a lot of work, and mistakes happen from time to time as you go through a divorce case. It is important to limit those mistakes whenever possible, for your personal well-being.

Here are some frequent divorce mistakes to avert: 

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Posted on in Divorce

Kane County Divorce Lawyers

Most divorces are difficult on both spouses, so you can expect your divorce case to bring significant stress. The divorce process can be lengthy and take a mental and physical toll, so it is important to learn how to get through it. 

If you allow stress to build up, it can seriously impact your overall health. Here are some proven ways to help ease the emotional burden:

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Kane County Divorce Mediation Attorney

The divorce process can be a long, drawn-out affair if it is a contentious case. A lengthy divorce can drain both you and and your soon-to-be former spouse mentally, emotionally, and financially. 

In many situations, it is beneficial to use a mediator instead of litigating in court. Divorce mediation may take only a few collaborative sessions, and even the longer instances are usually much faster than court cases. 

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Posted on in Divorce

Kane County prenup lawyerWhen two people get married, they pledge to spend the rest of their lives together. Sometimes it does not work out that way, and they want to get a divorce. Couples who enter into divorce proceedings may worry they will be left with nothing. If that is a concern you have prior to getting married, it may be beneficial to craft a prenuptial agreement.

The need for a prenup can vary depending on the couple and the state in which you live. Illinois law divides property equitably, which does not necessarily mean equally. Equitable division of property looks at numerous factors to determine what is fair to both parties. A prenup can be used as one of the factors which determines how the court will divide property and debts during a divorce in Illinois.

Each couple’s situation is different, so it is a good idea to take stock of your finances if you are considering a prenup agreement. You will need that information for the agreement anyway, and it can be a helpful exercise to fully understand the breadth of your financial situation.

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Posted on in Divorce

Carpentersville divorce lawyer substance abuseThe decision to file for divorce is a tough one to make. The mental and emotional toll of ending a long-term relationship is stressful enough in normal cases. However, if you are married to a person who is a drug addict or alcoholic, this can make the divorce process even more difficult. Even if someone is not an addict when the marriage begins, that addiction can develop over time and lead to a number of negative changes in the relationship. People who are considering divorcing their substance abusing spouse should make sure to consider the following factors:

Grounds for Divorce

Even if your spouse’s substance abuse is one of the main reasons for the breakdown of your marriage, it is not necessary to state this when filing for divorce. In Illinois, the only acceptable grounds for divorce is “irreconcilable differences,” which means that the divorce petition only needs to say that the marriage has broken down to the point where reconciliation is not possible or is not in the family’s best interests. The substance abuse will most likely be brought up during the divorce case, but it is not used as the actual reason for divorce on the divorce petition. 

Finances

When your marriage is about to end, you need to take stock of your finances. Making sure you are able to support yourself during and after the divorce process is crucial. Depending on your situation, it may be possible to receive temporary spousal maintenance before the divorce is finalized. If your spouse is a substance abuser, money may be tight for various reasons, especially if they have difficulty keeping a job or have been spending marital funds on their addiction. It is important to protect yourself by opening up your own bank accounts or credit cards and creating a budget that will allow you to live without your spouse’s income. 

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Algonquin divorce spousal support lawyerIn a divorce case, the court may award spousal maintenance (previously known in Illinois as alimony) to mitigate the economic impact of the separation for a lower-earning spouse. A spouse who has decided to forego a career in order to take care of their family or who earns a significantly lower income than their partner will likely be at a disadvantage following divorce as they build job skills to support themselves. Maintenance exists to help with that situation. 

Understanding Maintenance Terminology

If you are considering divorce or are in the process of obtaining a divorce from your spouse, there are a few terms relating to maintenance that are helpful to know:

  • Fixed-term maintenance - This type of maintenance is designated to end after a certain period of time, which the court will determine based on the length of the marriage. It is intended for marriages of less than 10 years. After the maintenance term ends, the receiving spouse is barred from pursuing further maintenance, and the spouse who was awarded the maintenance will have to be self-sustaining. This type of maintenance is intended to prevent repeated cases in court in which couples fight over the amount of maintenance and how long it will be paid.
  • Indefinite maintenance - This is maintenance that is awarded for an undetermined period of time and does not have a termination date set by the court. Indefinite maintenance continues until it is modified or terminated because of a change in circumstances for one or both individuals. It is most often awarded when a marriage has lasted longer than 20 years. 
  • Reviewable maintenance - In these cases, the court awards maintenance for a fixed period of time, but after that time, the court may review the couple’s circumstances to determine whether spousal support is still necessary. When reviewing the maintenance, the court can designate another fixed term maintenance as reviewable or non-renewable, or it can designate the maintenance as indefinite. 
  • Temporary maintenance - An individual may file a request for temporary maintenance while the divorce case is pending, as long as they have a legitimate reason for why maintenance should be awarded during that time. Temporary maintenance will usually end when the divorce is finalized. 

Contact a Knowledgeable Kane County Divorce Lawyer

If you need help understanding your rights to receive spousal support or your obligations to pay maintenance in your divorce case, our skilled Carpentersville spousal maintenance attorney can provide you with legal guidance and advocate for your best interests in court. We will provide the legal help you need throughout every step of the divorce process. Contact the Law Offices of Benedict Schwarz, II PC today at 847-428-7725 to schedule a free consultation. 

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West Dundee divorce property division attorneyIf you are considering entering into divorce proceedings, you may be wondering what will happen to the property you own. Each state has its own laws that determine how to divide property in a divorce. In Illinois, the law states that property must be divided in an equitable, but not necessarily equal, manner. Before the court can make the decision regarding how to divide the property, the property first needs to be divided into two categories: marital property and non-marital property. 

Marital Vs. Non-Marital Property

Marital property includes any property or debts that were acquired during the course of the marriage by either spouse. The types of property that are considered marital assets may vary widely. The scope of what is and is not marital property does not stop at large purchases; it can be any type of physical property or financial assets that the couple has in their home or elsewhere. However, some assets may not be considered marital property even if they were acquired during the marriage, such as if the item was a gift or inheritance. 

Most non-marital property consists of assets that were acquired by either spouse before the marriage. However, non-marital property can also include property received in exchange for other property which was acquired before the marriage, property acquired by a spouse after a legal separation, or property not included as marital property because of a legal agreement between the spouses (such as a prenuptial agreement). 

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Posted on in Divorce

West Dundee divorce attorneyA marriage is a partnership and a pact between two people to share in each other’s lives and feelings. It is normal for married couples to have disagreements with each other, but there are a few behaviors which make it much more likely that a marriage will end in divorce. Exhibiting all of these behaviors is not necessarily a bad thing, as long as they do not happen with such great frequency that they are overruling the positive elements of a marriage. 

What Are the Behaviors?

The four behaviors are as follows:

  • Contempt - In this context, contempt means that one partner thinks that they are smarter or better than the other person. When a person feels contempt towards their partner, they are typically not being receptive to how the other person is feeling, which leads to the other person feeling like they are not heard or are being put down. 
  • Criticism - Criticism is similar to contempt in that it can make little things turn into big arguments. Constantly criticizing the way your partner does something or the way they dress or look and not addressing issues in a constructive way can lead to increased feelings of resentment. 
  • Defensiveness - This behavior is characterized by one spouse constantly stating that it was not their fault if something goes wrong or acting as if they are a victim. In many cases, it is better for spouses to take all the details of a situation into account and think about what they could have done better. 
  • Stonewalling - If an argument is about to happen, and one partner abruptly decides that they are not going to talk about the issue, this can lead to further issues down the road. Not being able to discuss problems and air grievances with each other may lead to couples staying mad at each other longer than they would have if each person had explained their reasoning. 

The repeated and constant occurrence of one or a combination of these problems can lead to an increased likelihood for a couple to divorce. Overall, a constant theme throughout these behaviors is a lack of proper communication and empathy. Making sure to explain problems in a thoughtful way and talking through each person’s viewpoint can help relieve many problems in a marriage. 

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West Dundee divorce attorney technology social mediaThe increase in the use of social media and the internet in general over the past decade has made people more dependent on technology. Using smartphones to browse the internet, read emails, and manage tasks is a commonplace part of our everyday lives. However, this reliance on technology, when combined with the increase in stress levels during divorce proceedings, may lead you to forget that technology can be used against you as well. Protecting yourself online during a divorce is an important step in making sure the process goes as smoothly as possible. 

What Are the Risks?

Couples will often share passwords for their various online accounts with each other, because this can be cheaper and more convenient than maintaining separate accounts. Whether these are bank accounts, credit cards, accounts with online retailers, shared calendars, or photo storage apps, shared accounts are a common aspect of many modern relationships.

During the process of a divorce, the relationship between spouses is often strained, and animosity can lead them to take actions to hurt each other. This can be as simple as changing the password on the family’s Netflix account or as damaging as making expensive purchases or withdrawing money from a shared bank account.

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