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 | 630-200-4882
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Evening and Weekend Hours by Appointment
West Dundee, IL847-428-7725
St. Charles, IL630-200-4882
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Serving Kane, McHenry, DuPage and Cook Counties

barrington divorce lawyerMost marriages begin with high hopes, and the prospect of divorce seems unlikely, if not impossible. Unfortunately, statistics show that 40-50 percent of marriages end in divorce. Although nobody wants to go through the divorce process, there are things you can do to make it go more smoothly. 

Being cautious about your choice of divorce attorney and choosing someone who has experience and skill can make a difference in how well your divorce is managed. Here are some of the things you should consider when looking for a divorce attorney. 

  • Understand your wants and needs – You may not want to litigate your divorce in court, so an attorney with experience in mediation and negotiating out-of-court settlements may be your best fit. If you know that you are heading toward a high-conflict divorce, you may need someone who will be aggressive on your behalf. Whatever your circumstances, a realistic assessment of your wants and needs will help you choose the right attorney. 

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st. charles divorce lawyerFinding out your spouse has thousands of dollars in gambling debt can be one of the most difficult things that can happen when you are getting divorced in Illinois. Yet for some spouses, this is exactly what happens during the divorce process. For some chronic gamblers, their addiction is out of control and can drive their family to the brink of insolvency. 

The non-gambling spouse who has filed for divorce may be worried about whether he or she has to pay half of their partner’s gambling debt. What happens to all that money? And what if their shared credit, such as a home equity loan, was leveraged in order to get more money for gambling? 

Illinois is an Equitable Division State

Luckily for the non-gambling spouse, Illinois divorce law mandates that marital assets and debt be divided equitably, rather than equally. This means that the judge will consider who brought money into the marriage, who spent it, and why. For example, if a couple has $300,000 in total assets at the time of the divorce, but would have had $400,000 if the husband had not gambled away $100,000, it would not be unusual for the wife to be given $200,000 and the husband $100,000. 

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kane county divorce lawyerThe outcome of a divorce decree is legally binding on both parties, and there are consequences for failing to adhere to the terms of the order. However, circumstances change, and people may find themselves unwilling or unable to abide by the terms of their divorce order or may believe their spouse is violating the terms. For example, your former spouse may not pay the required amount of child support, or you may need to move out of state and will require a change in your shared parental responsibilities. 

If you find yourself in this situation, you can take action. Although some things, such as property division, are finalized and highly unlikely to change following a divorce decree, other things can change. 

Which Issues Can Be Modified? 

  • Child support is one of the most commonly modified parts of a divorce decree. Typically, the change in a parent’s income must be substantial to modify the required child support payments. A change in a child’s needs may also require a change in child support payments. For example, if a child is diagnosed with a learning disability and requires extensive educational support, a parent’s child support payments may be modified to reflect the new expenses. 

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Posted on in Divorce

st. charles divorce lawyerDeciding whether or not to get divorced is one of the most difficult choices a person will make in his or her lifetime. Divorce is often disruptive to day-to-day life, emotionally challenging, and expensive. One of the factors complicating divorce is knowing whether you have really reached the point when you are ready to legally end the relationship. You may wonder if you have sufficient justification or whether you are being reasonable.  Here are the top five most common reasons couples give for divorce. If you recognize yourself in any of these situations, it may be time to contact the attorneys with the Law Offices of Benedict Schwarz, II PC. 

Lack of Commitment

When two people are not absolutely sure that they are in the marriage for life, that lack of commitment can lead to divorce. Commitment is key to making a marriage work because it gives couples incentive to work through their issues, rather than avoid them. Often, couples who have been married for many years will credit their marital success to commitment, rather than being deeply in love or incredibly attracted to each other. 

Infidelity 

Finding out that your significant other has engaged in an emotional or physical relationship behind your back can be devastating. Many couples who have a cheating partner cannot overcome the violation of trust and feelings of betrayal the infidelity causes between them, and divorce is the inevitable outcome. 

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Kane County spousal maintenance lawyerThe years after a divorce can be a difficult transition period for many people. You may still be tied to your former spouse through elements of your divorce order, while at the same time trying to move forward with your life. Often, your past and future can influence each other in complicated ways, including when it comes to the legal terms of your divorce resolution. One situation to pay close attention to is starting a new romantic relationship during an active spousal support order.

Effects on the Spouse Who Receives Support

In Illinois, spousal support orders usually last for a limited time, so as the receiving spouse, you will need to prepare for the payments to end eventually. However, a new romantic relationship can lead to the end of spousal maintenance sooner than you expect. Spousal support will not end simply because you start dating new people, or even because you enter a committed relationship with someone new. However, if the court determines that you are in a cohabiting relationship, the maintenance order can be terminated effective on the date the cohabitation began.

Defining a cohabiting relationship can be complicated, but in general, the court will consider things like the length of the relationship; the amount of time the partners spend together, including overnight stays; how they spend that time together; and whether they share property, expenses, or joint financial accounts. If the partners legally marry, the case becomes much more straightforward, and maintenance obligations will end on the date of marriage.

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