Divorce

Defining Marital and Non-Marital Property

One of the most important tasks for Illinois courts in a divorce case is to divide the divorcing parties' property. Before a court can divide the parties' property, it must first determine whether property is marital or non-marital. Illinois law presumes that any...

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Dividing Retirement Assets Upon Divorce

A top Chicago divorce issue is that of dividing retirement assets. When Illinois parties contribute to retirement assets during their marriage, a portion, if not all, of those retirement accounts are presumed to be marital property. Such accounts include, but are not...

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Financial Preparation For Divorce

If you are considering filing for a Chicago divorce or think your spouse may be filing, you may want to gather all financial records and documents. You may need the receipts and bills to support your financial affidavit. If you divorce in Chicago, the court rules...

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Rules for Working with Your Lawyer

Entering into an attorney-client relationship is a two-way street. You as the client decide which attorney you would like to retain. The attorney gets to decide whether to accept you as a client and, later, whether to keep you as a client. Your attorney can terminate...

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The Best Divorce

What is the "best divorce" possible? The Witt Law Firm, P.C. customizes every divorce based upon our clients' needs but in most cases the best divorce will include the following: 1. The client knows what legal goals he or she wants. This means the client has thought...

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Do Not Make The Mistake of Rushing

Some people going through divorce are in a real rush to wrap it up as fast as possible. While it is understandable to want your divorce behind you, you need to be mindful that you do not skip steps or agree to terms that you will regret just so you can get your...

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Modifiable Maintenance

One of the most complex issues in a Chicago divorce is that of maintenance ("alimony"). How much maintenance or alimony is paid? Is it paid temporarily or permanently? If you are divorcing in Illinois, imagine you agree to pay your former spouse a fixed amount of...

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Should You Move Out of the Marital Home?

One of the most common dilemmas that divorcing people face is whether to move out or stay in the marital home. If domestic violence or threats of it exist, the couple should not continue living together. But if the physical safety of the couple and their children is...

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Jewish Prenup and Divorce Issues

In Jewish wedding ceremonies, the couple signs a ketubah,a Jewish prenuptial contract. Historically, a ketubahwas signed to protect a wife and specified the husband's obligations to her. Ketubot (plural of ketubah)stated a financial settlement the wife was to receive...

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The First Same-Sex Divorce In Illinois

The first same-gender divorce has been filed in Illinois. Mark Bayer and Dr. Nathan Fredrick married in Canada and moved to Peoria for Dr. Fredrick's career as an emergency room doctor. Bayer, a nurse, injured his back during the marriage and is no longer able to...

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In Which County Should Your Divorce Be Filed?

Some attorneys feel that DuPage County favors the spouse with less income compared to Cook County. Although I am not aware of any hard data tracking it, there is a perception that housewives get better awards of maintenance ("alimony") in DuPage, which is considered a...

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Is There Dissipation Of Marital Assets In Your Case?

Dissipation of marital assets occurs when one spouse wrongly spends marital income or marital assets for an improper purpose. If the expenditure did not benefit the marriage or the family it could be considered dissipation. An example of dissipation could be gifts or...

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Should You Allege An Alternate Ground for Divorce?

To file for dissolution of marriage (the legal term for "divorce" in Illinois), you must allege the grounds for the divorce. Many people allege "irreconcilable differences" as it is the most vague and benign. Illinois law requires that spouses have been separated for...

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The Timing Of Divorce

There are two issues related to the timing of divorce. First, there may be an optimal time for you to divorce. It could be to your advantage to time your divorce to the extent possible. Talk with a divorce attorney to see if in your situation there is a good time...

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Valuing Businesses In Divorce

Valuing a business in divorce can be a very complex undertaking. Often a spouse's interest in a business is the largest asset in the marital estate. The three commonly used business valuation methods are: the income approach, the asset accumulation approach and the...

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