Choosing to get a divorce and end a marriage is often tough and challenging for both parties involved. The thought of “Should I get divorced?” or “Should we stay together and reconcile our marriage?” can be a hard choice to make as a couple without help. If you are in a similar predicament, discernment counseling might be your best option.
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When one party files a pleading to commence a court case, a common question is “what happens if the opposing party does not engage?” There is recourse if one party does not participate in a court proceeding in the form of a “default judgment” being entered by the judge.
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Financial tracing is a process that occurs in many divorce or parentage proceedings. The process typically stems from instances of needing to track a party’s sources of income, expenditures made for non-marital purposes (also known as dissipation in Illinois), or in the event a party is trying to prove the marital or non-marital nature of an asset.
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Maintenance, formerly known as “alimony”, is financial support provided by one party to another after a marriage. Not every party will be entitled to receive maintenance and certain factors must be considered to determine if maintenance is appropriate.
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Illinois is a no-fault divorce state. No-fault divorce means that wrongdoing by one of the parties does not need to be shown. Rather, a couple can show that “irreconcilable differences” have led to the irretrievable breakdown of the marriage and a divorce is in the best interests of the family.
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In Illinois family law courts, understanding the difference between venue and jurisdiction is crucial for ensuring your case is properly handled. Here's a concise explanation of these concepts and their importance.
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An important consideration when negotiating a divorce settlement is whether there are any tax consequences for a spouse being awarded certain marital assets. Often the most equitable way to divide a marital estate is for each party to be awarded assets “in kind”, meaning similar amounts of similar types of assets. That way each party is in a similar financial position post-divorce.
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There can be serious consequences for violating a court order. It is important that individuals keep themselves informed regarding court orders pertaining to their court proceedings, including deadlines and required actions, for both them and the opposing party. When a court order is violated an individual may be held in “contempt of court”.
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Recently, Section 607.6 of the Illinois Marriage and Dissolution of Marriage Act was amended by House Bill 2741. Section 607.6 addresses court-ordered therapy, and specifically, subparagraph d of the Section concerns the confidentiality of information about court-ordered therapy.
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Fees and costs are always a hot topic when deciding to retain an attorney. Individuals going through divorce need to also be prepared for other expenses that may come up during divorce proceedings.
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As you navigate the tough emotions and changes that accompany divorce, it is important to have a strong support system that you can lean on and turn to.
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A parenting agreement serves as a guide to parents and should contain a wide array of information from the parenting schedule to who is responsible for scheduling doctor’s appointments.
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During divorce, people rarely consider altering their estate plan in the event of death or incapacitation. We hope this article gets you thinking about it.
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There is no doubt that choosing to consult with an attorney is a big decision that should not be taken lightly. However, when it comes to family law matters, such as divorce or parenting, it may be best to consult with an attorney as soon as you know there may be an issue on the horizon to understand your options and get the best advice for your family.
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When you retain The Law Office of Erin M. Wilson, LLC you can expect to gain a team that will fight hard for your interests.
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“New year, new me” is often a saying heard as a new year begins and another is left in the past. But how does one really enter into a new year without the emotional toll the prior year took looming still?
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The process of divorce can be very financially and emotionally draining. However, we, at The Law Office of Erin M. Wilson LLC agree that creating a tight knit support system of friends and family can be one of the most helpful things in persevering through the difficult time.
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We understand that talking with your children about your impending divorce can be a monumental task. Whether you and your spouse are on the same page or not, The Law Office of Erin M. Wilson LLC is here to provide tips on how to discuss this with your child.
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It can be daunting to think of everything you want to cover during your first meeting with your attorney. Worrying that you won’t remember everything you want to say when you meet your attorney for the first time is normal; however preparing for the meeting with these useful steps can help both you and your attorney!
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Though divorce can be a challenging and emotional time for parents, it can be an even more turbulent experience for the children.
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