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Recent Blog Posts

Does My Child Need a Guardian Ad Litem in My Illinois Divorce?

 Posted on July 10, 2024 in Divorce

Arlington Heights, IL family lawyerThe divorce process often comes with many challenges, though it can become more challenging when a child is involved. Parents may argue over child support, decision-making responsibilities, and physical custody, also known as parenting time. These are in addition to other disputes that arise during divorce, like alimony and property division.

Throughout all this, the interests of the child can sometimes get lost in the shuffle. This is especially true if the parents become caught up in hostility toward each other and forget to focus on their child’s well-being.

In such cases, a court may appoint a guardian ad litem to represent the child in the divorce process. A guardian ad litem, which is Latin for "guardian for the case," is an Illinois family law attorney who is certified to advocate for children in court. He or she is a neutral party appointed by the judge.

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3 Things to Consider If You Divorce an Unemployed Spouse

 Posted on June 28, 2024 in Divorce

Arlington Heights, IL divorce lawyerThere are many reasons why people decide to get divorced, chronic unemployment being one of them. Studies show that men who do not have full-time employment are 33 percent more likely to be divorced than husbands who are employed full-time. This means that many divorces happen because one partner is jobless.

Divorcing an unemployed spouse, however, has certain legal consequences. Whether the divorce is your choice or not, speak with a qualified Illinois divorce lawyer about what to expect.

Here are three things to consider if you divorce an unemployed spouse.

Alimony

In many divorces, one spouse is ordered to pay the other spouse alimony, which is also known as spousal support or spousal maintenance. The alimony order from the court, which determines how much and how long alimony payments will be, is based on several factors, such as:

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3 Tips for Parenting Across State Lines

 Posted on June 20, 2024 in Child Custody

Arlington Heights, IL divorce lawyerLearning how to parent after divorce requires making some adjustments. This is especially true if the parents live in different states, which can happen for various reasons. A parent may need to move for work, for example, or might need to care for a family member in a different state. This will affect that parent’s parenting time, which is how Illinois refers to physical custody.

Details about your parenting time — such as scheduling and communication — are outlined in a document called a parenting plan. A parenting plan is a legal document that married parents of minor children must submit to the court after filing for the dissolution of marriage. Once the court approves a parenting plan, it becomes legally binding.

One parent moving out of state usually requires changes to be made to the parenting plan. It is best to discuss these changes with an Illinois parenting plan attorney who can help you navigate the challenges that come when you are coparenting a minor child and need to move.

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Do I Have to Pay Taxes on Child and Spousal Support in a Divorce?

 Posted on June 10, 2024 in Maintenance

Arlington Heights, IL divorce attorneyDivorce often changes the financial situation of people going through it. Courts, therefore, may order one or both of the spouses to pay family maintenance, which refers to child support and/or spousal support (also known as alimony). Alimony is paid by one spouse to the other. When it comes to child support, both parents may be ordered to contribute.

Common questions among both the paying spouse (the payor) and the spouse receiving the support (the payee) are: 

  • How do taxes factor into family maintenance? 

  • Does the payee need to pay taxes on the support he or she receives? 

  • Can the payor deduct taxes from the support he or she pays?

This article will discuss the answers to these questions. However, every situation is different, and any questions regarding family maintenance should be directed to a divorce attorney.

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What Happens if My Ex Ignores Our Mediated Divorce Settlement?

 Posted on May 28, 2024 in Divorce

Arlington Heights, IL mediation lawyerMost couples who attend mediation are able to resolve their issues in the divorce. It is the best way to avoid a court battle, which can be costly and messy. It is also the most common method of alternative dispute resolution, which simply means resolving disputes without fighting them out in court.

When parties come to an agreement through mediation it is called a settlement. A settlement is legally binding once it is signed by the parties. If one of the spouses does not honor the divorce settlement, there are legal consequences. If you feel your ex is not abiding by your divorce settlement, contact an Illinois attorney who can explain the next steps. 

What Is Mediation?

Mediation is a private process where parties in a dispute try to resolve their differences outside of court. There are a few elements to mediation:

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How Does a High Income Affect A Divorce in Illinois?

 Posted on May 20, 2024 in Divorce

Arlington Heights, IL divorce lawyerOne of the most complicated parts of divorce in Illinois is assigning financial obligations. Who is responsible for child support? Who should pay alimony? How will the debt be allocated? 

When courts make these decisions, they base them on several factors. One of those factors is the income level of each spouse. This impacts several parts of the divorce process, which is why any spouse with a high income who is considering getting divorced should consult a skilled high-income divorce attorney.

This article will discuss the different ways a high income can affect a divorce in Illinois.

Child Support

Before a court decides who should pay child support and how much should be paid, the judge will look at several factors. One of the most significant factors is the income level of each spouse. If one spouse is a stay-at-home parent with no income while the other spouse has a high net worth, the latter spouse will almost certainly be ordered to pay child support.

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Prenups and Divorce: What You Need to Know

 Posted on May 06, 2024 in Divorce

Arlington Heights, IL prenuptial agreement lawyerNavigating the murky waters of divorce can be difficult, but having a prenuptial agreement can simplify the process. In Illinois, prenuptial agreements, or “prenups” as they are often called, are legal contracts entered into before marriage that lay out specific financial expectations and responsibilities. Contact a friendly and personable trusted attorney at A. Traub & Associates to ensure you can effectively utilize your prenup to make your divorce a more efficient process. 

The Power of Prenups is Establishing Clarity

Understanding prenups is the first step towards learning how, in a divorce, such agreements can be beneficial. Since prenups are contractual agreements that govern how different assets and liabilities get divided in the event of a divorce. Therefore, a prenup can provide couples with a very clear understanding of property rights, spousal support, and more. As a result, prenups can bring clarity in the midst of the emotional turmoil that can often take place during a divorce. 

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How Can My Spouse’s Gambling Addiction Affect My Divorce?

 Posted on April 30, 2024 in Divorce

Arlington Heights, IL divorce lawyerGetting divorced opens up your personal life to legal scrutiny. Behaviors that you may previously have been able to keep under wraps can now have serious legal consequences.

An example of this is gambling. If your spouse has a gambling addiction and it surfaces during the divorce proceedings, it can have a major effect on the outcomes of the divorce. Seek the counsel of an experienced attorney in Illinois if you are getting divorced and think your spouse might have a gambling addiction.

This article will discuss how a gambling addiction can affect a divorce.

Assets Can Be Frozen

You and your spouse are both entitled to what Illinois law calls marital property. This refers to assets that belong to both spouses, usually acquired during the marriage. Using any of these assets for something that is not related to the marriage, or abusing them so that their value goes down, is called dissipation of assets.

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My Child is Going to College. Do I Still Have to Pay Child Support?

 Posted on April 16, 2024 in Divorce

Arlington Heights, IL child support lawyerMaking changes to child support payments, also known as child support modification, is not a simple process. Illinois law generally requires courts to wait two years before modifying a child support order.

But the law also recognizes that circumstances change and sometimes it is necessary to make adjustments. If you need to modify your child support payments, contact a family lawyer in Illinois who can advise you on whether you have good cause.

This article will discuss how courts calculate child support and when you can request to modify child support payments.

How Do Courts Calculate Child Support Payments?

When calculating child support payments, courts want to find out how much a child needs and how much of that the parents can afford. 

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3 Tips for a Successful Divorce Mediation in Illinois

 Posted on April 03, 2024 in Divorce

Arlington Heights, IL divorce mediation lawyerThe quickest way to get divorced in Illinois is through an uncontested divorce, which means that both parties agree on the terms of the divorce agreement. However, couples who cannot agree will file for a contested divorce with the help of a skilled divorce attorney. In this case, the parties will most likely be ordered by a judge to resolve their differences through mediation. 

What is Mediation?

Mediation is a legal process in which a mediator tries to help parties in a dispute come to an agreement without having to go to trial. Mediators are neutral parties appointed by the court to help both sides resolve their issues. Many of them are former judges. 

A typical mediation session lasts approximately three hours. During that time, the mediator will speak to both parties together and to each one separately. The parties usually know by the end of the meeting whether an agreement will be reached. If there is a settlement, it will be submitted to a court to make it legally binding.

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