What is Non-Marital Property and How Does it Stay Non-Marital?

In divorce there are two types of property: Marital property and non-marital property. It’s obvious what marital property is: it’s all of the property both you and your spouse purchase or acquire together during your marriage. However, the guidelines for what makes property non-marital aren’t always as clear.

In this article, we discuss non-marital property in greater detail to help you protect what you have that is non-marital and are able to keep it after your divorce, without any claim from your spouse.

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Unallocated Support: What You Need to Know

When it comes to divorce in Illinois, most individuals know of two types of support: spousal support, also known as maintenance or alimony, and child support. This means that when people hear that there’s another type of support, they get confused.

In this article, we cover the basics of unallocated support and the benefits of choosing unallocated support over separate maintenance and child support in your divorce.

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Non-Parent Visitation in Divorce

Only parents have visitation rights with their children after divorce. This means that the Illinois statute that governs divorce procedure, the Illinois Marriage and Dissolution of Marriage Act (IMDMA), only grants parents the right to see their children, provided there isn’t a compelling reason to keep a child from a parent.

Other relatives, like grandparents and siblings, can file a petition for visitation with children of a divorced couple. The burden a non-parent must show to get a petition for visitation granted can be high, making it difficult for non-parents to get as much time with their grandchildren or sisters/brothers as they want. If met, however, a non-parent can get a set visitation schedule with children, just like a parent can.

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Hidden Assets and Divorce: How Will You Know?

Property division is a major focus in any divorce. And, while some property is obvious – like the marital residence, vehicles, and other, personal property – some isn’t. After all, it’s significantly more difficult to “see” bank accounts, retirement accounts, and other assets.

With this comes a problem: how do you know if your spouse is truly disclosing all of his or her assets during a divorce?

The divorce procedure in Illinois is set up to ensure that your spouse doesn’t hide any assets. Or, if they do, it’s designed to uncover them to ensure that you receive the equitable split of property you’re supposed to.

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Divorce Q&A: What is the Right of First Refusal?

If you have minor children, you’re going to have a parenting plan as part of your divorce. Typically, this parenting plan is called a Joint Parenting Judgment or, more commonly, an Allocation of Parental Responsibility Judgment.

The Right of First Refusal is going to be part of your parenting plan as part of Illinois law. This gives you the right to spend more time with your children if your soon-to-be former spouse, or former spouse, can’t.

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Wage Garnishment and Support: How it Works

You’re getting divorced and your soon-to-be former spouse is ordered to pay either child support or maintenance, or perhaps both as separate or unallocated support! This alone might cause some to worry. After all, who’s to say that your spouse will pay the support he or she was ordered to pay?

Wage garnishment is the answer to this problem.

When you’re entitled to receive maintenance, child support, or both, you have two options:

  1. Collect the payment directly from your spouse; or
  2. Establish an income withholding order

Typically, wage garnishment is used as a remedy if you aren’t being paid by your spouse, which is more likely to occur if you’ve agreed to accept payment directly and are no longer receiving it. However, there are other situations this might occur, all of which you can discuss with your Naperville divorce lawyer.

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Why Marital Asset Valuation Matters

Property division is typically the most complicated issue in a divorce. And, while it can be relatively straightforward to place a value on vehicles, a home, and other assets, it can be difficult to value others. And, without a fair valuation, you might agree to a settlement that isn’t fair, especially when you consider the long-term implications of your financial situation following divorce.

In this article, we’ll discuss:

  • How marital property is divided in Illinois;
  • How to determine the value of complex assets; and
  • Other important considerations in marital asset valuation

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What’s in a Parenting Plan?

If you have minor children, you’re going to have a parenting plan as part of your divorce. However, not all parents understand what a parenting plan is going into their divorce. And, more importantly, not all parents understand what to expect as parenting plans are drafted, finalized, and implemented.

In this article, we explore the basics of all parenting plans, and what you can expect to find in them.

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Don’t Let Short-Term Thinking Impact Your Retirement After Divorce

When you first begin the divorce process, it’s difficult to think about the long-term implications of your decisions. You may want to litigate certain issues, or fight with your spouse over items or issues that, in the future, are inconsequential.

However, divorce is about more than just the money you have sitting in your bank account right now. In fact, your Illinois divorce will affect the money you have not only now, but in the future as well. Nowhere is this more apparent than in your retirement accounts.

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How to Make Modifications After Your Divorce

Your divorce is over and the judgment is entered. So, now what?

Now, you go about living your new life, until something happens. Perhaps you get a new job. Perhaps your ex-spouse gets a new job. Or, maybe one of your children’s needs change. And when any of these events happen, or any, relevant others, you need to return to court.

Making modifications after your divorce aren’t difficult, but you do need a good reason to make them. In this article, we explore some of the primary reasons why you’ll return to court to make modifications, as almost every couple will, and how the process works.

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