Category: Divorce Q&A

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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Divorce Q&A: What is Dissipation?

You and your spouse may have had to compromise on how to save and spend money during your marriage. However, some spouses consider divorce a free-for-all where they can spend money as they like. As you can imagine, this isn’t the case.

If a spouse begins to spend money on lavish trips or other expenses that are solely to his or her benefit, the courts will likely consider it dissipation. If they do, that spouse will almost always have to pay some or all of the money back to be divided as property in the divorce.

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Divorce Q&A: What Can I Do if My Spouse Interferes With Parenting Time?

Divorce is designed to give both parents roughly equal parenting time with their children. Doing so is for the benefit of the children and each parent in remaining an active, involved influence in their children’s lives.

However, divorce is inherently contentious. And, unfortunately, this often means one parent will try and withhold parenting time from their former spouse. Luckily, they aren’t legally entitled to do so and, should it happen to you, you can work with a Naperville divorce lawyer to get back the parenting time you’ve lost.

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Divorce Q&A: What is Unallocated Support?

Child and spousal support are both familiar topics for most divorcing couples. You understand that if you get divorced, you or your spouse may be required to pay support for a set period of time depending on a number of factors set forth by the court. However, few divorcing couples are as familiar with the idea of unallocated support.

Unallocated support often benefits both the spouse who is ordered to pay and the receiving support. But, what is unallocated support and how can you benefit?

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Divorce Q&A: What if My Spouse Makes False Allegations of Abuse Against Me?

Divorce tends to bring out the worst in people. And, now that Illinois family law has changed, spouses are turning to more creative ways to “get back at their spouse” during the divorce process. One way they’re doing so is by making false allegations of abuse against their former spouse.

Child abuse is the most common, falsely alleged accusation during divorce proceedings. However, some spouses may allege domestic abuse as well. If this happens to you, it’s important you know the process that follows and your options in the divorce.

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Divorce Q&A: What if My Spouse Doesn’t Participate in the Divorce?

At a basic level, divorce proceedings seem straightforward. However, there are a number of uncommon issues that may surface that can make it more difficult to get divorced. One of these issues is that your spouse refuses to participate in the divorce process.

One of the first questions you may wonder in this scenario is whether you can get divorced if your spouse refuses to do so. The short answer? Yes, you can.

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Divorce Q&A: When the Illinois Marriage and Dissolution of Marriage Act Changed, Did Collaborative Divorce Change as Well?

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) was updated on January 1, 2016. With it came changes we’ve discussed in other articles on the blog – including child custody, spousal support calculations, and more. However, one area many don’t think to look for change is in the alternatives to traditional divorce. One of these areas is collaborative divorce.

But, what is collaborative divorce and how did it change? We’ll discuss these questions and others below.

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Divorce Q&A: Gifts, Loans, and Other Shared Marital Property

Accounting for every financial asset in a divorce is complicated. Accounting for every financial asset correctly is even more challenging.

After all, most couples receive gifts, loans, and other shared property throughout their marriage. And, should the time for divorce come, accurately sorting through all this property can be a greater challenge than most couples anticipate.

With the assistance of a skilled Naperville divorce attorney, you can ensure you receive any gifts you’re owed as well as a fair part of loan repayment and other shared marital assets. Below, we discuss each in greater detail to ensure you leave nothing to chance and receive the settlement you’re owed.

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Divorce Q&A: What Do I Do if my Spouse Isn’t Paying Child Support?

All parents love their children but few are happy to pay child support following a divorce trial or settlement. However, to the receiving parent, these expenses are necessary for childcare, basic needs, education, and more.

It shouldn’t come as a surprise that some individuals don’t pay child support on time. When this happens, it isn’t worthwhile to go to them and ask them to pay. Instead, you need to pursue a number of other options that will ensure you get the money you need for your children.

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Divorce Q&A: Why Isn’t There Custody Anymore?

There are many terms common to the divorce process. Alimony, also known as maintenance, is one of them. Another is custody and in many divorces or divorces depicted in popular culture, it’s one of the most contentious issues.

In Illinois, custody no longer exists.

Instead, there’s something called parental responsibility and it’s removing some of the contentious emotions from the divorce process. If you’re just considering divorce and haven’t yet talked to a Naperville divorce attorney, you likely haven’t heard of the term.

In this article, we’re going to provide a brief overview of what parental responsibility is, how it works in your divorce, and what you need to know.

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