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When parties are married, there is a certificate of marriage that identifies the parties using their given names. After the parties are married, a spouse may or may not use the exact name on the certificate of marriage as the name of the spouse during the course of the marriage.
Parties to a marriage, whether living together or separated, can request emergency relief in a form of an Order of Protection.
Discovery is a legal way to find out information, and obtain documents relative to representation of a client.
When you and your husband decided you’d stay home and raise the kids, it was a decision you both felt good about. "We’re a team" - you thought. "What’s his is mine. And what’s mine is his. We’re building a life together." Not once in your life did you ever think you’d one day be telling your friends “My husband wants a divorce.”
As a result of the marriage, rights and obligations were created for you and your spouse with respect to certain legal monetary and property rights. And if you have children together, you also have legal obligations with regard to the care and financial support of your children.
One of the most common questions we’re asked is, "How do I ask my spouse for a divorce?" Well, there’s no one-size-fits-all answer, but here are a few tips to help make an uncomfortable conversation go as smoothly as possible.
There has been some talk in Illinois divorce circles lately that the “grounds for divorce” may be eliminated. You may be asking yourself “if they eliminate the grounds for divorce, how will people be able to file? How will the courts know the reason for the split and be able to factor that reason into the final judgement of divorce?”
When you’re going through divorce, there are so many things to think about – so many topics to consider and important decisions to make. It can be downright mind boggling. Who gets the house? What kind of visitation schedule would work best? How do we divide our assets?
When it comes to divorce, as with just about anything else in life, the more prepared you are ahead of time the better. When you’ve got all your ducks in a row, the process can go much more smoothly and will likely be resolved much faster – something that is important to most divorcing couples.
These days we’re seeing more and more marriages end for those over age 50. These so called gray divorces come with their own set of unique circumstances and they differ greatly from divorces between younger couples.
So there you have it. What you thought would never happen to you has officially happened. After a 30 year marriage: divorce. Becoming single again after such a lengthy marriage can be a frightening time filled with uncertainty. There are so many things to think about to ensure that you’ll be ok.
There’s no question – getting through divorce is never easy. Between dealing with the loss of your marriage, to splitting up assets to developing parenting plans and anticipating life as a single person again, you are no doubt experiencing a whirlwind of emotions, not the least of which is stress.
Given the current state of the economy, it’s not surprising that more and more couples are choosing to continue living together even after they divorce. Cohabitation after divorce may seem like a strange even impossible concept for some former couples, but for others, it’s completely doable.
Chances are, when you got married, you were both equally as excited to start your new life together. Unfortunately, when it comes to ending a marriage, the situation isn’t always so balanced. If you’re leaning toward getting a divorce but your spouse doesn’t want to hear it, it can be incredibly frustrating.
One of the most difficult things about divorce is the many significant life changes that come along with it. Suddenly you may find yourself looking for a new place to live, having to get back into the workforce, managing your finances on your own or adjusting to a visitation schedule with your kids.
Once the dust has settled and you’re over the major hump of getting divorced, it’s natural to start considering dating again. But how can you really know if you’re ready? How can you make sure you don’t make the same mistakes again? Most importantly, how can you protect yourself from getting hurt once you put yourself out there again?
As with most legal matters, the process of getting a divorce differs from state to state. If you live in Illinois and you’re contemplating or have already made the decision to dissolve your marriage, there are certain things you need to know in order to make the process go as smoothly and quickly as possible.
When I was growing up there was a DJ on the radio that had a thing called “Desert Island Discs” and the idea was if you were stuck on a desert island and could have only one album to listen to over and over, what would it be? As a music lover myself, I couldn’t possibly imagine listening to only one album for the rest of my life, so when it comes to divorce and determining what the one asset you must protect in a divorce should be, the choice seems equally impossible.
When it comes to ending a marriage, among the most important things to consider are the concepts behind fair divorce settlements, or more specifically, how to get one.
Have you ever noticed that if someone standing next to you yawns, you’re more likely to yawn too? It seems that yawns are contagious and apparently, so too is divorce!
As you realize that a divorce is imminent, you will undoubtedly spend lots of time researching, collecting documents, interviewing attorneys, etc. Even though these activities take up much of your time, you must remember to put your children first. Of all of the parties to a divorce, children are the ones who often suffer the most.
When looking at this issue it is easy to be mislead into thinking that there are easy solutions to this problem. Current research gives some very pat answers to a question that is extremely complex. The key to understanding the insurance dilemma facing divorced spouses is to look at long term solutions and to understand the need for an advisor to negotiate the process.
Annulment: A Declaration of Invalidity of Marriage Petition seeks a judicial ruling that a valid marriage never took place, that the marriage is not legally valid and that the marriage does not legally exist. Legal Separation: A Legal Separation Petition seeks a judicial ruling that one spouse should pay another spouse child support or spousal maintenance, and distribution of property, without seeking to dissolve the marriage.
Real estate lawyers should learn the family law implications of property conveyances, and divorce lawyers should know the pitfalls of transferring real property incident to divorce. This article is designed to alert both sets of lawyers to some of their most basic common concerns.
Upon the filing of a lawsuit and the serving of a summons upon the other party, both parties are restrained from physically abusing, harassing, intimidating, striking, or interfering with the liberty of the other party, or of any minor children.
Grounds for a fault divorce in Illinois are impotence, bigamy, adultery, desertion for one year, habitual drunkenness or drug addiction for at least two years, repeated and extreme physical or mental cruelty, felony conviction or imprisonment, and infection with a sexually transmitted disease.
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