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McHenry County Family Law Blog

Comparing and contrasting Illinois fault and no-fault divorce

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For many years, Illinoisans only had one way to get divorce: by showing that the other spouse was at fault for the divorce. More recently, the legal system has moved away from such requirements. But, just because no-fault divorces are now popular does not mean that an at-fault divorce is never the right choice for Illinoisans. To understand which is right for them, keep reading.

No-fault divorces enjoy one major benefit: the spouses need not prove that either was at fault. They simply need to separate for a period of time, and then attest that the marriage is irreparable.

Illinois bankruptcy's effect on child support

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In Illinois, as elsewhere, parents have a duty to support their children. Usually, parents take this obligation seriously. The court system certainly does. But, life is seldom so black and white.

Consider, for example, parents who want to support their children, but are facing bankruptcy proceedings. In these cases, the parent may be willing, but the bank account is not.

What property issues should you think about during divorce?

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Whether an Illinoisan has begun a divorce or is merely thinking about it, the process can be intimidating. That is normal. The process is unfamiliar, while the stakes are life-altering, from alimony to child custody to property division. Add to that mix the emotions that are almost certainly running high, and it is no wonder Illinoisans are nervous. But, those nerves can be alleviated through preparation. To learn more about how to prepare for the property division portion of the divorce, keep reading.

How are Illinois child custody decisions made?

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For Illinois parents and others invested in the well-being of a child, a break up and other scenarios that produce unclear lines of parental responsibility typically poses an important question: how are child custody decisions made? Knowing that can be an important step towards understanding how to maximize one's chances of obtaining custody.

Cataloguing property, a good first divorce step in Illinois

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Married Illinoisans spend years commingling their assets. But, when they get divorced, Illinoisans need to unwind those same assets in a matter of weeks or months. That is not always easy. Who deserves what? How much if fair? Inevitably, each spouse has a different answer to those questions. To prepare for those questions though, it is important to have an accurate picture of the couple's assets. Developing that picture begins with systematically thinking through the various asset categories.

Get behind on Illinois child support at your own peril

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Having a child is a wonderful blessing and an awesome responsibility. One of those responsibilities is financial support. That responsibility exists regardless of whether the Illinois parents are together or separate. Either way, Illinois expects and requires both parents to do their fair share. But, sometimes, what the law considers a parent's fair share and what that parent can actually give are not one and the same. That mismatch can pile up little by little into crushing debt.

Some differences between civilian and military divorces

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This blog mostly focuses on civilian divorces. But civilians are not the only people who go through divorces; so too do many servicemembers. For our men and women in uniform the divorce process often looks similar to civilian divorces. But, at the same time, the process has some important wrinkles. To learn more, read on.

Addressing a few custody FAQs

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Illinoisans generally have a sound grasp of the child-custody basics. But that grasp weakens as they move from the basics to the details. Yet often the details are what really matter. Below are answers to some common questions.

Ex-NBA star may have to sell house to pay child support

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It seems like just yesterday that Larry Johnson was roaming the floor boards of NBA stadiums across the league. But on-court accolades are not the reason why Illinoisans are reading about him this week. Instead, he is drawing attention because he owes a mountain of back-child support -- allegedly $900,000.