Calabrese Associates, P.C.

Call Us630-393-3111

4200 Cantera Drive, Suite 200 | Warrenville, IL 60555

DuPage County divorce attorney asset division

Financial struggles are cited as one of the most common causes of divorce. Heavy debt and being unable to pay the bills is stressful, which can damage the couple’s relationship. Monetary troubles can also highlight the spouses’ conflicting spending and saving habits. Bankruptcy is one way that a couple may try to resolve their debts and get a clean start, but it may not be enough to save a marriage that has crumbled under the stress. If you are considering both divorce and bankruptcy, you should understand how the two could affect each other. 

Should Divorce or Bankruptcy Come First?

It would be chaotic to file for divorce and bankruptcy at the same time. Not only would you be juggling two major court cases, but most of your marital assets would be tied up in the bankruptcy. Which you file for first may depend on these factors:

...

DuPage County parenting plan attorneysThis is the start of a new school year that is unlike any that students and parents have experienced before. With COVID-19 looming as a continuing threat, some schools are forgoing in-person classes or using a hybrid of remote and in-person learning. For students who are attending in person, parents must monitor their children’s health and news of possible outbreaks at the school. The ongoing health crisis makes it more important than ever that divorced or separated parents work together to make sure they are protecting their children, which may require reviewing and modifying their parenting plan.

How Does Remote Learning Affect Parenting Time?

Parents do not normally have to worry about parenting time when a child is at school, but remote learning means that parents must determine who will be with the child during their “school day” if the child is too young to be left on their own. You and your co-parent need to consider several factors:

  • Is one of you already going to be at home during the day?
  • Are you available to help your child if needed?
  • Can your child create a constructive learning space at your home?

It may turn out that the parent who is most available is not the one who normally has parenting time on school days. If the best situation for your child’s remote learning does not match your parenting plan, you will need to modify the plan.

...

Naperville divorce lawyersMost divorces require at least one of the spouses to find a new place to live. If you know you will not keep the marital home as part of the division of property, your housing search will be one of your top priorities. How do you begin such a search? How will your divorce affect your search? How do you know what is the right home for you? Here are three important tips for finding a new place to live during and after your divorce:

  1. Choose Something You Can Afford: Your housing expenses will be a key component of your post-divorce budget. Whether you are paying rent or a mortgage, your new home must fit within that budget. Determine what you can afford to pay each month, given your income and expenses. Keep in mind that you may have continued expenses related to your divorce, such as child support and spousal maintenance. On the other hand, receiving spousal maintenance may help you afford a better living situation.
  2. Consider Where You Want to Live: Many divorcees have ties to their current area, whether it is their work and social life or their children. You may need to limit your housing search to somewhere that is reasonably close to your children’s primary home if you want to be a regular and active part of their lives. However, divorce is also a chance to start over somewhere new. You may be free to pursue a new job or move to a place where you have wanted to live but could not while you were married. Some divorcees want to move closer to their families if they feel no connection to where they have been living.
  3. Make Sure You Are Compensated in Your Divorce: Illinois divorce law practices equitable division of property, meaning spouses are required to divide their marital properties in a way that is fair but not always exactly even. Your marital home may be the most valuable asset in your divorce agreement. If your spouse is keeping the house, it is reasonable for you to request other valuable assets in return. This could even mean protecting marital properties that you otherwise would have to share, such as your retirement benefits or business interests.

Contact a DuPage County Divorce Lawyer

The assets you receive in your divorce agreement will help determine where you can afford to live following your divorce. By working with a Naperville, Illinois, divorce lawyer at Calabrese Associates, P.C., you can negotiate an agreement that gives you the financial resources you need to start your new life. To schedule a consultation, call 630-393-3111.

 

...

DuPage County Divorce AttorneysWith the way that the COVID-19 pandemic has disrupted society, it is understandable for you to wonder whether the courts are available to hear cases on divorce and other areas of family law. The good news is that courthouses in Illinois are open and operating—but with new rules that prioritize the safety of everyone attending. Courts are also taking advantage of video conferencing to limit the number of in-person meetings while still moving forward with cases. The 18th Judicial Circuit Court of DuPage County began hearing all cases again on June 8 with new guidelines that it will use for the foreseeable future.

Will I Have to Attend Court?

Most cases in DuPage County’s domestic relations court are being heard remotely rather than in person. The exceptions are for hearings involving orders of protection, extended trials, and cases that the court deems to be exigent. The court will judge whether a domestic relations case is urgent based on factors such as:

  • How long the case has been pending and the reason for the delay
  • Whether the case involves a dispute about parenting time
  • Whether there is an immediate risk of danger to minors
  • Whether there is an immediate risk of irreparable harm to the marital estate
  • Whether the case involves misconduct by one of the parties

What If I Am Required to Attend in Person?

The DuPage County Courthouse has strict requirements for those who enter to attend a hearing:

...

Are You Required to Separate Before Divorcing in Illinois?Once you and your spouse have decided that you want to divorce, you likely want to start the process as soon as you are ready. Creating a divorce agreement can take months while you gather information, negotiate the terms, and wait for your court date. You may also wonder whether Illinois requires you to live separately before you can file for divorce. If you ask this question to someone who got divorced five or more years ago, they may tell you that they had to live separately for months or years before they could divorce. However, Illinois divorce law no longer requires spouses to live separately, though proving that you have already been separated can help in some cases.

How Separation Helps

Illinois practices no-fault divorce, meaning that spouses do not cite grounds such as infidelity for divorcing. Spouses will often, but not always, agree on filing for divorce. When a spouse disputes a divorce, the divorce filer only must prove that there are irreconcilable differences. Prior to 2016, Illinois required spouses who both agreed to divorce to live separately for six months before they could file. If they disagreed on getting a divorce, the separation requirement to prove irreconcilable differences was two years. However, Illinois changed its divorce law in 2016:

  • Spouses who both agree to divorce can file immediately.
  • If the spouses disagree, showing that they have lived separately for at least six months will create a presumption of irreconcilable differences.

Even without living separately, citing irreconcilable differences is fairly easy to prove to the court. Even if spouses disagree on whether their marriage can be salvaged, the court may rule that the disagreement is proof of irreconcilable differences.

...
Back to Top