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Wakenight & Associates, P.C.

707 N. York Street, Suite 201, Elmhurst, IL 60126

DuPage County | 630-852-9700

Mokena | 815-727-6144   Oak Park | 708-848-3159

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Recent blog posts

Once the summer months fade into fall, children across the country start dreaming of the one night a year they can throw on their favorite costumes to knock on doors for yummy treats and playful frights. However, any holiday event can be difficult for families once a divorce has been finalized, and Halloween is no exception. It's not unusual for children to lack the Halloween spirit because they are still processing their new reality. As a responsible co-parent, it's your responsibility to put aside your own complicated feelings to ensure that your child has the best Halloween ever.

We understand that this may be an emotional event for you as a parent.To help you get through this night, the Illinois divorce attorney s atWakenight & Associates, P.C. have assembled the following helpful tips:

Tip #1: Don't Put Pressure on Your Child

Some parents make the mistake of asking their child who they would prefer to spend a holiday with . this puts an intense amount of pressure on a child that is still reconciling with a divorce and may be afraid to hurt one parent's feelings. How can they have fun running around the neighborhood if they're feeling guilty?

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Like most states, Illinois has its own laws and regulations that govern the distinct line between the divorce process and annulments. Despite misconceptions popularized by media and religious institutions, civil annulments simply affirm that a marriage never existed in the eyes of the law. Conversely, divorce marks the end of an existing and valid legal union.

Illinois courts technically don't offer “annulment of marriage”actions, but you can ask a judge for a “judgment of invalidity.”Legally, there is no difference between these two terms. A judgment of invalidity is a court order stating that your marriage is invalid per Illinois law. However, these are very rarely granted in Illinois except under specific circumstances. If you're interested in requesting a judgment of invalidity, you must first prove to the court that your situation warrants it.

Grounds for a judgement of invalidity include:

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We are currently in the middle of an interesting cultural shift: adults are marrying and divorcing at increasingly older ages. this naturally impacts many aspects of the divorce process, especially when it comes to custody and child support. However, what happens when a couple divorce s and their child is an intellectually disabled adult? Does one parent still need to pay child support?

In Illinois, the answer to this question is inconclusive. Per section 513.5of the Illinois Marriage and Dissolution of Marriage Act, a parent can request financial support for a disabled non-minor child. The statute specifically states that a disabled person is an individual “who has a physical or mental impairment that substantially limits a majorlife activity, has a record of such an impairment, or is regarded as having such an impairment.”

the court considers 3 factors before deciding to award child support for an intellectually disabled non-minor child:

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divorce can be a challenging legal process, but the long-term benefits are typically worth the temporary heartache and struggles. The end of one complicated marriage gives both spouses a second chance at love and romance. However, before you put slip on a new ring, it's important to understand how your new marriage can affect the terms of your original divorce settlement .

the financial Obligations of a Post-divorce Life

A divorce settlement is essentially a legal agreement that encompasses the terms of a couple's separation. Before spouses can finalize their divorce , they need to make decisions regarding spousal maintenance, child custody, child support, debt allocation, and asset division. These determinations are important aspects of their divorce settlement .

Spousal Maintenance

Because your new marriage naturally alters your financial situation, itmay impact the original terms of your divorce settlement . For example, the Illinois Marriage and Dissolution of Marriage Act states that both former spouses can request a modification or termination of payments under certain circumstances.

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In an Illinois divorce , the court determines asset distribution and debt allocation based on “equitable distribution.” As the term implies, equitable means fair, not equal. this flexible system means that separating spouses may not receive a strict 50/50 split.

the court considers multiple factors when determining equitable distribution:

  • Duration of the marriage
  • the earning abilities of both spouses
  • the best interests of the child
  • the value of the marital estate
  • Various tax considerations
  • Marital vs. non-marital property

But what happens if you inherit assets and property in the course of your marriage? Is it considered part of the marital estate?

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