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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

Every state handles divorce in a slightly different way, whether it involve show assets and property are divided, or if fault is required to file fora divorce . In Illinois, a spouse can file for divorce under traditional fault grounds, but it is also possible to file under irreconcilable differences, which is essentially a no-fault option.

Below are some of the fault grounds under which you can file for a divorce in the state of Illinois:

  • Impotence
  • Bigamy
  • Adultery
  • Abandonment of a spouse for at least a year
  • Alcohol abuse or drug addiction that lasted for at least two years
  • An attempt to take the other spouse's life
  • Extreme or continuous physical and/or mental cruelty
  • A spouse is a convicted felon
  • A spouse infected the other with a sexually transmitted disease

It is important to note that none of these fault grounds will have much or any impact on the outcome of the divorce in regards to determining alimony or how property and assets are to be divided. However, some of these factors can play a role in determining child custody and visitation .

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If you have never gone through a divorce , you might not know what to expect during this inherently emotional process.While no two divorce s are alike, there are some things you can expect to happen, especially if your case ends up going through litigation. with a little more clarity and insight, you can navigate this situation with more realistic expectations and ease.

Below are some things you can expect to experience during the process of your divorce case:

  • Court is nothing like what you see on television: When you watch a courtroom drama, you have to keep in mind that divorce is nothing like what you see portrayed on the screen. The reality is that divorce litigation is a slow process and many of its complexities are not captured in TV shows or movies.
  • You might feel like you are at a disadvantage: Generally, both spouses will end up feeling like they are at a disadvantage. The petitioning spouse might feel like the process is not moving fast enough while the other spouse might feel like he or she is being dragged along. If the divorce took you by surprise, you might feel even more overwhelmed and unprepared.
  • Your dislike for your former spouse might be hard to hide sometimes: If you have children , you are going to have to try to set aside your dislike for your ex-spouse. The last thing you want to do is affect their relationship with their parent, regardless of how you might feel about him or her.At times, this might seem near impossible to do, but instead of voicing your anger and frustration around your children , consider therapy or venting to a close friend.
  • You might feel like a failure: You can expect your divorce to make you feel like a failure. You mightalso feel like you wasted a lot of time on something that ultimately did not work. Do not let these emotions take you for a ride and remember that, though it is painful, these are not unusual feelings to have. Find a healthy outlet for them instead of wallowing in it.
  • Your children will be affected: No matter how well you handle it, a divorce will always impact your children . Instead of trying to pretend that you can stop this from happening, focus on trying to help them cope with the inevitable changes and encourage a continued relationship with their other parent.
  • You are going to make some mistakes: with a divorce attorney , you can avoid making legal mistakes, but you can still expect to make some parenting or dating mistakes. The important thing is to be able to learn from them and to become a stronger, more self-aware person.

divorce attorney s in Illinois

If you have decided to move forward with a divorce , you will need an attorney on your side who can effectively guide you through it and protect your interests. At Wakenight & Associates, P.C., our divorce attorney sin Illinois are dedicated to providing the advice and skilled legal guidance you need to navigate the law, the courts, and any unforeseen obstacles you might encounter.

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divorce can be complicated and, for business owners, it can be even more difficult to navigate as you begin to untangle and divide certain assets and liabilities. In Illinois, once property is classified as separate or marital and assigned a value, it will be distributed among both parties. this can be fairly straightforward when it comes to bank accounts, buta little hairy when it comes to a business.

How divorce Can Impact a Business

divorce can put you in a tough position if you own a business. Your former spouse might end up becoming your business partner, or you might have to give up a large chunk of your business, neither of which sound like great options. However, if you have other valuable assets, such as cars, another home, stocks, retirement accounts, you might be able to pay your former spouse his or her share of the business with these items rather than giving up part of your business, allowing you to keep the business you worked so hard to grow.

If you are not interested in keeping your business, you might also consider liquidating it and splitting the proceeds with your ex-spouse.

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If your marriage is troubled and you are considering your options moving forward, you have likely considered the idea of getting a divorce or legal separation. You might also be wondering what the differences between the two are and which is more suitable for your goals. These are important and valid questions, so before you settle on either one of these options, take a moment to learn more about them and what they could mean for your future.

Legal Separation

When you choose to legally separate from your spouse, the process is actually not that dissimilar compared to the process of filing for a divorce . The key difference in a legal separation is that you will remain married to your spouse. For those who wish to continue to work on their marriage, but no longer want to share a residence, this is could be an ideal course of action.

Much like a divorce , your rights and obligations regarding issues like child support and alimony will still be legally defined. Issues like property division, however, are generally not addressed in a legal separation. If the two of you ultimately decide that the marriage is not worth saving, you can always opt for divorce later on. Given that you will have already addressed some of the more heavily contested issues, such as child custody, child support, and alimony, your divorce will go a little more smoothly.

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Posted on in Uncategorized

the end of a marriage is not only devastating, but it also leaves a number of financial and logistical issues in its wake. One of the main problems that many separating couples may need educate themselves about is how divorce will change their tax burden. Below are the following topics that might make the first year of tax-paying after divorce more complex - and how to deal with these changes.

Marital Status

the most apparent change on your tax return when you get divorce d is the change in filing status. TheIRS looks at whether you were married on December 31 to determine whether you need to file as a married or single payer. So, those who divorce late in the year are treated as unmarried for the entire year, while if you were divorce d in the following January or later, you'll still need to file your tax return as a married couple.

Claiming children as Dependents

If you have children who qualify as tax dependents, then one important question will be which parent gets to claim the exemption for those kids.Not only do exemptions get you a reduction in taxable income, but they also help determine which parent can claim lucrative tax credits.

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