Address 1200 Harger Road, Suite 706, Oak Brook, IL 60523
630-472-9700Available 24/7
Search
Facebook Twitter LinkedIn Youtube Blog
Kathryn L. Harry & Associates, P.C.
630-472-9700Available 24/7
Subscribe to this list via RSS Blog posts tagged in Illinois divorce laws

Posted on in Pet Custody

Lombard divorce and pets attorneyTo animal lovers across the country, pets are an important part of their family. Many go so far as seeing their pet as another child to take care of. This is especially common in marriages without children. Strong feelings toward pets can make some divorce cases even more difficult than they already are, and changing attitudes toward animals and updates to divorce laws have added new factors for couples and courts to consider during divorce.

A Shift in Priorities

Over time, pets have become a staple in American homes, with many homes having two or three dogs or cats running around. The family pet has now become more than just another mouth to feed, but a full-fledged member of the family. This is evident in the sharp rise of money spent on animals each year. The pet industry has seen exponential growth over the last 30 years, increasing from a total of $17 billion in 1994 to an estimated $72 billion in 2018 alone. This increase in spending is more than just a result of higher prices. It is a reflection of the shift in attitude regarding household priorities in America.

More Than Property

In past divorce cases, pets used to be considered marital property. However, it is much more difficult to divide up a living animal in than it is to divide something like a living room set, especially for those who consider themselves “pet parents.” As part of a reflection of changing attitudes, the laws in Illinois have recently changed, and certain factors must be considered when divorcing spouses cannot come to an agreement over the pet’s permanent residence. 

...

Posted on in Spousal Maintenance

Illinois divorce lawyerIn many Illinois divorces, spousal support, also called maintenance, is granted to one spouse, usually the one in a lower income bracket. However, contrary to perceptions in popular culture, it does not last until death. There are multiple occasions when spousal support can legally end before the ex-spouse’s passing, and if you or your spouse may be in one of these situations, it can save you time and money in the future.

Types of Maintenance

In determining what type of maintenance should be awarded (if any), the court will examine a laundry list of factors, intended to accurately assess the needs of the spouse with less capital against the potential cost to the spouse with more assets. Some of these factors include the present and future earning capacity of both spouses, the length of the marriage and the standard of living established during that time, and any previous agreement made by the spouses, such as a prenuptial agreement, that might affect any part of marital asset division. The cessation of spousal support payments depends mostly on the type granted, as depending on which type is awarded, sometimes support may end on its own.

...

Illinois divorce lawyerEvery marriage accumulates assets, classified as marital property, that must be divided upon divorce. However, the division process for assets that have significant value can get much more complex, simply because there must be a more thorough balancing of assets and debts in order to make sure that both spouses get a fair share, rather than leaving one spouse with the lion’s share of the property and one with the debts. It is important to have a good grasp of the process, so you can be doubly sure that you are not being given the proverbial short end of the stick.

Each Asset Is Different

Perhaps the most important thing to understand about this process of asset division is that each situation is different, as well as each couple. Some of the most common high-value assets include family businesses, retirement accounts, real property, and stakes in corporations, and all of these must be handled differently. Even more factors enter into the equation when one assesses each spouse’s role in acquiring or maintaining the asset, as well as numerous other factors generally considered by the court in every asset division.

...
Lead Counsel
AVVO
Newsweek
National Trial Lawyers
Rated by Super Lawyers
Back to Top