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Phone: 630-932-9100

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Subscribe to this list via RSS Blog posts tagged in Chicago divorce lawyer

b2ap3_thumbnail_Untitled-design-42.jpgStudent loans are common for anyone with a higher education. Since many people have high amounts of student loan debt that takes them decades to pay off, the issue of student loan debt often arises in the divorce process. If you are going through a divorce, you may be wondering how student loan debt will be divided and whether it will remain with the spouse who incurred it.

The truth is student loan debt is treated just like any other debt in a divorce. Therefore, if the debt was incurred before you got married, it is “separate” and becomes the responsibility of the spouse who borrowed the money. 

However, if the student loan debt was incurred during your marriage, it is known as marital debt like a mortgage, car loan, credit card debt, and personal loan. In the event your student loan debt is marital debt, you and your spouse will likely both have repay it.

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 abusive relationships, domestic abuse, Illinois Domestic Violence Act, order of protection, Illinois domestic violence attorneys, Illinois family law attorneys, DuPage County, Centralized Domestic Violence Court, family law, Mevorah Law Offices LLC, Chicago divorce lawyer, Order of Protection in IllinoisDomestic Violence

As we become more aware of the issues and challenges surrounding domestic violence in society, both individual states and the federal government have adopted new laws and protections for victims of abusive relationships.

Domestic violence is defined as “a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner.” Domestic violence is a term that is used to describe threats or actions that are physical, sexual, emotional, financial, or psychological that someone employs in an attempt to control another person.

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same-sex marriage, Illinois, Illinois law, divorce, marriage, marriage equalityMuch has been written about the landmark law passed in Illinois last year legalizing same-sex marriages. Many have weighed in on the subject, be they opposed (like the Catholic Church), in favor (like the American Civil Liberties Union), or blasé (like the US Supreme Court, if the satirical newspaper The Onion is to be believed).

However one feels about it, the law goes into effect statewide on June 1st. On that date, same-sex couples can apply for marriage licenses so that their marriages can receive the same benefits, rights, and responsibilities as traditional, opposite-sex marriages. In fact, for some Illinois residents, including those in Cook and Champaign counties, clerk’s offices have already begun giving out marriage licenses to same-sex couples. This is a result of a federal judge’s recent decision striking down the old state law as violating the U.S. Constitution.

This equality, however, will not necessarily exist outside of Illinois.

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history of divorce, Illinois divorce lawyer, Illinois divorce attorneyDepending on whom you ask, divorce is both a modern contrivance and an ancient right. In Muslim and Jewish religious law, a divorce is fairly easy to acquire for the husband. If a wife wants a divorce, it is more difficult. However, in Western Civilization, dominated by Christianity in general and (at least in Europe) Roman Catholicism specifically, divorce was (and remains) forbidden. Since most of our law derives from England, why is divorce as prevalent in the US as it is? Why do nearly half of first marriages end in divorce in America?

According to an article written by Amanda Foreman and published in the latest issue of Smithsonian Magazine, women’s liberation gave rise to the notion of equitable divorce that is more freely available. But to state blankly that the perceived crisis in marriage is the fault of women is to misunderstand the history of divorce.

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division of property imageDivorce is never an easy process, but it is important to know what it entails even if you never experience it.  In the process of divorce, there are various topics which must be settled, either by the court or through an agreement between the two parties looking to divorce.  Such topics include child custody, child support and division of property.  To truly understand the last topic, division of property, it is important to know how a court looks at property during a divorce.

Illinois has two classifications of property according to their law.  Marital property would be the assets that are divided between the two parties who are divorcing.  These assets are generally obtained during the years of marriage.  They can include real estate, cars, bank accounts and other assets or property regardless of how the title or the deed is held.  Yet there are certain exceptions to this determination.

There are also types of property which can be identified as non-marital.  Types of non-marital property include gifts, inheritances, property itemized in premarital agreements, and other things.  The line between marital and non-marital becomes confused if there is not a clear separation.  For example, if an inheritance is combined with a joint account, then any court may presume that these assets were to be shared between husband and wife.

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