April 11, 2020 Hurst, Robin & Kay

Chicago Divorce Lawyer

Divorce Lawyer Chicago, IL

Divorce Lawyer Chicago, IL

Our divorce lawyer Chicago, IL trusts know that if you’ve either decided that you’d like to file for divorce or you’re thinking that you might need to file for divorce if your marital circumstances don’t improve soon, you may be wondering if there is an optimal time to file your official divorce petition. Every Illinois divorce case is different, so there is no single “best” time to file for divorce, generally speaking. With that said, your unique circumstances will help you determine when the “best” time may be for you to file.

It’s important not to make too many assumptions about timing your divorce until you’ve spoken with an experienced Chicago divorce lawyer residents trust. Because every marital situation is different, the best approach for someone else might not be the best approach for you. Once you speak with an experienced Chicago divorce lawyer, you’ll be better placed to make an informed decision that will serve your best interests.

Our Chicago divorce lawyer can recommend understands that when it comes to divorce, there are many misconceptions or points of confusion. When you and your spouse have gotten to the point where you believe divorce is the option, you may also be interested in learning more about legal separation and how legal separation differs from divorce. When it comes to both divorce and legal separation, you will still be dealing with some of the same issues, including things like alimony, how you wish to divide your property, and what the child visitation or custody looks like. When you go through this, it is best to have the help of your Chicago, Illinois divorce lawyer on your side so that we can ensure this process goes as smoothly as possible. To speak with our team, please give our office a call. 

Table Of Contents:

Timing Your Divorce – Considerations

When thinking about the best time to file for divorce, you’ll primarily need to think about three categories of challenges.

  1. Property – It’s important to secure a fair divorce settlement so that you can transition into your newly single life as financially stable and secure as you can be. Timing your divorce in a certain way may affect your property interests. For example, if you and your spouse are going to sell your primary residence and split the proceeds in your divorce settlement, you may want to ensure that you don’t file for divorce at a time when the real estate market is tanking.
  2. People – Is anyone else in your life going to be particularly affected by the timing of your divorce? For example, do you have minor children who would benefit from finishing their academic year before undergoing a major life transition?
  3. Practical Concerns – There are seemingly endless, physical, emotional, and practical concerns that need to be addressed during the divorce process. Will either waiting or speeding things up help or hurt you in any specific way? Only you can evaluate what is best for you, but our firm can help to guide you as you weigh your options.

Chicago Divorce Law Statistics

According to Illinois Department Of Public Health,  “In 2020, there were 1.6 divorces per one thousand inhabitants in Illinois. This figure is a decrease from 1990, when the divorce rate was 3.8 divorces for every one thousand inhabitants in the state.”

Divorce rate in Illinois

Commingled Marital Assets

One of the most complex parts of divorce is property and asset division. This can become even more complex when the couple has mixed both marital and non-marital assets and property. Illinois is an equitable distribution state, which means that when a couple divorces, their assets are divided in a fair and equitable way. This is different than community property states, where assets and property are divided 50/50. It can get confusing if assets have been commingled. If you are going through a divorce and have a complex property division situation, contact Hurst, Robin, Kay & Allen, LLC to speak with a Chicago divorce lawyer  clients trust.

The legal definition of commingling is when there has been the mixing of funds that belong to one spouse with the funds that belong to another spouse. Marital property is defined as any property that was acquired by either spouse during the marriage. Non-marital property is a property that either spouse owned before the couple was married. Non-marital property is also any inheritance or gift that one spouse received either before or during the marriage.

For example, let’s say one of the spouses obtained financing to purchase a vehicle before the couple wed. Then, during the marriage, both of the couple’s paychecks were deposited into a joint checking account and the vehicle payment was made from that joint checking account each month. By doing this, the non-marital property becomes marital property and if that couple divorces, the vehicle would then become part of the marital estate.

When assets become commingled, it can cause an issue in that equitable asset division, especially since the law in Illinois mandates that each of the spouses keep all of their non-marital assets. But if the non-marital property cannot be identified, then it could end up as part of the marital estate. In order to avoid this issue, there is a legal procedure that the Illinois courts have set up, referred to as tracing. This is where the value of the asset or property is traced back to its origination. This can be a very complex process, requiring records, documentation, and investigation. This is why it is recommended for anyone going through a divorce with this type of complex asset and property division to work with a Chicago, IL divorce lawyer.

contact our Chicago Divorce Lawyer

The Stats on Gray Divorce

It is estimated that one out of every three men and one out of every two women who are in their 50s today will live to be 90. For married couples, about half of them will have at least one spouse still alive at the age of 92. Similarly, a survey of members of the American Academy of Matrimonial Lawyers (AAML) noted an almost 65 percent increase in the divorce rate of couples who were more than 50 years old. These divorce cases mainly involved issues such as alimony, retirement accounts and pensions, business interests, and real estate. Trying to navigate through this type of divorce without a skilled Chicago, IL divorce lawyer could mean that you will not receive your fair share of the marital estate.

Considerations for Older Couples Who Divorce

It is no secret that people are living longer and longer following retirement. This also means that the incidence of divorce for those who are age 50 and older has skyrocketed. Even long-married couples are no longer willing to remain unhappily in marriages that may last 20 or 30 years beyond retirement. The prospect of spending even more time together at an older age is enough to result in one spouse or even both spouses seeking a divorce. For the older couple, however, the issues in the divorce may be quite different than for a younger couple or a couple who has been married for a shorter period of time. This is why it is important to speak with a Chicago divorce lawyer if you are considering a divorce.  

Implications for Older Divorcees

Divorce after the age of 50 can have major implications for retirement security, particularly for women more so than men. While those who divorce earlier in life have additional years to make up any retirement losses related to the divorce, those who divorce later in life very well may not have enough time to do so, simply because they have fewer years left to work before retirement, or perhaps none left at all.

Divorce Financial Planning

One way to combat this problem is to incorporate financial planning services in your divorce. Your Chicago divorce lawyer can refer you to a financial analyst or advisor who is experienced in working with divorce cases. This professional can help you devise a strategy in your divorce that is best designed to protect your financial interests and ensure an adequate income flow for your current situation and beyond into retirement. Every marriage is different, and each couple has different levels of income and assets. Therefore, divorce financial planning should squarely address your personal situation and interests. For instance, one typical issue that arises in gray divorce is the marital home or other real estates. Homes use cash, not generate it. Therefore, it may not be in your best interest to retain the marital home, because it simply may not make financial sense. A financial planner can help you determine what the best decision is for you in this situation from a purely financial perspective.

Things You Should Avoid When Getting Divorced

When you are preparing for your divorce, your Chicago divorce lawyer will tell you that there are a few things you should not do during the divorce process. Especially if the divorce is unfriendly or contentious, you want to make sure you have covered every base by speaking with your lawyer. 

  • Don’t forget to make changes to your estate plan. This is a huge one. Just because you get a divorce does not mean you will automatically have changes to your will. Instead, if you want to make sure your ex-spouse does not get anything from your estate plan, make sure you speak with your lawyer about making the necessary changes.
  • Don’t be dismissive of mediation. Many people may believe that if the divorce is already ugly then there is not going to be any shot of mediation happening. This does not have to be the case, though. If you and your spouse are arguing about splitting up your assets, your lawyer may encourage you to consider mediation as a possibility.
  • Don’t post everything on social media. Your friends and family probably already know you are getting a divorce. Social media is not the place to post about it, though. Whether you feel like dragging your spouse’s name through the dirt or just need a place to vent about the difficulties you are facing, social media can be too public of a place, even if your account is private. Your spouse and their lawyer will likely still have access to your posts and it could make your divorce process bumpier. 
  • Don’t settle for what you don’t deserve. You may want to be out of this marriage as soon as possible. This could lead you to make decisions that are not in your best interest, like paying too much in alimony or giving your ex-spouse the house you love. Don’t give them this satisfaction. Talk with your lawyer to see how you can get a fair deal during this difficult time. 

Getting a divorce is not usually an easy process for anyone. However, when you work with a divorce lawyer you trust, you know you are getting someone who is savvy, knows the laws, and is there to protect your best interests. Don’t try to go at this alone. Speak with one of our lawyers to see what we can do for you. 

Chicago Divorce Law Infographic

infographic

How Should You Navigate Your Divorce at Work?

As you prepare your finances, shared children, and mental health for divorce, do not forget to include your employer. You need not go into great detail about your divorce at work, but it makes sense to tell specific individuals. Your divorce lawyer in Chicago, IL, from Hurst, Robin, Kay & Allen Law may offer more in-depth advice about navigating divorce at work, but here are a few essential insights to get you started. 

Let Your Boss Know

Tell your immediate boss about your divorce. Simply saying you’re getting a divorce should suffice. Then, let your boss know you’ll do everything possible to keep your situation from affecting your work performance. If you must miss work to meet with a Chicago divorce lawyer, let your boss know as far in advance as possible.

Go to HR

You may have your current spouse listed on insurance forms, pension plans, and other employer-sponsored financial accounts. Sit with an HR representative to see what paperwork you must fill out or update. For instance, you may need to change tax withholdings or the beneficiary listed on an insurance plan.

Be Kind to Yourself

While you want to keep work disruptions to a minimum right now, you must be kind to yourself. If you find it hard to focus or get work done, ask your boss if you can take some time off or take longer breaks. It could be better to step out of the office for a while rather than stay and submit subpar work. You do not want to make your co-workers’ jobs harder because you feel like you must push through difficult emotions.

Do Not Make Rash Decisions

You may feel tempted to quit your job right now or turn down a raise or promotion to reduce your earnings if you must pay alimony as part of your divorce settlement. Refrain from impulsive decisions, as they may harm you more than you realize. You do not want to put your career or position in jeopardy, especially because you must rely on a single income now.

Think About Your Financial Health

Rather than turn down a promotion or raise, it could make more sense to ask for a promotion or raise if you anticipate needing more income to meet financial obligations after divorce. Ask your legal team at Hurst, Robin, Kay & Allen Law for advice on how to time promotions and raises, so they do not benefit your soon-to-be former spouse.

Pets and the Divorce Process

When you are getting a divorce, one of the most important questions you have might be this: what will happen to my beloved pet? You may want full custody of your pet because they are your best friend and a member of your family. There are different laws depending on the state you are in, and Illinois has its own set of rules when it comes to the custody of pets after a divorce. If you are going through a divorce and want to ensure your pet is taken care of and are hoping to fight for custody of them, do not hesitate to get help through our legal services. 

Are pets considered property?

You might be concerned because you have heard that during divorce, pets are treated like a piece of property. For those who have close relationships with their pets, the idea of this might even sound crazy. How can a family member be treated like a piece of property? Over the years, laws have adapted to include pets in a different way because getting a divorce does not necessarily mean you can split ownership of your beloved pet right in half. 

So, how is pet ownership determined? 

The last few years have seen big changes in divorce laws, including custody of pets. Now, it is up to the judge involved in your divorce case to determine what is in the best interest of your pet, similar to how they might determine what is in the best interest of a child during a child custody case. It’s true that pets are technically still considered property, but a judge will take into consideration which spouse will be able to take care of the pet best. This means learning who will take them on walks, getting them the right medication for their illnesses, taking them to the groomer, and more. 

What if we want to share custody of our pet?

In instances where both spouses are found to be equally considerate of the pet’s needs and will love and take care of them, a judge may award each spouse joint custody of the pet. In this instance, you and your spouse may wish to set up a custody schedule with each other for the judge to approve. If not, the judge will determine the custody for you. Don’t leave your pet’s life up to chance. If you want to fight for custody to make sure they are in a loving and caring home, reach out to our lawyers now. 

Seven Myths About Divorce

Myth: There Is a Set Timeline for the Divorce Process

Fact: Every divorce is different, so every divorce will take a different amount of time. Depending on the state, you could be divorced in as little as two weeks or as long as one year plus 45 days. Your Hurst, Robin, Kay & Allen Law attorney could tell you that in Illinois, it can be anywhere from 30-60 days.

Myth: Divorce Will Cost Me a Set Amount of Money

Fact: Since every divorce is different, there’s no set amount of money your divorce will cost. Across the country, a study by Nolo reports that the average cost of a divorce lawyer is $11,300, with a median of $7,000. That’s before any fees for filing for divorce, custody investigators and more. The average cost of fees is $1,480, and the median is $500. Your Chicago divorce lawyer, should be able to give you a list of their fees.

Myth: Only Women Receive Alimony

Fact: If the couple divorcing are a stay-at-home-dad and a highly regarded surgeon mom, mom may end up paying dad alimony. Your divorce lawyer in Chicago, IL, may be able to tell you if alimony will even be an issue in your divorce.

The Marital Estate Will Be Split Equally Into Halves

The marital estate will be split equitably between you and your spouse. While that may mean a 50/50 split, it’s far more likely that tradeoffs will have to be made. For example, you could split your pair of recliners 50/50, or you may let your spouse have them both in exchange for taking on additional marital debt.

The Mother Always Gets Full Custody

There are still judges out there who default to the mother for full custody, but you’re probably going to end up with joint legal custody, and possibly with joint physical custody, too. Legal custody dictates who gets to make major decisions for the child, and physical custody refers to who the child lives with.

Visitation Can Be Limited if You Don’t Pay Child Support

Visitation and child support are completely separate entities. Even if you don’t pay a dime in child support, you still have every right to your parenting time with your child. Your Hurst, Robin, Kay & Allen Law Chicago divorce lawyer, may have to take your spouse to court if he isn’t letting you see your children.

It’s Better to Stay Married for the Sake of the Kids

Kids are smarter than most people give them credit for. They know when their parents are unhappy, and often attribute that unhappiness to something they did. It’s far better to get a divorce for the sake of the kids.

 4 Steps To Take After Being Served Divorce Papers

When you are served divorce papers, you are put on notice that your spouse wants to legally dissolve your marriage. This starts a clock by when you must file an answer to the divorce petition, and failing to do so may negatively impact your rights and your claim to your assets. Follow these four steps if you don’t want a divorce by default. 

  1. Hire a Family Lawyer

Even if you agree with the divorce and believe that the claims made in the petition are accurate and fair, you should still hire a family lawyer to represent you. Working with legal representation that has experience with divorce cases can make the process smoother for you. If your divorce is tricky, a lawyer can act as a mediator and help you understand your rights regarding custody, visitation, alimony, and the divisions of assets. 

  1. Respond to the Divorce Papers

Your lawyer will help you respond to the divorce petition and make a counterclaim before the deadline. Responding is essential because it shows the court that you want to exercise your legal rights. A counterclaim outlines how you want to divide the assets and what custody arrangements you believe are in the best interest of your children. 

  1. Be Smart With Your Finances

Your lawyer will request copies of your financial records to help you build your case. Those records will show proof of your assets and what you’ve financially contributed to the marriage. Open a bank account that is in your name only and deposit your paychecks in your new account. Do not move any of your joint assets to this account or hide assets in any way. Doing so may impact what you can claim in the divorce settlement. 

  1. Go Through Mediation

The majority of divorce cases are settled through mediation, which means they are resolved out of court. Having a lawyer by your side at this stage can be crucial because he or she will fight for your best interest using the law to your advantage. If you and your spouse cannot reach a settlement, the case will go to trial, which means a judge will decide what’s fair. Going to trial can also draw out the divorce process and cost you time and money. 

If you have been served with divorce papers, contact our Divorce Lawyer Chicago, IL for help. You’ll receive guidance on what steps to take, as well as information about your rights.

What To Ask Prospective Divorce Attorneys

What Is Your Academic and Professional Experience Level?

Before you hire a Chicago divorce lawyer, you should discuss the experience levels of all your prospects. For example, you may ask the attorneys at Hurst, Robin, Kay & Allen Law where they went to school, what degrees they have, and what specialized training they have completed. You may also ask how they stay up-to-date on new laws. Do they attend conferences or take courses? Ask about any family law certifications.

Next, you should discuss their experience. For example, how long have they practiced law, and how long have they practiced divorce law in particular? Ask whether your potential attorneys specialize in divorce and how much of their caseload involves divorce law. You may also ask about the number of family law cases they have handled and won.

What Is Your Communication Strategy?

You want an attorney who will remain in regular contact with you. Therefore, you need to ask the divorce lawyer in Chicago, about the communication methods employed with the firm. For example, do the attorneys prefer to phone, text, or email communications, and how often should you expect an update? Find out how long you may have to wait for a return call and who to contact in an emergency. Many firms, such as Hurst, Robin, Kay & Allen Law, will also discuss your communication needs and desires.

What Is Your Analysis of my Case?

In the initial consultation, which is often free, a Chicago divorce lawyer will speak with you about your case. You will discuss all the facets of the divorce process as well as the laws that apply to your case. Expect to be asked what you want. For example, do you want custody of the children, alimony or communal assets? Your attorney will tell you what may make your case stronger.

Then, your prospective lawyers should discuss their strategies with you. This will include the negotiation process. You can ask about the expected ruling from the judge, but don’t be surprised if your attorney cannot guarantee a result.

Who Works on my Case?

You should also ask who in or outside the office will work on your case. For example, will a private investigator be hired? Also, will most of your paperwork be handled by paralegals and assistants? What about the negotiation process? You want to be sure your Chicago divorce lawyer has the resources and support staff necessary to take on your case.

Chicago Divorce Law FAQs

What Happens If I File For Bankruptcy?

Unfortunately, divorce has caused some people to lose their homes. Some divorcees have found themselves in homeless shelters or having to live with relatives temporarily. In some instances, the sudden change in finances, coupled with the monthly costs of spousal support and child support can result in you needing a financial planner. You may even consider filing for bankruptcy. If you’re considering filing for bankruptcy, there’s no need to be ashamed. Millions of Americans file for bankruptcy each year.

The most common bankruptcy chapters are Chapter 7 and Chapter 13. Chapter 7 bankruptcy erases a lot of your unsecured debts, such as credit card debt, medical bill debt, and others. When you file for bankruptcy, the judge issues a temporary automatic stay on your property and bills so that no one can seize your property and your creditors can’t pester you during this time. 

In particular, Chapter 7 bankruptcy gives you a fresh start. You liquidate your assets and sell them off. You can start a new life with the money left over. Less debt and a clean slate are bound to make paying for yourself post-divorce much easier.

As for Chapter 13, you agree to a payment plan. This payment plan ranges from three to five years. You’ll need to prove that you have or will make enough money to pay off your debts during this timespan. Then, your debts are consolidated and rearranged. 

However, neither bankruptcy can erase your debt if you’re in child support or spousal support arrears. The law obligates you to pay these bills every month regardless of a court’s automatic stay. Because divorce and its aftermath are expensive, you should consult with a knowledgeable divorce lawyer in Chicago IL immediately. Let Hurst, Robin, Kay & Allen, LLC handle your divorce proceedings to minimize your losses.

What Are Illinois’ Marital Property Laws?

Illinois’ marital property laws state the property you owned before you married remains yours after the divorce. A judge cannot touch this property nor order you to distribute it. Any property you acquired during your marriage you can expect a judge to split equally between you and your soon-to-be ex. Of course, if the property you acquired is yours through gift or inheritance, then it’s protected should you divorce. Furthermore, a prenup or postnup will take precedence over marital property laws so that you can protect the property you acquire during the marriage, too. On the other hand, you and your spouse could agree to divide or give to one another property that each of you had before marriage in a prenuptial agreement. 

Is Mediation Best?

It may still be a shock that you and the love of your life are separating. It may be especially devastating if children are involved. The dreadful depictions of messy, tug-of-war divorces can scare you from wanting to go to court or get divorce lawyers. Fortunately, a compassionate and skilled Chicago IL divorce lawyer from Hurst, Robin, Kay & Allen, LLC can provide you with a neutral third-party mediator. Mediators are attorneys who help you and your soon-to-be ex-spouse settle matters without going before a judge. A mediator can help you two come to agreements regarding child custody, dividing property, living arrangements, etc. For more information, contact us at 312-854-7670. 

Do I Have To Pay Spousal Support?

The state of Illinois does not require you to pay your ex-spouse alimony, now known as “maintenance” but better known as “spousal support.” However, divorce court judges are likely to order one spouse to pay the other maintenance during a divorce settlement. Your gender does not matter. Whether you are the man or woman, you may become obligated to pay your ex monthly maintenance so that she or he can continue living as she or he lived during your marriage.

Before a judge renders this financial obligation, she or he will consider a multitude of factors, such as your ex’s capability of supporting herself or himself, earning capacity, her or his lifestyle during the marriage, and more, including:

  • Emotional conditions, such as whether your ex requires emotional therapy
  • Physical conditions, such as whether your ex requires physical therapy (for an incident that occurred during the marriage, even if not at your hands, like a car accident or slip and fall accident)
  • The length of your marriage
  • Yours and your ex’s age(s)

Here is the formula for how a judge will determine the maintenance you’ll owe. It’s 33% of the payer’s net income minus 25% of the receiver’s net income. The number of years you’ll be required to pay varies. For example, if you and your spouse were married for ten years, one of you will have to pay maintenance for four years and four months. If you’ve been married for sixteen years, one of you will have to pay the other for six years and eight months. Because these calculations can be confusing and complex, consult with the best Chicago divorce lawyer has to offer by contacting us at Hurst, Robin, Kay & Allen.

Do I Have to Pay Child Support?

When a couple decides to call it quits, a common point of contention is child support. Even seemingly loving parents may have concerns about being put on child support. After all, we’ve all seen and heard stories of ex-spouses who’ve had to pay excessive amounts of money (e.g., $20,000; $250,000; $1,000,000) per month for one or more children. We’ve also heard horror stories of ex-spouses, men, and women, who’ve wound up homeless after losing everything in a divorce. Some desperate parents have even gone as far as taking their lives or the lives of their children to avoid paying child support.

So, must you pay child support, and how is the amount you pay per month calculated? Although spousal maintenance is optional, yes, you must pay child support. Child support is the right of the child, not the parent. The law of every state, including Illinois, requires the non-custodial parent to pay child support until that child reaches the age of majority (18), unless an exception applies, in which case, you may have to pay even after your child is an adult.

This requirement isn’t something you can contract your way out of, even if your ex-spouse doesn’t ask for it in the divorce.

If you are considering a divorce, it is important to consult a qualified divorce lawyer in Chicago, IL promptly. A divorce is a complicated and stressful matter, and you should not have to go through it on your own. Here are some frequently asked questions and answers about divorce.

Will My Spouse Get Half of Everything?

A common concern many people who are going through a divorce have is that their spouse will get half of everything. However, Illinois is an equitable distribution state. Therefore, marital assets may not necessarily be divided equally. A judge will consider several factors for determining a fair distribution of marital property, such as what each spouse contributed to each asset and the length of the marriage.

How Long Will It Take to Resolve My Divorce?

A divorce is a stressful ordeal, so you naturally want to get it over with as quickly as possible. However, no two divorces are the same. Some divorces may settle in just a few months while others take more than a year to resolve. Generally, the more things you and your spouse agree on, the faster your divorce will settle. If there is a lot of hostility between you and your spouse and you argue about every little matter, your divorce may take longer.

Can I Talk About My Divorce on Social Media?

Some people use social media to vent their frustrations about their divorce. While this might seem harmless initially, it can actually do a lot of damage. That is why your Chicago divorce lawyer may advise you against talking about your divorce on Facebook and other social media profiles. The other side may be lurking on your social media pages to find information to use against you.

Is It Okay to Date During a Divorce?

While there’s nothing illegal about dating someone new during your divorce, it is not recommended. Having a new romantic partner during this time might actually make things more stressful. For example, your spouse may find out about your new significant other and become angry, making negotiations more difficult. If you have kids, having someone new in your life can make them feel more stressed and upset than they already are. To avoid further complications, it may be best to avoid dating for a while.

What can I do if I do not receive court-ordered child support and maintenance payment and the court ordered me to receive some?

If the court has ordered your spouse to pay some form of support such as child support or maintenance/alimony, and your spouse is not making those payments then your divorce lawyer in Chicago IL is going to be able to draft a letter within which they can demand the immediate payment of all missed payments. And if your spouse refuses to respond to the letter or pay you, the divorce lawyer in Chicago IL that you are working with is going to be able to petition for indirect civil contempt and they can ask that the court hold your spouse in contempt of court. This is able to be done because this is a court-ordered payment.

How can I find out if my spouse is hiding income or assets?

You are required to complete a financial affidavit which is a form where you disclose your income, monthly expenses, assets, and your liabilities filing for divorce. This form tells all parties involved in the divorce of the assets and liabilities that each spouse has and what is shared between the couples. If you think that your spouse is not listing all of their accounts and liabilities reasonably on this form, you should seek a subpoena with the help of your divorce lawyer in Chicago IL.

Why should I get a pre-or postnuptial agreement?

The best person to talk to about whether you acquire a pre-or postnuptial agreement is going to be your divorce lawyer in Chicago IL. A lot of people believe that prenups and postnuptial agreements are only for the rich and mighty, however, this is not true. By having a prenup you protect your assets and reduce litigation if you are in a divorce, and a postnuptial agreement does the same.

Will your assets be divided equally?

Because Illinois leaves an equitable distribution, oftentimes they are going to divide and a 5050 manner when dealing with assets in a divorce. However, the court might find that a just apportionment division is going to be more equitable in terms of spouses involved in the relationship. They’re going to consider everyone’s income, respective ages, and nonmarital assets when making this determination.

What happens to the debt?

During a divorce, if you have debt, it is going to be allocated between both of you equally as part of the marital estate. This is done especially if the data is shared between the two of you so that not one spouse’s life dealing with a lot of debt that they did not earn themselves by themselves.

Legal separation and divorce sound similar. Are they the same thing? 

While they may sound very similar, divorce and legal separation are not the same things. If you are going through a divorce, you are legally dissolving your bond of marriage. If you are legally separating, however, you are still married to your spouse. In many cases (and states), you are required to legally separate for a certain period of time before you can get divorced. 

Why choose divorce over separation?

Many people ask our Chicago divorce lawyer why they should choose divorce over a legal separation. One of the top reasons we give our clients is this: for clients who believe there is no chance of fixing their marriage or do not wish to fix their marriage, divorce is going to be the best option. Although it is always possible to work things out during a divorce, it is not likely. For those who need space to think things through, a legal separation may be your best answer. 

Are there financial ramifications?

Yes. When a couple gets divorced, our Chicago divorce lawyer knows that one-half of the couple will likely be paying alimony or child support (if you have children). If you are only separated but not divorced, your spouse is still able to collect certain financial benefits, like your health plan, a joint tax return, and even social security. When you have financial questions regarding your divorce, it is best to speak with a divorce lawyer in Chicago, Illinois. 

Hurst, Robin, Kay & Allen, LLC Chicago Divorce Lawyer

30 N. LaSalle Street 12th Floor Chicago, IL 60602

Chicago Divorce Lawyer Google Review

“In a world where good guys are few and far between, Brian Hurst helped me navigate what could have been years of misery. He was intimately familiar with even the smallest detail and was fearless in keeping my child out of the crossfire. “Thank you” is just too small of a sentient. If you need a champion to help you through one of life’s tribulations, Mr. Hurst must be your only choice.” – Cory S.

Contact Our Skilled Chicago Divorce Law Firm

“Timing” your divorce to serve your best interests is dependent on your family’s unique circumstances. Once the experienced Chicago, IL divorce lawyer team at Hurst, Robin, Kay & Allen, LLC learns more about your situation, we’ll be able to provide you with personalized support and guidance regarding the timing of your formal divorce petition. Divorce isn’t usually a straightforward process. As a result, it’s important to have an experienced Chicago, Illinois divorce lawyer by your side as you navigate the twists and turns that usually accompany the process of officially ending a marriage. Our firm is honored to represent our clients with compassion and dedication as they weather this particular major life transition. Please schedule a consultation today to learn more about how we can help you achieve a successful settlement whenever you choose to formally file for divorce. Our Chicago divorce lawyer looks forward to speaking with you.

Even the easiest divorce can be difficult. Divorces with complex issues that need to be worked out can be even more so and require the legal expertise of a Chicago divorce lawyer. Call Hurst, Robin, Kay & Allen, LLC to schedule a free and confidential consultation with a member of our legal team and find out how we can help get you the marital assets – as well other marital and divorce issues – that you may be entitled to. Our divorce lawyer in Chicago, Illinois is here for you.

When you’re getting a divorce, talking to her divorce lawyer in Chicago IL such as the ones available Hurst, Robin, Kay & Allen LLC is one of the best things you can do. A Chicago divorce lawyer is going to know your situation in the best way possible and they’re going to know how to handle your divorce whether through typical divorce means or mediation.

However you might have questions about divorce in Chicago Illinois, and that’s okay because your divorce lawyer in Chicago IL is going to be able to help you answer your questions.

Client Review

“John Kay handled my divorce. He made a very difficult situation manageable. He listened to me, responded in a timely manner and was not afraid to challenge the opposing attorney. I would recommend him to anyone facing this difficult life choice.” Liz Nesbit Client Review