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Hillside, IL 60162
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Recent Blog Posts
Uncovering Hidden or Wasted Assets During an Illinois Divorce
Among the most important concerns during the divorce process is the division of property between the two parties. Having an uncooperative spouse in the case is something that can occur, but having one who actively tries to dissipate assets leading up to and during the divorce is an entirely separate problem .
Attempting to hide or waste property to avoid dividing it in a divorce is illegal and punishable under the law. If you think your spouse might be doing either, you should contact an Oak Park, IL divorce lawyer to take immediate legal action and protect your right to a fair divorce settlement.
What Is the "Discovery Phase" of a Divorce?
During divorce proceedings, both you and your spouse will work with your attorneys to obtain relevant information from each other regarding subjects that need to be addressed in your divorce. This is called the "discovery phase", and it is an essential step for understanding your financial situation, especially for understanding what the law classifies as "marital property". Illinois uses what is known as an "equitable distribution" standard in divorces, which means that your marital property is supposed to be divided fairly, but not always necessarily equally. To ensure that the property distribution process is fair, the law requires full disclosure of all assets and debts by each party during the discovery process.
What Do We Have To Include in a "Parenting Plan" in Illinois?
When parents divorce or separate, the "Allocation of Parental Responsibilities" (formerly called "custody") document for minor children can sometimes be a point of serious contention. A "Parenting Plan" document, which gets included in an "Allocation Judgment", outlines the official terms of custody, and if you go through the court system to work out custody disputes, Illinois law requires you to have one. Ultimately, decisions must be made regarding the legal obligations and rights of both parents and children, and an experienced Oak Park, IL parental responsibilities attorney can help.
What Are the Requirements for a "Parenting Plan" in Illinois?
An Illinois "Parenting Plan" document will contain basic information that you would expect to see in any custody order, such as employment and contact info for both parents. Other minimum requirements include:
Mistakes to Avoid When Drafting a Prenup in Illinois
Prenuptial agreements, also called premarital agreements, or prenups, are relatively well-known. While some people may have an emotional aversion to contractually defining the financial part of a relationship, the reality is that getting a prenup is a responsible thing that you can do with your fiancé at a time when you are both feeling generous and considerate of each other’s needs.
However, without legal guidance from a Hillside, IL prenuptial agreement attorney, you risk making common mistakes that can make you regret your choices later – or worse, render your prenup invalid later. Consider some common mishaps you want to avoid when drafting your prenup, and then speak to an experienced prenup attorney who will walk you comfortably through the process of creating your own.
Common Mistakes That People Make When Creating a Prenup
Some common mistakes that may not invalidate a premarital contract, but could leave you with regrets, include:
Are You Eligible for Spousal Maintenance in Illinois?
The financial aspects of getting a divorce can often be the most complicated. As you & your ex-spouse establish separate households, you will have to determine how you will handle both new and existing expenses. Budget adjustments and downsizing may help, but sometimes one spouse is put at a financial disadvantage.
In Illinois, if you think you will struggle to support yourself post-divorce, you may have the opportunity to seek spousal maintenance, also known as spousal support or alimony. To find out what your options might be regarding this subject, consider getting advice and representation from an experienced Hillside, IL divorce attorney, who will listen to the details of your circumstances and then advise you of your legal options.
What Does a Judge Consider When Deciding Whether To Order Spousal Maintenance?
A spousal maintenance order is never guaranteed. The decisions are made on a case-by-case basis, and involve consideration of several statutory factors, including:
How Much Child Support Am I Entitled to Under Illinois Law?
The amount of child support you receive is based on the financial obligations you have to provide for your child’s physical, mental and emotional needs. These obligations can vary drastically from family to family, so the child support calculation process requires an understanding of your unique circumstances. Illinois, like all states, has a process for calculating the support you are entitled to receive. If you have questions about how support calculation works in your case, an experienced Hillside, IL child support lawyer can help.
How Is Child Support Calculated in Illinois?
Illinois uses the "shares model" approach to calculate the appropriate child support payment. This model determines support by:
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Combining the net incomes of both parents to determine what the combined household income would have been had they stayed married;
How Marital Property is Divided in an Illinois Divorce
Divorce can often be traumatic for both parties. The challenging emotional aspects of separating two lives are sometimes complicated by serious financial concerns, such as how marital property will be divided in the divorce. Determining what marital property is and how it is divided can lead to additional concerns, sleepless nights and fear of the future.
These worries can be mitigated with an experienced divorce lawyer’s assistance. Our Illinois divorce attorney at the Law Office of Vincent C. Machroli, P.C. has 38 years of experience in guiding clients through the marital property asset division process, and advocating for the most favorable outcome for his clients. Call for a free legal consultation at 708-449-7404.
Marital Property is Divided "Fairly and Equitably" in Illinois
Marital property, which is property either spouse acquires during a marriage, includes all assets, as well as debts. Asset division in Illinois is based on an equitable property division standard. This means marital property is divided fairly, but not always equally. Thus, you should not necessarily expect the asset division in your divorce to be 50/50.
Proving Irreconcilable Differences in Your Divorce Case
Every state has its own interpretation of what constitutes "fault" in a divorce case. Some states allow spouses to hold their partners responsible for the end of a marriage, which can make a difference in property division or alimony awards. Illinois, however, is a strictly no-fault state, meaning that you cannot blame your spouse for your divorce. Instead, you only have to prove that you and your spouse have "irreconcilable differences" that make the marriage "irretrievably broken".
A skilled Illinois divorce attorney can help you file for a dissolution of marriage, and show the court that you and your spouse have" irreconcilable differences", while providing you with strong counsel. At the Law Office of Vincent C. Machroli, P.C., attorney Vincent Machroli prioritizes the needs of his clients, drawing on his 38 years of experience in assisting with family law matters.
Three Common Misconceptions About Estate Planning
Nobody looks forward to doing their estate planning, but when it’s done right, it can be both comforting and empowering. Still, many people shy away from making these arrangements, due to misunderstandings about what estate planning instruments can do or, when they should be created. With the help of a skilled Illinois estate planning attorney, however, you can avoid these obstacles and confidently handle end-of-life planning, including instructions for honoring your wishes after you pass away.
At the Law Office of Vincent C. Machroli, P.C., we want to give you peace of mind. Attorney Vincent Machroli has practiced law for 38 years, with extensive experience in family law, estate planning, and probate. When you work with our firm, you will receive compassionate, practical legal services that help in addressing many different scenarios.
Strategies for Settling Contract Disputes Outside of Court
Litigating contract disputes in court can be costly. If you or another party to a contract have been accused of violating the terms of the contract, you likely want to avoid court, but the 2 parties may be at an impasse as to how to fairly settle the matter. An Illinois civil litigation defense attorney can provide you with guidance and representation to help settle a contract dispute out of court.
At the Law Office of Vincent C. Machroli, P.C., we do not believe in ‘one size fits all’ solutions for legal problems. Instead, we provide legal services tailored to your needs, on a case-by-case basis. Attorney Vincent Machroli has over 38 years of experience, so you can rest assured that your case will be handled by a seasoned professional.
Informal Negotiations
If you have a working relationship with the other party in the contract, you could first try to settle the matter on both of your own terms. This sometimes gives all parties a high degree of control over the outcome, with minimal – if any – legal fees.
Do I Need Any "Power of Attorney" Documents?
In Illinois, a "Power of Attorney" ("POA") is a document that gives legal authority to a person whom you trust to be your "Agent", & to make important decisions on your behalf. This power is typically important for situations when you are unable to speak for yourself after becoming incapacitated. There are many benefits to obtaining two "POA" documents in Illinois, and many people find peace of mind in obtaining these two documents while they are still in good health.
At the Law Office of Vincent C. Machroli, P.C., we can assist you in the process of producing "POA"s. Above all else, we want to make sure you feel secure and comfortable in making arrangements for the future. Our Illinois estate planning attorney can provide you with expert legal advice and guidance as to "POA"s. Here are three good reasons to have two specific "POA" documents in Illinois:
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