Monthly Archives: March 2014

Evicting your spouse during divorce, is it possible?

Evicting your spouse during divorce, is it possible?

A house is one of the largest assets among a married couple.

As such when the marriage fails it can become one of the most difficult pieces of property to divide. Even during the divorce process the couple may still live in the house. However, Illinois law provides a couple of avenues that would force one spouse to leave the home while the proceedings are ongoing.

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Difference between Marital vs. Non-marital property

Difference between Marital vs. Non-marital property

What’s mine is yours. What’s yours is mine.

In some marriages people tend to share everything with their spouse. However, when it comes to divorce not everything is split 50/50. There is a difference between marital property and non-marital property.

In Illinois, the courts try to keep this area black and white, however, as with every law there are gray areas. Generally speaking marital property is everything obtained by the couple after the moment they say “I do.”

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Illinois’ new ‘Right of first refusal’ law

Illinois’ new ‘Right of first refusal’ law

It is not uncommon in a divorce for one parent to be named the custodial and the other non-custodial.

The custodial parent generally has the physical or legal custody of their children. Meaning their children live with them day-to-day, and the non-custodial parent receives visits or overnight stays.

A new provision under the Illinois Marriage and Dissolution of Marriage Act requires the custodial parent to give their ex-spouse the right to watch their children, instead of hiring a third party childcare provider, in the event they will be away from home for a long period of time.

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