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Naperville divorce attorneyGiven the changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) in the last few years, it can be confusing to get a straight answer about the requirements and regulations on issues like parenting time, property disposition, and spousal support. The latter is perhaps the most often misunderstood, especially since the recent revisions to the IMDMA. Considering that many divorces involve someone paying spousal support, doing your research is important.

Support Is Usually Temporary

Spousal support—previously known as alimony—is granted only when a judge has been convinced that you are in need of it, and with rare exceptions, it will be granted for a term of years, rather than indefinitely. Spousal support is granted or denied after a judge has weighed all the relevant factors and determined whether there is need. Factors that a judge may consider include current and future earning potential, the standard of living established during the marriage, and any previously executed valid prenuptial agreement, though there are many other issues that may play into a decision.

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DuPage County family law attorneysSometimes, when child custody arrangements or plans to move do not go the way a parent would like them to, that parent may resort to extreme measures. In Illinois, parental abduction of a child (PAC) is a crime, but only under certain circumstances. Also, it helps to know what the ramifications might be on a parental responsibilities order if one parent commits such an act.

The Crime in Illinois

Many states, including Illinois, have criminalized the taking away of a child from the parent with primary custodial responsibilities by the other parent. However, in Illinois, there are strict guidelines about what constitutes an abduction and what does not.

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DuPage County family law attorneyOne of the most complex and time-consuming parts of any divorce proceeding is the division of marital property. It can get even worse when marital and non-marital property are considered to be mixed. In order to reach a fair and equitable distribution of assets, a court must determine whether property has been commingled or not, and if so, to what extent.

Commingling Assets in Illinois

Commingling is defined as the act of mixing funds belonging to one person with funds belonging to another, especially when there is a responsibility to keep them separate. Sometimes, commingling funds is actually illegal or unethical, though spouses commingling marital and non-marital property is not. Marital property is any property acquired by either spouse during the marriage, while non-marital property is anything owned before the marriage by either spouse, or a gift or inheritance received by one spouse at any time (before or during the marriage). When the two meet, the status of the resulting property depends on which is the prime mover, so to speak.

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