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Posted on in Divorce

Naperville Divorce AttorneysWhen someone says their divorce is complex, you might envision the emotional entanglements of love lost, which can make agreements more difficult to achieve. Each divorce is complicated in its own way, but some marriage dissolutions end up more involved than anticipated, or necessary.

What factors influence whether your divorce is short and amicable or drawn-out and ugly?

Disagreements Over Separate and Marital Property

In Illinois, property division includes the determination of what is “marital property” and “separate property.” That is, the debts and assets acquired before the marriage and what occurred after the vows. During a divorce, separate property returns to the original owner, and marital property and joint debts are divided equally between the parties. Exceptions to the rule include inheritances or gifts given solely to one spouse during the union, which are typically counted as separate property. Contention sometimes arises from the determination of which assets fall into the marital property category.

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Posted on in Family Law

Naperville family law attorneyIt has been nearly two years since sweeping reforms to Illinois’ family law statutes were enacted. The new laws amended several processes associated with divorce and child-related legal proceedings, including the elimination of fault-based divorce and the removal of mandatory separation periods prior to divorce. Perhaps the most noticeable changes, however, were in the terminology used to describe certain elements of family law. It is important to familiarize yourself with the new language if you are considering filing for divorce.

Changes to Child Custody Matters

In terms of terminology, the most important change in this arena is the removal of the term “child custody” from the law. Instead, judges and attorneys now speak of “allocation of parenting time and responsibility.” This may seem like a small change, but it was intended to make the entire divorce process far less confrontational. Many Illinois lawmakers have made the valid point that a more civil divorce process benefits both the spouses and the children of a marriage, and terminology changes like this are meant to cast parenting as a joint endeavor rather than a battle to be “won” or “lost.”

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