Articles

NAPERVILLE 630-780-1034

Facebook Twitter Google+ LinkedIn Youtube
Facebook Twitter Google+ LinkedIn Youtube
Search

How Does Being Separated For A Long Time Affect Your Divorce?

Joliet and Will County Divorce Attorneys

Basic Will County Divorce Information

The Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/ governs the divorce process in Illinois. Often, we see divorcing couples that have been separated for a long period such as two (2) years or greater that want to start the divorce process. There are a variety of reasons that a person may want to start the divorce process. Unfortunately, some divorce cases involving couples that have been separated for a period may not like the results. Often, two divorcing people believe that their assets and liabilities acquired during their separation period should be irrelevant. Divorce cases involve an examination of the length of the marriage, the income and asset of the parties, and liabilities of the parties including any retirement assets such as a 401(k) or pension plan. Thus, the period of separation is likely irrelevant in your divorce case except that it may work for or against one party. The divorcing parties particularly the high-income wage earner has a great incentive to begin and finalize the divorce process. Robertson Legal Group, LLC regularly works with divorcing couples in the Will County areas including Bolingbrook, Romeoville, Frankfort, Mokena, Homer Glen, Minooka, Crest Hill, Rockdale, Aurora and Plainfield, Illinois.

Residency Requirement

A. Adults without Children

Generally, there is a 90-day rule prior to initiating a divorce in Illinois. Thus, one party must have lived or resided in the State of Illinois prior to initiating the divorce proceeding. One of the necessary elements in finalizing the divorce process often called a “prove up” is whether one party has resided in the State of Illinois at least 90 days prior to the filing of a Petition for Dissolution of Marriage. This rule applies to divorce couples without children.

Asset Protection Planning for Physicians and Doctors

Joliet and Shorewood Medical Asset Protection Lawyers
Lockport and Crest Hill Physician Liability Protection

Almost all professionals know that there are two unpleasant truths that come with being trusted with a client or patients, finances, legal affairs, or health. First, is the need to carry malpractice insurance to potentially cover yourself in the event something goes wrong in the course of practice and second is the extreme amount of liability a professional can face if the malpractice insurance is not enough to cover a potential liability suit or a professional forgets to acquire coverage. Few people know the importance of this more than physicians or doctors. Being trusted with someone’s health, and potentially someone’s life is a very risky position and carrying malpractice insurance is a must for a Physician or surgeon. In fact, some malpractice insurance for surgeons can cost as much as $34,000 per year! (https://www.trustedchoice.com/professional-liability-insurance/medical-malpractice/). Still, it is all too often the case that medical malpractice suits settle for what can be tens of millions of dollars and medical malpractice insurance alone will not protect a physician or surgeon and they might be held personally liable. For that reason, it is highly recommended all medical professionals create an asset protection plan in the event they wind up on the wrong end of a lawsuit. The following is a list of asset protection tips that would be extremely beneficial for doctors:

Estate Planning for Registered Nurses

Registered Nurse Estate Planning Attorneys in Joliet and Plainfield
Estate Planning and Trust for Registered Nurse Attorneys

When people think of individuals who would need an estate plan they tend to look at certain careers such as doctors, bankers, lawyers, etc. While this assumption tends to be correct it is unnecessarily narrow. The truth is that there are plenty of careers where people can build up a lifestyle and assets where an estate plan would be recommended. One of these careers is nursing. In fact, there is arguably a bigger demand for nurses now than ever before and many nurses find that they are being compensated accordingly.

The unfortunate downside to this is that nurses are also being sued at a higher rate now than ever before. Words are often tossed about like “negligence” or “malpractice” but were once considered words many thought only physicians needed to concern themselves with, now it is becoming quite common for patients to sue their nurses for negligence as well. One of the key aspects of a good estate plan is asset protection. In the event of a lawsuit, it is a strong idea to have an asset protection plan that protects the nurse personally in the event of a suit.

Citations to Discover Assets: Will County 101

Joliet Citations to Discover Assets Attorneys in Will County
Post-judgment Asset Liability Planning Lawyers in Lockport

Anyone who has been through litigation knows that there was a process referred to as “discovery.” This process includes gathering up your taxes, pension information, check stubs, and pretty much any other asset listing or financial document you have to hand over to your spouse and his or her attorney so that the litigation can proceed. This is done so that both parties can be fully informed as to what assets the other has and the judgment can be as accurate as possible and the court as fully apprised of the facts as it can be. The question is, what happens if similar issues arise after the Judgment? What happens if someone is seeking to enforce their judgment? Do we issue discovery in a post-judgment case? The answer is no, instead, we use Citations to Discover Assets.

Will County and Joliet Citations to Discover Assets Legal Group
Will County Rights Under Citations to Discover Assets in Joliet

Citation to Discover Assets?

The Citations to Discover Assets are a mechanism through which a creditor can find out what assets a debtor has for purposes of enforcing their judgment. Whether this is the prevailing party in a contract dispute, a parent looking to enforce child support, or a creditor’s rights attorney who has a judgment for monies, it is important to know what your debtor has so that the creditor can collect and begin the mechanism through which they will collect.

How to extend Spousal Maintenance in Joliet, Will County

Joliet and Shorewood Spousal Maintenance Attorneys
Plainfield and Will County Spousal Alimony Attorneys

What is Maintenance?

Maintenance, formerly known as alimony, is a court-ordered payment of money to a previous spouse, from the other spouse. Maintenance is usually awarded so the spouse receiving the support can live a financially similar life to one he or she would have lived had the marriage not dissolved. Maintenance can be calculated by a simple formula found within the Illinois Marriage and Dissolution of Marriage Act (also known as the “IMDMA”) section 504(b-1); 30% of PAYOR’s gross income minus 20% of PAYEE’s gross income, with the difference resulting in the annual amount owed. But, this amount combined with the payee’s gross income cannot be more than 40% of the combined gross income of both spouses. The duration of paying maintenance is also set in the IMDMA based on the length of the marriage. One multiplies the length of the marriage by the relevant amount; 5 years or less (.20), more than 5 years but less than 10 years (.40), 10 years or more but less than 15 years (.60), 15 years or more but less than 20 years (.80). For marriages 20 years or more, it is the court's discretion to order permanent maintenance or for a period of time equal to the marriage.

Back to Top