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Divorce

Besserman Law, LLC > Divorce

Divorce:  Who Gets to Stay in the Family Home?

 Allocation of the Marital Residence If you’re in the midst of a divorce proceeding, you may be wondering who, if anyone will be able to stay in the home.  In Illinois, there are several different factors which determine who will be able to stay in the marital home, and throughout this difficult process it helps to be informed.  Keep in mind in some instances, the family home is sometimes sold and the couple splits the proceeds.   Marital Property One of the most important factors of determining who gets to stay in the family home is to determine...

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Handling Divorce with Minor Children

Right to First Refusal During any divorce proceeding that involves minor children, the court will always favor in the best interest of the child.  Such arrangements include awarding either one or both parent’s rights of first refusal to provide child care for the minor children.   Likewise, right to first refusal means that if either parent intends to leave the minor children in care of a substitute child-care provider for a lengthy amount of time during normal visitation times, the parent doing so much first offer the other party to opportunity to watch the child.  The only...

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Divorcing in Illinois

Contested vs. Uncontested? In the state of Illinois as any other place, there are certain rules and regulations in regards to divorce.  Furthermore, when one spouse decides he or she wants to end a marriage, it is important to understand the difference between a contested and uncontested divorce and what is involved in both.   Contested Divorce A contested divorce is simply when both parties do not agree on the proceeding.  Often times, most items agued over are:One spouse does not want the divorceChild support amountsProperty divisionAllocation of debtsSpousal support or maintenance issuesChild issues; living arrangements and visitations Uncontested...

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Divorce and Education 

Education costs after divorceGoing through a divorce and all of its emotional and physical disruption is hard enough without having to worry about the future of your financials and how they will impact your children.  Therefore, it’s important to understand your rights in regards to who pays for your children’s education once your divorce is finalized.  Help from a licensed Illinois divorce attorney can greatly help you navigate through the ins and outs of allocating agreements for education. SupportEducational support of a non-minor child is awarded by the court out of the property and income of either or both parents, or...

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Illinois Divorce and Maintenance Laws

Maintenance and Divorce During a divorce, legal separation, or declaration of invalidity of marriage occurs one of the spouses may be entitled to maintenance.   Likewise, when divorce proceedings occur and maintenance is awarded for either spouse, the amount and period of time it is paid out to the spouse is determined by the court without regard to marital misconduct.   If you are in the process of needing help with a maintenance issue, help from a skilled Illinois divorce attorney can greatly help you through the process. How is Maintenance Paid?Maintenance during a divorce may be allocated...

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Divorce and Disabled Children

Navigating through a Divorce with a Disabled Child The term “disabled” refers to a person who has a physical or mental impairment that substantially inhibits major life activities, someone who has a record of impairments, or is known to have an impairment.  Divorce is hard no matter what the situation, however, when it involves a disabled child it be trickier.  Likewise, deciding support for a non-minor child with a disability can be equally as mentally and emotionally taxing as the actual divorce.  When a couple divorces and have a non-minor child with a disability, the court may award money out of the...

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Relocation After Divorce

Parent’s Rights to Relocation After Divorce Even when a divorce is final, that doesn’t mean complications and complexities with the situation can’t arise.  Furthermore, if one parent seeks to relocate with the child, there are certain procedures that must be followed.  Likewise, since relocation of a parent means substantial change in circumstances for a child, the following must be kept in mind for the party seeking to move:Date and address of parent’s relocationLength of time the relocation will last60-day written notice of the relocation to be filed with the court Rights of the Non-Relocating Parent If the...

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“Divorce Selfie” Making Headlines

A couple in Canada has become famous for posting a photo to social media of themselves after filing for their divorce. The photo is considered unique because the couple, Chris and Shannon Neuman, appear to be happy in the photo by smiling. Shannon posted the picture to her Facebook account stating her and her husband, Chris, had made the decision to divorce and are happy because they choose to do so amicably with the best intentions for their children. Shannon claims they decided to end their marriage without being bitter and putting their children in the middle of a nasty...

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Carnegie Deli Owners Divorce

After 25 years of marriage, the owners of the famous restaurant Carnegie Deli have reached a settlement agreement finalizing their divorce. Sandy and Marian Levine owned the deli after Marian inherited the franchise from her father. Marian sued to divorce Sandy after discovering he had been having an affair with one of the deli’s employees. Marian claims Sandy was giving his mistress money along with the deli’s recipes because the woman was planning to start her own business. The couple reached a settlement agreement this week terminating the marriage and resolving a separate lawsuit accusing Sandy of stealing from the...

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Alabama Governor’s Divorce Making Headline

The wife of Alabama Governor Robert Bentley filed for divorce on August 28 as an attempt to end their 50-year marriage. Once the First Lady Dianne Bentley’s attorneys filed the divorce papers, it began drawing national attention. Although the judge assigned to the case has sealed the divorce documents, rumors are circulating to what has lead to the divorce. One speculation is that the governor had an affair with a staffer and possibly misused state funds. On Wednesday, a member of the Alabama Republican Executive Committee suggested that Bentley resign from office due to the allegations. Neither Bentley nor the...

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