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6 Divorce Law Myth Busters

The Myth of Legal Separation

I’m getting divorced, when does my “legal separation” take place? Answer: Contrary to what many seem to believe, a legal separation is not the first step of the divorce process. It is not something that is a routine part of divorce. While many divorcing spouses do in fact separate before and after filing for divorce, this type of separation has no name. It is just a separation and should not be confused with a legal … [Read more…]

Beware: Trial Separations are not What They Seem

Our view of trial separations is based solely upon our observations and client feedback. We have yet to find another divorce lawyer that doesn’t agree with us when we say that Trial separations don’t work. Trial Separations – A step to save the marriage OR the first step of ending the marriage? It takes a lot of pain and courage to change life as you know it, and it takes even more courage to tell your spouse … [Read more…]

Annulment

How short does the marriage have to be? The length of the marriage does not determine if you qualify to get an annulment, now known as Declaration of Invalidity of Marriage. Marriages are not annulled (or invalidated) because the parties have been married for a short time and wish they weren’t or if they feel they made a mistake. The court grants “Annulments” only when it determines that … [Read more…]

Is Everything Split 50-50?

No, it is not. At least, there is no hard and fast rule that automatically entitles each spouse to one-half of the marital assets. While a 50-50 division typically occurs more often than not, it happens only when it is consistent with equity and fairness. For example, 50-50 would be fair and equitable if both spouses had the same or relatively equivalent earnings. However, if one partner earns $90,000 per year and … [Read more…]

The Fallacy of Joint Custody

The public seems to have been misled, either by myth or otherwise, regarding the concept of joint custody. It does not mean 50/50 time with the children. It means 50-50 decision making ability for certain child rearing items. “Joint Custody” is just a term and not much more. It is highly sought after but is not what people think it is. It is generally nothing more than a name given to the type of visitation … [Read more…]

Common Law Marriages?

What is a Common Law Marriage? Answer: Common law marriages do not result from couples living together. Living together has nothing to do with it. In a common law marriage, the parties perform a specific act to marry one another. In order for a common law marriage to occur, two individuals, whether they live together or not, must be present in a state that recognizes common law marriages … [Read more…]

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Richard and Kari are staunch advocates of the non-court approach to divorce, and are also active and seasoned litigators with over 60 years of combined trial experience in the Illinois divorce courts of Cook, DuPage, and Will counties.

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