Category Archives: Divorce

Gay couples finally gaining equal rights to divorce

On behalf of The Walters Law Group, Ltd. posted in Divorce on Friday, August 2, 2013. Gay couples throughout Illinois who took advantage of their right to enter a civil union have gained another victory. Amazingly, this victory comes in the form of a law passed hundreds of miles away. While gaining the right to gay marriage and civil union rights were hard-fought battles, obtaining a divorce is still difficult. Gay couples often travel to places where civil unions are legal and recognized. What these individuals don’t realize, however, is the fact that theyContinue reading

Divorced spouses remain liable for mortgage payments

On behalf of The Walters Law Group, Ltd. posted in Divorce on Thursday, July 11, 2013. When a couple files for divorce in Illinois, a common practice that often occurs is for one spouse to sign off on a deed to a house and transfer it to the spouse still living in the home. Although this transfer of property has legally occurred, as far as the mortgage company is concerned, both spouses are still responsible for payment of the mortgage as the lender does not have to remove either spouse’s name fromContinue reading

Dividing frequent flyer miles in a divorce settlement

On behalf of The Walters Law Group, Ltd. posted in Divorce on Friday, July 5, 2013. For many Chicago couples, arriving at an amicable divorce settlement largely comes down to the division of marital assets. When it comes to assets such as stock portfolios, real estate and art collections, assigning a monetary value is not difficult. Credit card reward program points and frequent flyer miles are harder to negotiate. Some couples may run into questions about these types of programs, making a fair division a potentially contentious issue. These rewards can take years toContinue reading

Getting divorce in Illinois? How to protect assets

On behalf of The Walters Law Group, Ltd. posted in Divorce on Tuesday, July 2, 2013. Whether an Illinois individual has a wealthy spouse or not, it is important to prepare for intense legal battles with a possible spouse-turned-asset-bully. Many high-powered personality types don’t care about the money. They want to win – at all costs. It’s a game to them, and they enjoy playing the game, says a partner with a Los Angeles law firm. That’s why it may be time to make financial preparations when an individual knows that a divorce isContinue reading

A fair divorce is not always a happy divorce

On behalf of The Walters Law Group, Ltd. posted in Divorce on Friday, June 28, 2013. Chicago couples who are seriously considering the dissolution of their marriage may be interested to learn that, in some cases, a fair settlement may not always make everyone happy. According to one woman, she discovered that agreeing to pay her ex-husband maintenance during their divorce negotiations actually set the groundwork for an amicable relationship after the split. According to the woman, her husband was unemployed at the time of the divorce. He asked that she pay him maintenanceContinue reading

Defining property ownership in divorce

On behalf of The Walters Law Group, Ltd. posted in Divorce on Monday, June 17, 2013. Understanding the difference between marital and non-marital property is crucial to determining the best individual course of action in a divorce. As an equitable distribution state, Illinois courts distribute all marital property equitably, or fairly, although not necessarily equally. Most property acquired during the marriage is considered marital property, regardless of who owns it or how title is issued. Therefore even if only one spouse is named as the owner, both spouses have an ownership right inContinue reading

Ways to simplify a divorce proceeding

On behalf of The Walters Law Group, Ltd. posted in Divorce on Monday, June 3, 2013. Divorce can be a complicated process. Some Illinois residents may be interested to learn of a few ways that spouses contemplating divorce may be able to help make the process simpler. The first step is to set anger or hard feelings aside during the divorce proceedings. These cases tend to be emotional, but using anger or other negative emotions when negotiating may only make the process more stressful. When a dispute arises, some experts recommend reviewing the reasonContinue reading

Divorce finance: how to get your finances in order post-split

On behalf of The Walters Law Group, Ltd. posted in Family Law on Thursday, May 23, 2013. After Chicago couples divorce, there are many steps that they must take to get their finances under control. A divorce may result in a woman having her name changed, which requires her to acquire a new Social Security card, passport, credit cards, bank cards and driver’s license. She also must report the name change to financial accounts, insurance companies and utility companies. This is just one part of getting a handle on finances after a divorce. OneContinue reading

Handling debt problems during divorce

On behalf of The Walters Law Group, Ltd. posted in Divorce on Friday, May 10, 2013. How a family court decides to allocate property and debts depends largely on whether the state is considered a community property state or an equitable distribution state. In community property states, the presumption is that debt is community debt and unless a spouse can prove otherwise with clear and convincing evidence, the debt is the equal responsibility of each spouse to pay after the divorce. In equitable distribution states like Illinois, a spouse is not usually liableContinue reading

Transgender man may appeal divorce ruling

On behalf of The Walters Law Group, Ltd. posted in Family Law on Saturday, April 20, 2013. Illinois residents may have heard about the unusual case of an Arizona man who became famous as the “pregnant man” after giving birth to three children. The man’s attorneys have recently announced that he may seek an appeal following a denial of a divorce decree by a judge in late March. The judge stated that the transgender man failed to show that he was a partner in a heterosexual marriage prior to seeking the divorce andContinue reading