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When Illinois couples are contemplating divorce, they often wonder if it is better to be the first one to "file." Many mistakenly believe the person who starts the process gets a leg up. However, Illinois courts are truly impartial. Judges make their decisions strictly based on the facts and the…
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Navigating an Illinois divorce involves a complex legal procedure. A deposition is one of the most serious steps you might face. This is a formal part of the discovery process, which requires you or a witness to answer questions while under oath outside of court. This sworn, recorded testimony carries…
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For couples in Illinois planning to tie the knot, a discussion about finances, while perhaps not the most romantic, is essential. A prenuptial agreement (prenup) is a legal tool that can be used to establish financial rights and responsibilities for both parties before the wedding. Often mistakenly viewed as an…
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Divorce is an emotionally taxing event, and the difficulty is only further compounded when your private business becomes public knowledge. Although you can't keep your divorce totally under wraps in Illinois, you may limit how much of your personal affairs are subjected to public scrutiny. Fortunately, there are various strategies…
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If you are seeking alimony (called "maintenance" in Illinois), the information you provide to your lawyer, especially what can be substantiated with documentation, is crucial because it significantly affects the court's decision. Illinois law provides precise guidelines, statutory formulas, and a set of considerations that courts use to determine if…
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The dissolution of a marriage necessitates the division of the marital estate (all assets accumulated during the marriage), which is often a significant source of contention. When the parties vehemently disagree over the disposition of valued assets, negotiations may fail, leading to a contested divorce. Understanding whether Illinois employs the…
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Navigating the complexities of co-parenting after a split, especially when safety concerns arise, can be challenging. For parents in Illinois who believe unsupervised visitation poses a risk to their child, seeking a court order for supervised visitation may be a necessary step. Please continue reading as we guide you through…
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Many Illinois couples choose to resolve their divorce outside of court to bypass lengthy legal battles. This route necessitates both spouses reaching a joint understanding on the conditions for ending their marriage; absent such a consensus, a judge will ultimately render the decision. Please continue reading as we explore the…
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Divorce when a spouse lives internationally can appear daunting, yet geographical separation doesn't negate your right to end your marriage. Generally, Illinois courts can grant a divorce, provided you meet the state's residency requirements and comply with the rules for international jurisdiction and service. To understand these complexities and learn…
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Dividing frozen embryos is an exceptionally difficult issue in Illinois divorce cases, going beyond a simple asset division due to the potential for life involved. With no binding federal law, Illinois courts must navigate these complex disputes by balancing intent, ethics, and constitutional rights. Understanding the state's approach is vital…
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In Illinois, separation can lead to vastly different outcomes for couples. Some maintain an amicable relationship, while others struggle to tolerate being near one another. When children are part of the equation, however, parents often recognize the necessity of communication for the sake of their children's well-being. Yet, in volatile…
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Navigating a split when you have a child with special needs introduces unique complexities, especially concerning financial support. While daily care requires constant consideration, the transition to co-parenting necessitates a clear understanding of child support for special needs children. Please continue reading as we delve into these specific considerations, outlining…
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In Illinois, grandparents can petition the court for visitation rights, though these cases are inherently complex. The state places a high priority on parental rights, meaning grandparents must satisfy specific legal criteria before the court will intervene. These situations often stem from significant family strife, such as divorce, estrangement, the…
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Divorce entails substantial stress and complexities, especially regarding financial settlements. Alimony, also referred to as spousal support, is a crucial element offering financial aid to a former spouse after divorce. Nevertheless, as life situations change, the initial alimony agreement might become unsuitable. Modifying alimony in Illinois is a multifaceted endeavor…
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When divorcing in Illinois, both parties are entitled to an equitable distribution of assets acquired during the marriage. However, it's not uncommon for one spouse to attempt to conceal assets to prevent the other from receiving the other from receiving their rightful share. Please continue reading as we explore what…
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Losing custody of your child is a devastating consequence faced by parents battling addiction, highlighting the profound impact of substance abuse on families. Yet, even amidst the struggles of addiction, a path to recovery and reconnection exists, a chance to reclaim one's life and parental role. Please continue reading as…
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Illinois made waves with its progressive legislation by redefining the role of beloved pets in divorce proceedings. No longer seen as mere objects, companion animals are now afforded a specialized legal status, recognized for their cherished place in our lives and the emotional bonds we share with them. This shift…
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In the state of Illinois, individuals often question the possibility of pursuing a divorce while their spouse is incarcerated. The simple answer is yes, though this process involves unique requirements that need careful consideration. Procedural issues, such as properly notifying an incarcerated spouse of the proceedings, can make these cases…
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When parents decide to go their separate ways, many questions arise, especially concerning financial responsibilities for children. For parents in Illinois, a common and often contentious issue is whether a legal obligation exists to contribute to college expenses after a divorce. Please continue reading as we delve into Illinois law…
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In a divorce, a lawyer offers crucial legal expertise, helps navigate the intense emotions involved, and safeguards your financial well-being. Although self-representation is permissible, it can result in expensive and enduring errors, especially if your spouse retains counsel. Please continue reading as we explore the importance of having a skilled…
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Changing your name following an Illinois divorce is generally a straightforward process, especially if you include the restoration of your former name as part of your divorce decree. In many instances, you may be able to use your divorce decree as a means of updating your name on important documents…
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In Illinois, a parent's criminal record significantly impacts child custody matters, though it doesn't automatically lead to a loss of custody. The court's paramount concern is the child's best interests, prompting judges to scrutinize all aspects of a parent's life to determine their fitness. While a criminal past complicates custody…
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Divorce is emotionally and financially taxing. Many are unaware of their financial rights, particularly regarding financial disclosure in Illinois. This blog explores financial disclosure during divorce proceedings, steps if a spouse conceals assets, and the importance of connecting with an experienced Peoria Divorce Lawyer. What Does Full Financial Disclosure Mean…
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It's common for people to dedicate a significant portion of their working lives to accumulating retirement funds to ensure financial security during their retirement years. However, approaching this life stage often prompts questions about ongoing alimony payments to a former spouse. Many individuals are unsure whether retirement provides grounds for…
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Divorce proceedings in Illinois can be lengthy and contentious. One potential strategy to ease these difficulties is to request a bifurcated divorce from the court. If this approach interests you, it's crucial to work with an experienced Peoria Divorce Lawyer who can guide you on the best course of action…
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Divorce is a challenging experience for any family in Illinois, but when a child with special needs is involved, the complexities multiply significantly. The legal system aims to ensure the best interests of the child, and this principle is even more critical when a child requires specialized care and support.…
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Within a marriage, a couple's finances are often intertwined. Many spouses choose to maintain joint accounts ot amange their daily expenses. However, these commingled funds present complex issues during a divorce and frequently become a point of contention. If your spouse has emptied a joint account, it's essential to understand…
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Child custody is often the most emotionally charged and critical aspect of Illinois divorce proceedings. The process of determining child custody can be particularly challenging, requiring careful consideration of numerous factors to ensure the well-being of the children involved. When parents are unable to reach an agreement on custody terms,…
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Determining child custody arrangements is often one of the most critical and disputed issues during a separation or divorce. While many couples opt for a prenuptial agreement before marriage to manage financial matters in the event of an unexpected marital dissolution, a common question arises: can child custody terms be…
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While most individuals don't anticipate their text messages playing a role in divorce proceedings, it's a possibility. If you are curious about the admissibility of text messages in an Illinois divorce case, delve into this information to understand the nuances and discover how a dedicated Peoria Divorce Lawyer can help…
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Divorce profoundly alters the lives of separating spouses and their children. Oftentimes, children face emotional distress as they adapt to a new family structure. Consequently, many parents look for effective strategies to help their children navigate this period. Nesting arrangements are a popular solution. Please continue reading to learn what…
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Regaining custody is a complex process that demands considerable effort and the assistance of our seasoned Peoria County Child Custody Lawyer. Please continue reading as we explore how a parent can regain their rights after losing custody in Illinois. Why Do Parents Lose Custodial Rights? When a parent's custody rights…
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If you are looking to end your marriage in Illinois, understanding the legal requirements is essential. Please continue reading as we explore whether a mandatory waiting period exists before filing for divorce and how an experienced Peoria Divorce Lawyer can guide you through this challenging process.  What is the Waiting…
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Divorce proceedings in Illinois have variable timelines, influenced by the unique circumstances of each case. While some divorces conclude swiftly, others extend over months or years due to unresolved issues. Those contemplating dissolving their marriage in Illinois who wish to understand the potential duration of the legal process should continue…
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Life is characterized by continuous change, and these fluctuations can have a considerable effect on your financial stability. When such shifts occur, your established child support obligations may no longer accurately reflect your financial circumstances, necessitating a modification to the existing court order. This applies to both increases and decreases…
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Navigating a divorce in Illinois requires a clear understanding of your legal duties to ensure a seamless process. A critical document in this process is the divorce complaint. The accurate and thorough preparation of this document is paramount, as any errors can lead to necessary delays, potential dismissal of a…
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When the court imposes a visitation schedule, you may have no qualms about what the court has deemed in the best interests of the child. However, it can be incredibly frustrating when your ex-spouse consistently violates the order. If your ex refuses to comply with the visitation order and has prevented…
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Prenuptial agreements can be beneficial for outlining expectations and protecting assets, potentially simplifying the divorce process in Illinois if it arises. Despite these benefits, circumstances may lead one spouse to find the terms of a prenuptial agreement unfair or invalid. In such cases, the agreement can be challenged in court.…
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Getting a divorce in Illinois is an incredibly complex matter, not just emotionally, but legally and financially as well. Unfortunately, one of the most contentious matters a couple will face during this process is determining child custody. In the event the parents cannot reach an agreement, the court will intervene…
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When parents reside in different countries, child custody cases become much more difficult to resolve. Please continue reading as we explore how international child custody disputes are handled and how a determined Peoria County Child Relocation Lawyer can assist you.  How is Jurisdiction Determined in Cross-Border Custody Disputes? First and…
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If your soon-to-be-ex-spouse is harassing you during the divorce process, it's crucial to take immediate action to protect yourself and stop the harassment. Please continue reading as we explore the legal remedies available and how a compassionate Peoria Divorce Lawyer can assist you during these tough times.  What Constitutes Harassment…
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Going through a divorce in Illinois can be incredibly stressful. If you are in this situation, it's important to remember that you don't have to go through it alone. During this challenging time, you should seek out a seasoned Peoria Divorce Lawyer who can guide you through this complex process.…
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The decision to file for divorce is incredibly difficult, with emotional, legal, and financial ramifications to consider. If you are contemplating divorce but your spouse is not, you may feel trapped. However, it's crucial to understand that you can proceed with a divorce even if your spouse doesn't want one.…
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During a divorce, the question of which parent the child will live with is frequently raised. The answer is not straightforward, as various factors must be considered before determining their living arrangements. However, if they can express a rational opinion the court may allow a child to choose which parent…
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If your marriage is ending because your spouse engaged in an extramarital affair, you might be wondering whether their infidelity could affect the outcome of your divorce. Please continue reading as we explore how a spouse's cheating could impact your divorce in Illinois and why connecting with a determined Peoria…
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Living on your own after a divorce can be tough. You’re working with one income now instead of two, and it can be difficult to adjust and live within your means. That’s why it’s a good idea to take some time and set up a post-divorce budget. A Peoria County…
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It’s no secret that most divorces require a lot of paperwork. That’s why it’s a good idea to know exactly what kinds of documents you’ll need to have on hand if you want to ensure that this process goes smoothly. A Peoria County contested divorce lawyer can help you prepare…
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Once you have filed the necessary paperwork to get divorced, you might think that you have no way of getting out of it. This actually isn’t true though. If you change your mind, you can back out of your divorce, even if you’re the one who filed the original petition.…
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You know that you will have to split up shared property when you get a divorce, but what happens to gifts? If something was given to just you, your spouse shouldn’t get to try and claim it as their own. A Peoria County marital property division lawyer can help you…
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Every parent has rights and they continue to have those rights even after getting a divorce. If you think that your rights as a parent have been infringed or that your ex is boxing you out when it comes to big decisions about the lives of your children, you need…
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It’s important to hire a divorce lawyer when separating from your spouse, but you shouldn’t hire just anybody. Having the right divorce lawyer and omeone you can depend on is important. We’ll tell you why a Peoria divorce lawyer from our firm could be the right match for you. Do…
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Dealing with a divorce can be overwhelming, but it’s important to keep a clear head and think about the future. Some people get stressed or let their emotions take over, and that can lead to financial mistakes that they will end up paying for later. A Peoria County marital property…
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A divorce can come with enough complications. One spouse filing for bankruptcy once divorce papers have already been filed is something that’s guaranteed to complicate matters even more. A Peoria divorce lawyer can let you know what to expect when this happens and why you may want to convince your…
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When you and your spouse file for divorce, you may know that your assets will be divided during this process. What you may not know, however, is how joint debts are divided during this process. In Peoria County and throughout Illinois, debts are divided based on equitability, meaning the court…
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Someone can be accused of abandoning their family, but when it comes to Illinois state law and divorce proceedings the term abandonment has a specific definition. If you want to get a divorce because your spouse has abandoned your family, it’s important to know how that abandonment can affect the…
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Even if you and your spouse can be civil with each other, going through a divorce is rarely a fun experience. It’s no surprise that many of our clients ask how they can get a fast divorce. What will speed up the process and which pitfalls can slow it down?…
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A divorce can be stressful, so it’s no surprise that some people just want to get through it as quickly as possible. It’s not usually a good idea to rush through a divorce though. You should take your time and make sure that you have all of the information needed…
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A postnuptial agreement can be a touchy subject. There are many benefits to such a contract though, and if you approach the conversation in the right way your spouse should be able to see those benefits as well. Then a Peoria County family law attorney can help you draw up…
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Not every divorce has to go to trial. Sometimes couples cannot come to an agreement on certain important matters though, and that’s when a judge’s input is going to be deemed necessary. This situation can be stressful, but an experienced Peoria County contested divorce lawyer can help you prepare and…
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When someone files for divorce, they are often separated from their spouse. Most petitioners know where their spouse is though. Not knowing your spouse’s location can make filing for divorce a bit more complicated. This is why it’s a good idea to talk to a Peoria divorce lawyer to learn…
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A parent could have many good reasons for moving. They still have to clear relocation plans with the court if they are divorced and have a parenting plan with their former spouse. It’s obviously unfair to move far away so that noncustodial parents can never see their children. Whether you…
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You could go to court to come to a divorce agreement, but litigation can get quite expensive and contentious. Some couples prefer to try alternatives, like divorce mediation. If you think that you’ll want to try this method before trying to solve all of your issues through litigation, a Peoria…
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No one ever wants to plan to divorce. However, using a prenuptial agreement is a good way to protect your assets and determine what would happen in the event that you and your spouse do split up. You need to make sure that such an agreement is airtight before its…
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When you are going through a divorce, not all disagreements need to be resolved through litigation. Some couples choose to hash out certain issues using alternative methods, like arbitration. Divorce arbitration is a bit like going to court, but it offers some key differences like more confidentiality. A Peoria divorce…
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If you are trying to get a divorce from an abusive partner, that can affect the divorce proceedings in a few different ways. An accusation or charge of domestic violence can change certain parts of the negotiations and potentially make it more difficult to opt for alternative means of dispute…
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When a couple divorces, they usually end up splitting custody of their children. If you’re interested in pushing for sole custody, you should know that it’s an uphill battle. The courts generally lean towards making an arrangement where both parents have some form of custody. A Peoria County child custody…
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When you get divorced, you know that you’ll have to split up all of your property. This can be one of the most contentious parts of the process actually. One item that might cause some confusion is the engagement ring. Who gets to keep it? There’s an answer that’s generally…
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If you are paying your former spouse alimony and you lose your job, that can be a stressful situation. You’re not the only one who has been in this situation though. That means that there are ways to address these kinds of issues when they come up, but you have…
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The division of assets can be one of the toughest parts of any divorce, but things can get especially complex and stressful when you have a business that you do not want divided up. There are some ways to protect a business during a high net worth divorce, though. You…
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We are pleased to share that Susan Butler, Founding Partner of Butler, Giraudo & Meister, P.C., has been named the Best Divorce Attorney in the Peoria Community Choice Awards. This awards program recognizes more than 450 businesses and organizations, and people working in these businesses and organizations, throughout the Peoria…
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We announce with great pleasure that Butler, Giraudo & Meister, P.C. was recently voted as one of the finalists for the Best Law Firm category in the Peoria Community Choice Awards. Each year, the Peoria Community’s Choice Awards recognizes more than 450 businesses and organizations in the area. The awards…
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It can be tough to split your parenting time with your former spouse. Once you determine visitation schedules and custody arrangements in your divorce agreement, there is one potentially thorny issue that still needs to be worked out. We’re talking about making a holiday schedule. Dividing up the holidays with…
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Your ex pays you child support to help you with all of the expenses that come with raising kids. Some custodial parents can be unsure of what these payments should and shouldn’t cover. For example, is child support meant to pay car insurance premiums? A Peoria County child support lawyer…
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If you are ready to get a divorce in Illinois, a Peoria divorce lawyer from our firm can help. How long your divorce takes and how complicated it can end up being will depend on a number of factors, but the process of starting your divorce remains largely the same…
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Divorce can be a difficult enough process, but it can be even more difficult when you have to worry about your privacy. Many divorces are handled in court, and that means a court record that contains everything that you said and did during the proceedings. If you don’t want people…
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If your ex is late to drop off once or twice, that can be a bit irritating. If they make it a habit to drop your kids off late, that’s a problem. You need to address this, and a Peoria County child custody lawyer from our firm can help. You…
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You have probably heard of a prenuptial agreement, but postnuptial agreements also exist. Like a prenup, a postnuptial agreement has to meet certain standards in order to be considered enforceable. Drafting an agreement that won’t stand up to legal scrutiny is just a waste of time. This is why you’ll…
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There’s nothing technically stopping you from going on a date or two while you are divorcing. Your actions can complicate matters though, especially if your divorce is already a little bit messy. This is why you may want to talk to your Peoria County contested divorce lawyer before you put…
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When you inherit something, does your spouse get a claim to it too? In most situations, they do not. However, you still need to take steps to protect your inheritance and make sure that you do not make any errors that could allow your spouse to try and claim a…
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When you get a divorce, spousal support is one of the matters that needs to be addressed. Who pays and how much they pay is often one of the more contentious issues, but eventually this needs to be ironed out and made part of the final divorce agreement. Some of…
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An uncontested divorce is one where the divorcing couple agrees on the major issues. It can take a lot less time to sort out than a contested divorce, but there is still paperwork to be completed and some other important matters to address. A Peoria County uncontested divorce lawyer can…
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Some states require you and your spouse to be separated for a certain amount of time before you actually get a divorce. The justification is usually that it can prevent people from rushing into this big decision. Illinois also has rules about how long you have to be separated, but…
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If you are thinking about filing for divorce from your partner and you believe that they are thinking the same thing, should you rush and try to file for divorce first? In the grand scheme of things, who files first doesn’t usually make a huge difference. However, a Peoria divorce…
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When you get divorced and children are involved, both parents need to continue to provide for them. When one parent gets primary custody, the other parent needs to pay child support. This helps cover the necessities for each child, but some parents try to get out of these agreements. Providing…
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You don’t have to go to court to settle all of the issues in a divorce case. If your marriage is ending, mediation sessions are an alternative to litigation that could end up being a better way to resolve matters like asset division, alimony, or child custody. When you make…
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When you and your former spouse are working out a custody agreement, one term you might hear often is “the best interest of the child.” What does this mean exactly? It means that the court is going to make a decision based on what suits the child best, not what…
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Parental alienation is a common problem in contested divorces and it can be a difficult issue to address. If one parent is engaging in this bad behavior, they should be held accountable. That could mean making changes to a custody agreement. A Peoria County child custody lawyer from our firm…
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If you have come to a child support agreement with your former spouse, you might still have some questions about the arrangement. One question we hear often from payors and payees alike is “Will this affect my taxes?” Fortunately, there aren’t actually significant tax implications to worry about when it…
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After a Peoria divorce lawyer from our firm helps you with your divorce, you’ll probably realize that you have an awful lot of paperwork to contend with. Can you just get rid of all of it and get a fresh new start? This can be tempting, but there are many…
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Divorce can be complicated no matter how much money you have, but there are particular challenges when you and your spouse have a high net worth. One of the most important elements to think about might be the tax considerations that have to be made when splitting up a large…
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When you have to split up your assets in a divorce, the process can get complicated quickly. You need someone who will stand up for your best interests and make sure that these assets are all valued and divided in a fair way. A Peoria County marital property lawyer can…
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If you really think that the family court got things wrong, you may want to appeal the decision. It’s an understandable impulse, but you should learn exactly how the process works by talking with a Peoria County family law appeals lawyer. We can help you make your case and fight…
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There are many things to take care of when you are getting a divorce, and one important thing that many people should not skip over is the process of changing their name. Whether you took your partner’s last name or decided to hyphenate, you should change that when your marriage…
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When you are trying to find the best custody arrangement for your children after a divorce, many factors have to be considered by the court before a final deal can be struck and approved. One factor that can affect the proceedings is the child’s preference, but it’s important to know…
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If you receive child support payments from your ex, do you have to worry about that support complicating matters come tax time? To give you the short and simple answer, these payments are not taxable. You are not going to owe taxes on your child support payments when you go…
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Your child support is meant to cover many of the costs that come with raising a child, and that does include medical expenses. However, healthcare costs are not always predictable, and sometimes different arrangements need to be made in order to make sure that both parents are treated fairly and…
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If you are not the custodial parent, do you have to pay for your child’s college? You can be ordered to pay for college, even though most typical child support agreements end when the child meets the age of majority. A Peoria County post judgment modification lawyer from our firm…
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We are thrilled to announce that Butler, Giraudo & Meister, P.C. was recently awarded the 2024 John C. McAndrews Pro Bono Service Award by the Illinois State Bar Association. This award is intended to honor the extraordinary commitment of individuals, bar associations, law firms, and corporate legal departments that provide…
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Prenups get a bad rap, but they can actually be quite useful for many couples. If you are thinking about signing a prenuptial agreement, it’s important to know what kinds of things can be included. Some matters can’t be handled by a prenup, so you should talk to a Peoria…
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