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Illinois divorce attorney

What do you think of when you think of a private investigator? You might think of a detective in a trench coat lurking in the shadows. While the image of private investigators in the eye of Hollywood is exaggerated, the actual job of a private investigator is exactly what it sounds like — to investigate. A private investigator might seem unnecessary during a divorce, but having a private investigator on your team can actually be beneficial. Here are a few ways a private investigator can be of use during your Illinois divorce:

  • They can investigate a spouse who might be cheating. The Illinois Marriage and Dissolution of Marriage Act states that decisions during the divorce will be made “without regard to marital misconduct.” This means the court cannot take into consideration the fact that a spouse committed adultery when it comes to issues such as asset division and child custody. However, a private investigator may be able to determine if a spouse dissipated or “wasted” marital assets on a lover. If it is found that your spouse dissipated assets, the court will adjust the division of assets accordingly.
  • They can help alleviate child custody concerns. Your utmost priority during a divorce and in general is the wellbeing of your children. In some cases, you may be concerned about the safety of your children during your spouse’s parenting time. If you are concerned that your spouse is being reckless or endangering your children, a private investigator can help.
  • They can help identify hidden assets. Another role a private investigator can play is by looking through your financial records and making sure everything looks correct. Before you divide your assets, you should hire a private investigator to determine if your spouse is hiding assets from you or not. A private investigator has the skills needed to notice errors on tax returns or bank statements that could suggest hidden assets.
  • They can ensure your spouse does not have you under surveillance. If your spouse was controlling during your marriage, there is a good chance they could also be controlling during the divorce. Even if they were not controlling during the marriage, divorce can change some spouses, pushing them to spy on you. A private investigator has the tools and technology needed to discover if your spouse has been tracking your location or monitoring your electronic devices.

A DuPage County Divorce Attorney Can Guide You Through the Process

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Illinois divorce attorney, Illinois family lawyer, IL child custody lawyer, IL spouse's infidelity lawyerIt can be devastating to those who decide to get a divorce because of their spouse’s infidelity. Marital infidelity can cause feelings of sadness, hurt, anger, despair, and anguish, which can all cause the divorce process to be even more stressful and combative than your average divorce. If you are divorcing because of infidelity, you may be wondering whether or not your spouse’s adultery could give you an advantage in your divorce. While the answer is typically “no,” there are certain areas and aspects of your divorce that could be affected by a spouse’s infidelity.

Wasted Assets During an Affair

When it comes to asset and property division during a divorce, Illinois is considered an equitable division state. This means that each spouse will receive a share of the marital estate that is considered to be fair and just but does not always mean each spouse will receive half of everything. In regard to infidelity, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) specifically states that the court, “shall divide the marital property without regard to marital misconduct in just proportions…” which means that a spouse's infidelity will not be a deciding factor at all.

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Posted on in Divorce

Illinois divorce attorney, Illinois family lawyer, IL child custody lawyerThe Oscar-nominated movie, Marriage Story, starring Scarlett Johansson and Adam Driver, offers insight and advice regarding marriage and divorce. The film focuses on real-life issues within a relationship and offers teachable lessons for those who are ending their marriages.

The critically-acclaimed film has won rave reviews because of its realistic and often gut-wrenching portrayal of a couple whose love for each other disintegrates into divorce. And just like many real-life couples, the main characters first agree that they will bypass legal battles and have a "friendly divorce," however, both end up hiring divorce attorneys. As the film reveals, even the friendliest of breakups can become contentious and attorneys are needed to make sure the divorce process is as fair as possible for both spouses.

How Divorce Attorneys Make a Difference

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Park Ridge divorce attorney for child custody evaluatorsWhen parents are divorcing or separated, they may disagree about how to share responsibility for raising their children, the amount of parenting time children will spend with each parent, and a variety of other issues. In some divorce or child custody cases, the court may require assistance from outside experts such as child custody evaluators, to help determine what would be in children’s best interests. When working with these professionals, both parents and children may be concerned about what records will be available to them and whether confidential information will be released as part of the court record. At Weiss-Kunz & Oliver, LLC, we recently represented a client in a case that clarified some of these issues.

How Does Illinois Law Address Child Custody Evaluators?

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) specifies when and how professionals may be appointed to perform investigations and evaluations of a situation and provide recommendations about children’s best interests. According to 750 ILCS 5/604.10(b), a person who is appointed by the court may review relevant records and information related to the case, and they will present a report that explains their conclusions and recommendations about the allocation of parental responsibilities, parenting time, or child relocation.

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spouse dies during divorce in Illinois, IL divorce attorney, Due to the long-winded nature of many divorces, there are cases where a spouse passes away before the divorce is final. In Illinois, when a party in a divorce dies, the case is dismissed. The court requires two living parties to a divorce, so if only one is alive, there is no divorce.

Additionally, the surviving spouse is not a divorcee, but rather a widow. But what else changes when a spouse dies during divorce?

Division of Marital Assets and Property

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