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Children’s Preferences In Custody Disputes

Children’s Wishes on Custody Do Not Control Under Illinois law, children do not decide or choose which parent will be their custodial parent.  Instead, custody must be determined by the Court in accordance with the child’s best interests.   In making such a determination, the Court is mandated to consider all relevant factors, including the child’s …

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Basic Facts Regarding Maintenance in Illinois

What is Maintenance?  The term “alimony” is no longer recognized in Illinois law. Instead what was formerly known as “alimony” is now called “maintenance.” However, maintenance, alimony, and spousal support all refer to same thing: an amount of money determined by the court (or by agreement of divorcing spouses) to be paid to a financially …

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Active Military Duty Spouses and Illinois Divorce Law

An Overview An Illinois divorce, involving a spouse on active military duty, creates several unique issues when compared to a typical civilian divorce. Generally, while the Illinois Marriage and Dissolution of Marriage Act (“the Act”) controls a military divorce, properly in Illinois, the provisions of the Act may be affected by applicable federal laws and …

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Disposition of Property in a Dissolution of Marriage

Marital Property Defined  Under the Illinois Marriage and Dissolution of Marriage Act (the “IMDMA”) all property, acquired by either spouse after the marriage and before the marriage is dissolve or declared invalid, is presumed to be marital property and includes assets acquired by either spouse after court proceedings have begun.   The presumption of marital property …

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