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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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Virtual Visitation in Illinois

Virtual visitation overview Under Illinois law, a non-custodial parent is entitled reasonable visitation with his or her child unless a court has determined, after a hearing, that the visitation would endanger the child’s physical, mental, moral, or emotional health. Traditionally, visitation has meant in-person time spent between the child and a parent. However, the pervasive …

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Leveling the Playing Field by Recovering Attorney Fees

Does Recovering Attorney Fees from the Opposing Party Diminish the Importance of our Adversarial System? Well known to Illinois attorneys and most clients is that a party may seek attorney fees from the opposing party pre or post-divorce decree. 750 ILCS sections 501, 503, and 508 provide the relevant parts to seek attorney fees. Likewise, …

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