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The Law Offices of Van A. Schwab

Disgorgement: Leveling the Playing Field in a Divorce

750 ILCS 501 (c-1) of the Illinois Marriage and Dissolution of Marriage Act attempts to “level the playing field” between spouses during a divorce. In re Goesel, 102 N.E.3d 230, 235 (Ill. 2017). Under the Act, one spouse can ask the other spouse to pay all or some of their attorney’s fees.
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The Law Offices of Van A. Schwab

Changing Your Name as An Adult in Illinois

According to 735 ILCS 5/21 101-104, individuals eighteen years of age or older who have lived in Illinois for at least six months can ask the court for a name change. There are some limitations.
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The Law Offices of Van A. Schwab

Alternative to Divorce

Formerly known as an annulment, instead of going through divorce proceedings you may be able to receive a declaration of invalidity. In order to have a declaration of invalidity you must meet 1 of the 4 grounds laid out in 750 ILCS 5/301 of the Illinois Marriage and Dissolution of Marriage Act.
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The Law Offices of Van A. Schwab

Removing Impediment to Marriage

Under Section 212 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/212), parties who are prohibited from marrying one another, may marry once the impediment to a lawful marriage is removed. This means that if a married person marries someone else, the second marriage is automatically valid once the first marriage is dissolved, so long as the parties to the second marriage cohabitate.
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The Law Offices of Van A. Schwab

How Much Alimony Will Be Paid and For How Long?

Alimony or spousal support, which is the term used for legal purposes, is a payment to a former spouse to assist him or her with living expenses. Not every divorce will include spousal support, but if the court finds it is necessary, it can award it.
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The Law Offices of Van A. Schwab

Can I Lose My Children if I Have a Mental Illness?

The term “mental illness” may usually bring to mind disorders such as schizophrenia and others such as anti-social personality disorder and borderline personality disorder. The stigma attached to these and other disorders may have a divorced parent diagnosed with a mental illness wondering if he or she can retain custody of the children.
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The Law Offices of Van A. Schwab

After Divorce, Who Pays for College?

When parents divorce, financial support for children may last long after their 18th birthdays. In 2016, Illinois passed a law allowing courts to order parents to contribute to college education expenses. Learn more about how this statute works and explore the division of college expenses between divorcing spouses who have children.
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The Law Offices of Van A. Schwab

Common Challenges for Grey Divorce

Divorce rates have trended downward in recent years in many age groups. The notable exception is the continued increase of “grey divorce,” which involves couples 50 years old or above. The numbers of divorces in this age group rose from 10% in 1990 to 25% in 2019 with experts predicting the rate will continue to go up.
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