Close Search

Website Search

Search
Wakenight & Associates, P.C.

1100 Lake Street, Suite 120, Oak Park, IL 60301

Oak Park | 708-848-3159

DuPage County | 630-852-9700   Mokena | 815-727-6144

Contact Our Firm

NOTE: Fields with a * indicate a required field.
Name *
Email *
State
ZIP
Phone *
How would you prefer to be contacted?
E-Mail
Phone
No Preference
Briefly describe your legal issue. *

DisclaimerThe use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

I have read and understand the Disclaimer and Privacy Policy.

Contact Us
Recent blog posts

Cook County divorce attorney for stay-at-home parentsStatistics show that many marriages end in divorce. Once you and your spouse make the decision to part ways, there are several issues you will need to resolve. Some of these include the division of marital assets (and debt), child support, and spousal maintenance. In some cases, one spouse may have stayed home to raise the couple’s children. In other scenarios, both parents might have pursued careers. For stay-at-home moms or dads, it can be difficult to imagine a new life as a single parent, which often means finding a job to make ends meet. However, there are ways to cope with this major life transition, and you will want to make sure you have the financial resources you need after your divorce. 

Consider the Best Housing Situation 

Depending on the allocation of parental responsibilities in a divorce, one parent may be able to stay in the marital home. This can often help ease the transition, allowing the children to remain in the house they lived in during the marriage. However, as a parent who did not work while raising your kids, home ownership can pose a significant financial burden. Making a large mortgage payment every month can seem overwhelming, and you will also be responsible for property taxes, utilities, and upkeep of your home. If you are awarded spousal support, this may allow you to cover your monthly bills, but it may be more financially feasible to sell the house. This will allow both you and your ex-spouse to receive a portion of the profits from the sale. Moving to a new residence may be a first step in beginning a new chapter for everyone.  

Understand Your Finances

It is imperative that you have a firm grasp of your financial situation during and after your divorce. You will want to know what kinds of bank or retirement accounts you and your spouse have and who is listed as the account owner. By obtaining this financial information, you can ensure that you fully understand the extent of your marital assets, allowing you to receive the property and assets you are entitled to.

...

Continue Reading...

Oak Park divorce lawyer for asset dissipation claimsThe end of a marriage can be difficult, regardless of the reasons why a couple’s relationship broke down. Even an amicable divorce may have its challenges, since many legal issues will typically need to be resolved, including the division of assets. In Illinois, marital property is subject to equitable distribution. This means that any assets acquired during the marriage must be divided fairly. In some cases, it may be discovered that one spouse frivolously spent a large portion of the marital assets. Referred to as dissipation of assets, this typically occurs when one partner wastes money by making large purchases for his or her own benefit. This behavior often occurs when there are problems in the marriage, and a divorce is forthcoming. If you suspect that your spouse may have squandered marital funds, you may be entitled to compensation in your Illinois divorce settlement.   

Examples of Wasted Assets

There are many ways a person can dissipate assets or property. These include:

Cook County divorce mediation lawyerFiling for divorce or being served with divorce papers can be an overwhelming experience. There are many decisions to make, especially if you and your spouse have children together. However, if you and your spouse are able to cooperate and work together to make these decisions, the process can be completed more quickly and easily. One way of doing so is through mediation.

During divorce mediation, you and your spouse will meet with a neutral third-party mediator to work through the issues you need to resolve so the two of you can end your marriage as peacefully and cost-effectively as possible. During mediation, the two of you will work to reach agreements on issues such as child custody, spousal support/maintenance, property and asset division, and any other matters that will need to be addressed in order to legally end your marriage.

How a Mediator Can Help You

If you and your spouse are willing to communicate and compromise on the issues that will need to be resolved, divorce mediation may be your best option. The benefits of divorce mediation include, but are not limited to:

...

Continue Reading...

Oak Park property division attorney for LGBTQ couplesThe state of Illinois legalized marriage between two people of the same sex in 2013. Same-sex couples have the same rights and responsibilities as their heterosexual counterparts regarding marriage. This means all the same issues will need to be resolved in the event of a divorce. In the Illinois Marriage and Dissolution of Marriage Act, marital property is defined as any assets that were acquired by either spouse after they were legally married and before a judgment of legal separation. In a divorce, any marital property is subject to “equitable distribution.” This method involves splitting assets acquired during the marriage in a “fair” manner, but not necessarily completely equally or in half. Same-sex couples who divorce can face unique challenges when dividing their property due to the nature of their relationship.  

What Is “Ownership of Property”?

Determining who gets what in a divorce is not always simple for LGBTQ couples. Same-sex partners may have been together for a long time before they could legally marry. Therefore, the partners may have brought many assets to the marriage, both together and separately. These can include cars, a house, furniture, artwork, clothing, and more. Items acquired before a couple was legally married are considered “separate property,” even if the partners had behaved as if they were married for a long period of time.

Determining ownership of property acquired before the date of marriage can be a complicated undertaking, since some of these assets may have been “commingled” during the relationship. That means even though one partner purchased an item, the other partner could have used or benefited from it. In many cases, a prenuptial or postnuptial agreement can be helpful, because it can specify who will own certain assets if the couple decides to get divorced.

...

Continue Reading...

Cook County paternity attorneyBeing a parent can be one of the most rewarding experiences of someone’s life. However, in some cases, the identity of a child’s father may be questioned or contested. This may occur in situations where a couple is not married or if the mother had multiple partners. In Illinois, if a child’s mother is married or in a civil union when the child was born or within 300 days before the child was born, her husband or partner is legally presumed to be the father of the child. By legally establishing paternity in Illinois, a father and child can confirm their relationship and all the rights and responsibilities that go along with it. For example, there are certain benefits for which a child is eligible as someone’s son or daughter. In addition, the father is entitled to specific parental rights.       

A Child’s Legal Rights

There are many benefits to a legal relationship between a father and child. Besides the emotional connection and support, financial obligations can help provide for a son or daughter’s future. Legally recognizing the father can aid the child in multiple ways, including: 

  • Elite Lawyer
  • American Bar Association
  • Better Business Association
  • Illinois State Bar Association
  • West Suburban Bar Association
  • Northwest Suburban Bar Association
  • Will County Bar Association
  • DuPage County Bar Association
  • Lake County Bar Association
  • Kane County Bar Association

Facebook

Twitter

LinkedIn

Contact Us

Contact Us

Search

Search

Back to Top