What Does Post-Decree Mean in Illinois?
Elgin Family Law Attorneys Explain Divorce Law Terms
A post-decree is essentially when the judge officially signs and grants you and your spouse a Judgment of Dissolution of Marriage. At Pucci Pirtle, we have a group of attorneys that can help define all of these terms being given to you that you may not understand.
If you need to make any changes prior to finalization such as evaluations, mediation, or in the drafting of the Dissolution of Marriage, etc., this is called pre-decree. Understanding the difference will help any potential miscommunications with your representation down the line. Even though the judgment has been made, there are aspects of the judgment that can still be modified. These include parenting time, child support, or even maintenance in certain cases. All that this exception means is that if you were to request changes to one of these areas, it would be considered a post-decree matter.
When making that request, the court in which you and your spouse had your divorce retains jurisdiction to enforce terms of the original judgment. This means that if your spouse was not following the judgment terms that you both were given, then this is a post-decree case where you can find representation to settle any changes that may need to be made.
Contact Our Elgin Divorce Attorneys
Our law team at Pucci Pirtle, LLC is here to answer any of your questions in regards to the divorce process. Please contact us so that we can schedule a free consultation to see if we can be the perfect fit for your case. We serve clients in Geneva, Algonquin, Huntley, Crystal Lake, and throughout Kane, McHenry, and DuPage counties. Specifically, we have 3 different office locations where you can reach us in order to set up your appointment. The numbers to our 3 offices are listed below, and we look forward to helping you.
- Elgin Office: 847-426-1866
- St. Charles Office: 630-945-8807
- Algonquin Office: 224-249-3200
What Type of Attorneys Are the Lawyers at Pucci Pirtle?
Elgin and St. Charles Attorneys are Here to Help with Your Legal Case
Choosing the right attorney can be quite challenging. Our team at Pucci Pirtle has always strived to provide the kind of lawyer that best serves you and your case needs, making your case's process easy when you need representation.
We are known for using our skills in negotiation to secure the results that you seek. Each client that we serve receives high-quality assistance with extreme attention to detail. We do not back down from a challenge and cover may different areas of law. One area in which we have extensive experience is divorce and family law. We strive to provide compassionate but firm services in spousal maintenance, mediation, adoption, domestic violence, and child-related issues, among many others.
We also handle criminal defense law in regards to such charges as drug possession, DUI, and domestic battery. Whether you are charged in one of these areas or another one that we did not list, we treat every criminal matter with honesty and understanding regarding what you could be facing. The first and utmost important job for us is protecting your best interests in addition to your Constitutional rights.
Another area where we have experience and knowledge is real estate assistance. We can help you carefully review contracts, documents, and inspection results, and assist with the purchase or sale of your next home. We aim to make that investment process as easy as possible. Do not delay because your contracts have limited times and you should have representation look over everything to ensure that you are covered.
Contact Our Elgin IL Attorneys
Pucci Pirtle will handle your cases with politeness and diligence. We try to be available to as many clients as possible by having three offices helping clients across Kane, DuPage, and McHenry counties. Contact us at the office closest to you below to set up a free consultation. You may call us at our St. Charles office at 630-945-8807, our Elgin office at 847-426-1866 or our Algonquin office at 224-249-3200.
Who Pays the Attorney's Fees in a Divorce in Illinois?
Elgin IL Divorce Attorneys Advising Spouses Who Cannot Afford Fees
In general, during divorce proceedings, each individual is responsible for his or her own attorney's fees. In Illinois, the court can order you to pay your spouse’s attorney fees or vice versa. It all depends on who does or does not have the funds available to pay for said fees. If neither party has funds, money can be taken from the marital estate in order to make the payments.
At Pucci Pirtle, LLC, we are here to help figure out what you are entitled to in these types of situations when dealing with your divorce. When an individual is paid from the marital state, that is called an interim fee award and is considered an advance. Another option is that once the judgment or final settlement is being awarded, funds from that can be awarded towards any attorney's fees.
This was ruled by the Illinois Supreme Court to emphasize the importance of a “level playing field” in dissolution of marriage proceedings. This is the goal to remove options where spouses would try to “outspend” the other spouse or “litigate them to death.” Both parties deserve chances for adequate representation. If you are afraid that you are not being granted a fair opportunity, please contact us and we can look over your case.
Allow us at Pucci Pirtle, LLC to answer any of your questions or concerns during this trying time. If you would like to set up a free consultation, please contact us at one of our offices in Kane, McHenry, and DuPage counties. If you are located in the St. Charles area, call us at 630-945-8807. We also have an office in Algonquin that is by appointment only. Its number is 224-249-3200. Lastly, we can be reached at an office in the Elgin area at 847-426-1866. Call any of these numbers to speak with someone from our lawyer team.
What Is Maintenance in Illinois?
Elgin Divorce Attorneys Explain If You Are Entitled to Spousal Maintenance
Maintenance is the newer, more recognized term for what was formerly referred to as alimony. This is spousal support paid to one party from another party. If you are curious about whether you are entitled to maintenance or not, our team at Pucci Pirtle can examine your circumstances or case in order to best assist you moving forward.
One example that is quite common for maintenance being paid is if one of the spouses stayed at home to raise a family while the other spouse worked to financially support the family. The spouse who was at home will receive maintenance from the other. We will make sure that if you are that spouse, you are receiving your entitled amount, but that you are also looking at your means for down the line. The big question is: Will you be able to afford a home for your children if you waive maintenance? That is a determination with which we can help.
In the past, when the courts were deciding which spouse would receive maintenance, they took certain factors into consideration such as fault or marital misconduct. However, in Illinois, those elements are no longer relevant to the courts. They will instead examine such things as:
- The length of the marriage.
- The present and future earning capacity of each spouse.
- The tax consequences after division of property.
- Any other factor that the court believes is fair and equitable.
We here at Pucci Pirtle pride ourselves with our years of experience dealing with family law cases. If you have any questions regarding maintenance or anything else about your divorce case, please contact us at one of our offices near you in order to set up a free consultation. If you are located in the St. Charles area, call us at 630-945-8807. We also have an office in Algonquin that is by appointment only. It's number is 224-249-3200. Lastly, you may call us at our Elgin office, at 847-426-1866, to speak with someone from our attorney team.
When Is a Business Considered a Divisible Asset in an Illinois Divorce?
St. Charles IL Divorce Lawyers Assisting Clients with Dividing Businesses
In most cases, a business that began during the marriage and has been owned by both spouses is considered a divisible asset. There are options for you and your spouse regarding how to handle scenarios if one party plans to take over the business or if you decide to continue running it together. Our attorney team at Pucci Pirtle can help go over the best plan of action for dividing the business.
Understanding evaluations for businesses can be quite complex, and that is where our team comes in. You can buy out the interest of that business from your spouse or continue to receive your fair share moving forward. We recommend that you not attempt delving into any of those negotiations without competent legal representatives assisting you.
Some divorce and family law attorneys can handle smaller asset cases, but not all of them have experience with businesses possessing high-volume assets or business evaluations. This is a multifaceted area where years of knowledge in this field will be most beneficial for your interests. However, one key factor to remember is that if the business was owned or inherited by one of the spouses prior to the marriage, it is not considered marital property that can be divided.
Contact Our St. Charles IL Divorce Attorneys
Handling the division of property is an area in which our team at Pucci Pirtle has years of experience. You can contact us at whichever one of our offices is near you to set up a free consultation. If you live in the Elgin area, our number is 847-426-1866. If you are located closer to the St. Charles area, that office's number is 630-945-8807. Lastly, if you happen to live near or in Algonquin, we can be reached at 224-249-3200. We look forward to hearing from you and helping with this difficult process.