Frequently Asked Questions about Illinois Divorce Laws

In Illinois, divorce is referred to as Dissolution of Marriage and the decision should not be taken lightly. Here are some frequently asked questions and their answers about divorce laws in Illinois you should be aware of:

Q. Does Illinois Have A Residency Requirement?

A. Yes, it does. You can only file for divorce in Illinois if you have lived in the state for the past 90 days. This includes members of the armed forces. Also, if you want the court to get involved when it comes to child custody and visitation rights, you need to make certain your children were Illinois residents for the past six (6) months.

Q. Do I Need an Attorney if I Agree with My Spouse on Everything in the Divorce Decree?

A. In this case, you do not have to hire an attorney, however, hiring an attorney is always advisable. Divorce cases can get quite complex and yours can have consequences you may not be aware of. You cannot use the same lawyer as your spouse – even if you agree on everything.

Q. What is a ‘no-fault divorce?

A. A ‘no-fault’ divorce means neither you nor your spouse were responsible for the breakup of your marriage. The grounds for a no-fault divorce include the following:

Irreconcilable differences caused the breakup of the marriage
Efforts at reconciliation failed
Both spouses have lived separately from one another for at least two (2) years. Spouses can also live separately in the same house as roommates only
Further attempts at getting back together are not in the family’s best interests

Q. In What Case Can the Supporting Spouse be Eligible for Spousal and Child Support?

A. As a filing spouse, if you have lived in Illinois for the last 90 days but your spouse is not a resident of the state and has never committed any act in the state which would cause the court to take notice, he/she may not have to pay for support. That’s because the court does not have jurisdiction over them in any way.

This is barely the tip of the iceberg. If you have more questions about the divorce process in Illinois, get in touch with the attorneys at Covert Marrero Covert today. We treat each client with the respect and compassion they deserve and will ensure your best interests are protected. We do not back down from high-powered adversaries. Get in touch with us for a consultation in Warrenville, Naperville and Schaumburg, IL, today.

Your Basic Guide to Purchasing Real Estate in Illinois

The process of buying a home in Illinois has become increasingly complex over the years. While retaining a skilled real estate attorney from the start is a good idea, you should also familiarize yourself with the steps of the buying and selling procedure. Here are some things you need to know.

The Residential Purchase and Sale Agreement Defines Parameters

The Illinois Residential Purchase And Sale Agreement is a binding contract, which binds a seller and buyer into a legal agreement. It allows both to negotiate terms of the agreement with aid from third parties, such as a realtor. Once the contract is signed, it cannot be violated or broken in any way.

The agreement comprises relevant terms and conditions, such as the price, surveys, financing, the condition of the property and other elements both parties must come to an agreement on. The buyer must ensure the property undergoes proper inspections before he/she signs the agreement. Similarly, the seller has to make sure to give the buyer a standard state disclosure form.

Inspection and Loan Approval Is Mandatory In Most Cases

Most real estate contracts come with an inspection provision, meaning buyers have the right to hire a professional inspector to check for defects. Some may also allow buyers to request repairs to the property post inspection. Others may allow repairs as per a set dollar amount and some may also allow the buyers to cancel the deal if they think the property is beyond repairs.

Whatever the case may be, the buyer and seller attorneys will negotiate repairs on their clients’ behalf. Once the inspection period has passed, the attorney of the buyer will help his/her client with the mortgage contingency. This allows the buyer to cancel the transaction if he/she cannot acquire a loan that meets the terms of the contract.

In such cases, the attorney has to determine whether the loan commitment of the lender complies with the terms of the contract or not. This also includes ensuring the seller receives proper notice regarding loan approval or if it was not approved.

Whether you want to sell or buy real estate in Illinois, get in touch with the attorneys at Covert Marrero Covert LLP today. We are experienced in guiding clients through the often complex transaction process. Get in touch with us for a consultation in Warrenville, Naperville and Schaumburg, IL today.

Warning Signs That Should Make You Consider Filing For Bankruptcy

You may find yourself without a job and are now overwhelmed with debt you have no hope of paying off. If this sounds like a situation you have gotten yourself into, you might consider filing for bankruptcy. Before you reel back in shock, consider the fact that this may be the best financial decision you can make.

If you still think you are financially sound, ask yourself these questions:

Do you spend more time on the phone with debt collectors than your family?
Do you only make minimum payments on your credit cards?
Do you use your credit cards rather than your salary to pay for necessities, such as groceries?
Do you have a stack of bills spilling out from your drawer?
Do you spend your whole salary before the end of the month?

If you answered yes to even two of these questions, your financial situation is more desperate than you thought. By filing for bankruptcy, you can formally declare that you cannot afford to pay what you owe.

To determine where you are financially, you should inventory all of your liquid assets first, such as your stocks, real estate, vehicle(s) etc. After calculating a rough estimate, also figure in your bills and credit statements as well.

If the value of the assets you have is far less than the total debt you owe, consider declaring bankruptcy to get out of this situation. However, do not approach this process.

The worst thing you can do is treat it as a cure-all for your current financial situation. While it will help rid yourself of some debt, you also will be obligated to pay off some debt. The aim of this process is to give yourself a fresh start by discharging certain debts and remove your liability for paying them.

Plus, you will have to file for bankruptcy in the relevant court, a procedure that can be quite complex for the inexperienced. This is where an experienced attorney from Covert Marrero Covert can prove invaluable. Our law firm has a large number of cases involving Chapter 7 bankruptcy and can help you organize your finances and determine the best course of action. This includes filing a petition in court on your behalf to initiate the bankruptcy process. If doing so is not in your best interests, we can help you determine alternatives. Get in touch with us for a consultation today.

3 Ways to Drink Responsibly and Avoid a DUI

It can happen to anyone. You go out to have fun, lose track of the drinks you consumed, and before you know it, it’s time to head home. If you don’t do the responsible thing and call an Uber or ask a friend to drop you at your place, you will face a hefty DUI charge if you get behind the wheel. Illinois law is strict with offenders and merciless with repeat offenders.

The trick is not to get so drunk that you become a hazard on the road. Here are some tips on responsible drinking that can prevent that from happening:

Don’t Drink When You Are Hungry

When we drink on an empty stomach, our body absorbs more alcohol than it processes and passes out. So, if you imbibe when you are hungry or to slake your thirst with a beer, the drink will go directly into your bloodstream and make you drunk fast.

Prevent this from happening by eating a big meal before you head to the bar. Stick to fats, proteins and dense carbohydrates, such as yogurt, meat or even a peanut butter and jelly sandwich. The food will slow the effects of alcohol in your bloodstream.

Pace Yourself

Our body can metabolize one drink an hour, depending on the type of drink we consume. It can process 5 ounces of wine, 12 ounces of beer or a shot of liquor during that time only. However, big boned individuals, particularly men, can process a bit more than thinner men and most women can metabolize less than that.

On the other hand, diet, tolerance and other factors can also contribute to this so determining how much we shouldn’t drink. A good rule of thumb is to ensure you don’t have more than one alcoholic drink per hour. Plus, drink at least a pint of water after each one. This will allow your body to process the drink faster and flush it from your system so you won’t get drunk immediately.

Find a Designated Driver

If you cannot hold your drink or find yourself tipsy during a stag or hen party, do the responsible thing and find a designated driver. If you assign one from your party before you all start drinking, that would be a better idea. You can enjoy yourself more and ensure you don’t become a hazard on the road.

Just make sure that the designated driver doesn’t drink excessively and remain sober. Your entire group will be in jeopardy then and/or the driver could face a hefty fine, have their license revoked or worse, face a jail sentence.

At Covert Marrero Covert, LLP, we can make sure you get a reduced penalty in a DUI case and secure you a permit that can allow you to drive under special circumstances. Get in touch with us in Warrenville, Naperville or Schaumburg, IL, today.

The Role of Deficiency Judgments in Foreclosures

The foreclosure process in Illinois or any state, can be a long and tiring endeavor. As a borrower, you may have to deal with financial difficulties – even after it is over and done with. Lenders can also put a deficiency judgment against you to acquire outstanding funds of the loan after the foreclosure.

What are Deficiency Judgments?

Lenders seek deficiency judgment when the owed debt is higher than the sale price of a foreclosed property, which will not cover the amount of debt you owe. The court may tell you to make this payment if the lender appeals to one.

According to the Illinois Code of Civil Procedure, lenders have to file a lawsuit in court to foreclose on a home. In Illinois, lenders can bring two types of deficiency judgments against defaulting borrowers – an in personam judgment i.e. against the borrower and in rem judgment, which is against the property.

In Personam Deficiency Judgment

This is the deficiency judgment the borrower should be really concerned about because if successful, it allows lenders to collect the outstanding amount from them personally. In other words, it gives them the legal right to garnish their salaries and access their bank accounts. In fact, even if the borrower passes away, the lender can collect against their estate.

You can prevent this from happening as a borrower by filing for Chapter 7 bankruptcy. If you file for Chapter 13, you may have to pay part of the debt only.

In Rem Deficiency Judgment

This deficiency judgment usually doesn’t affect the borrower personally. If a lender asks for an in rem judgment, it is seen as part of the foreclosure process, in case the borrower exercises his/her right of redemption.

If you redeem the property after a foreclosure sale, the judgment will allow the lender to put a lien on it to cover the outstanding balance after the payment of the redemption amount. Depending on the court procedure, the foreclosure process can take 215 days in case it is uncontested.

Plus, in Illinois, there can be no deficiency judgment if the lender accepts a Deed in lieu of foreclosure. In this process, the defaulted borrower must transfer the title of the mortgaged property to the lender directly and completely avoid the foreclosure process.

How Covert Marrero Covert LLP Can Help

Receiving a foreclosure notice may feel horrifying, but not if you know the options you have at your disposal. At Covert Marrero Covert, LLP we offer both legal and moral support during this difficult time and provide solutions that can help you get back on your feet faster. The first thing you need to do is act quickly once you receive the notice. This includes working out a mortgage payment schedule with your lender or even filing for bankruptcy – if necessary. Get in touch with us at our law offices in Naperville, Warrenville or Schaumburg, Illinois, for a consultation today.