Posted on November 19,2024 in Property Division

A National Endowment for Financial Education poll analyzed "financial infidelity" among married adults. Two out of five of the adults polled admitted they had committed some type of financial deception during their marriage. Financial infidelity includes hiding purchases, money, or accounts or lying about debt owed or income earned.

Men were found to be more likely than women (47 vs. 39 percent) to report committing financial deception. While it would be nice to be able to trust one’s spouse during a divorce, realistically, if spouses are not transparent with finances during the marriage, they are unlikely to be transparent during the divorce, during the division of assets.  

By the time a divorce is in the works, spouses may have little trust in one another, particularly when it comes to finances. One spouse may believe the other is already hiding assets or will hide or remove assets. As a result, one or both spouses can ask the court to freeze marital assets during the divorce until those assets can be appropriately divided and distributed.

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 Posted on November 13,2024 in Divorce

Divorce is financially stressful and emotionally exhausting, especially when one spouse refuses to play by the rules. When underhanded strategies are used by one spouse to gain an unfair advantage during a divorce, the other spouse may not know how to counter these tactics effectively. Having an experienced Will County, IL divorce attorney from Law Office of Ronald L. Hendrix, P.C. can help ensure you have a strong advocate in your corner who will always look out for your rights and your future. Below are the five most commonly seen sneaky divorce tactics.   

One Spouse is Hiding Assets from the Other

There are numerous ways to hide marital assets during a divorce. These include underreporting income, transferring property to friends or family, inventing debt to minimize assets, and delaying work bonuses or compensation until after the divorce. Texas community property laws dictate that all marital assets are subject to a 50/50 split. If some of those assets are hidden, then a fair division is not possible. It is important that spouses have a comprehensive picture of the marital assets. In some instances, a forensic accountant must be brought in to trace hidden assets.

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 Posted on November 05,2024 in Divorce

According to Census Bureau data, those in the military have the highest divorce rate of any career field, at roughly 4.8 percent. When one or both spouses are members of the Armed Services and a divorce is at hand, there are extra challenges. Female service members have an even higher rate of divorce, at 7.4 percent. These divorce rates compare to the "average" divorce rate of 2.5 percent.

One cause of military divorce could be that service members tend to marry at a younger age than the general population, with more than half of our troops married before they turn 25. If you or your spouse are an Armed Services member, there are unique issues associated with a military divorce. Having an experienced Will County, IL divorce attorney from Law Office of Ronald L. Hendrix, P.C. can help you get through this difficult time with the best possible outcome.  

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 Posted on October 31,2024 in Spousal Maintenance

Perhaps you are a hardworking person whose husband has been less than hardworking throughout your marriage. In fact, this may be one of the reasons you have decided to divorce him. He may have had many work opportunities throughout your marriage but has declined to take a single one as he waits for the "perfect job."

Now, although he is perfectly able-bodied, educated, and trained, he has decided he would rather continue to let you financially support him via spousal support, even after the divorce. What can you do? Alimony, more commonly known today as spousal support or spousal maintenance, is often an area of contention between spouses. The spouse ordered to pay spousal support is unlikely to be happy about it, and the spouse receiving spousal support may believe they deserve more.

Illinois determines whether spousal support is appropriate by using a list of factors along with state statutes that outline how spousal support is calculated. If you are concerned that your spouse will receive spousal support even though he or she refuses to work, it is time to speak to an experienced Naperville, IL divorce lawyer from the Law Office of Ronald L. Hendrix, P.C..  

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 Posted on October 24,2024 in Child Custody

The Illinois Attorney General recently joined 13 other states in a lawsuit against TikTok, alleging harmful business practices that target children and teens negatively impact their mental health. The lawsuit alleges that TikTok intentionally designed its social media platform to keep children focusing their time and attention on the site.

A nationwide investigation against TikTok, launched in 2022, resulted in allegations against the site, including the potential for self-harm, anxiety, depression, sleep deprivation, and even suicide among children and teens. According to the investigation, TikTok aims to keep users on the platform as long as possible. The U.S. Surgeon General determined that teens who spend more than three hours a day on social media have twice the risk of mental health issues.

Divorced parents can experience serious disagreements about how much time their teens should be allowed on social media sites, including TikTok. Divorce is tough, and the decisions regarding the allocation of parental responsibilities and parenting time can be even tougher, especially when parents have significantly differing opinions about the best way to raise their children.  A Will County, IL parental responsibilities lawyer from Law Office of Ronald L. Hendrix, P.C. can help resolve these disagreements.

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 Posted on October 15,2024 in Child Custody

At least 20 percent of U.S. homes have a child with a disability, special healthcare needs, or a chronic illness. The challenges that arise when parenting a special needs child can be the reason for a divorce or one of many reasons that become the final "push" over the edge for a couple. The divorce rate for those with an autistic child is 80 percent – considerably higher than the divorce rate for parents without an autistic child.  

When a couple with a special needs child divorces, there are additional issues beyond the standard custody, visitation, and child support factors that must be decided. The child’s needs, whether they are social, educational, psychological, or medical, must be fully addressed in a comprehensive parenting plan following the allocation of parental responsibilities.

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 Posted on October 08,2024 in Divorce

Divorce is often complex and emotional. It can be even more so if you are a spouse who wants to divorce your mentally ill spouse. Living with a loved one who has a diagnosed mental illness can be a constant roller coaster. You may have tried virtually every tip and tactic for dealing with your spouse’s mental illness.

If your relationship has become too emotionally draining or if your own mental health is being adversely affected, it could be time to consider divorce. To be clear, Illinois is now a no-fault divorce state, which means the only grounds for divorce recognized in Illinois are irreconcilable differences.

So, while the mental illness of a spouse cannot be used as grounds for divorce, mental health issues can impact the division of marital assets, the allocation of parental responsibilities, and spousal maintenance. The spouse who is mentally ill cannot file for divorce on his or her own, but a guardian can file on behalf of the mentally ill spouse.

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 Posted on September 30,2024 in Property Division

Asset division can be one of the more contentious aspects of an Illinois divorce. The assets with the highest value during a divorce are often the marital home and retirement funds. Yet the marital home may be overlooked for several reasons. If the divorce is particularly acrimonious, both parties may want to sell the home as quickly as possible and split the profits. If the real estate market is high, this could be the best course of action for both spouses. If the real estate market is in a downward spiral, keeping the home could be more lucrative until the market rebounds.

How the marital home is split will also depend on whether the couple has children and whether the court believes keeping those children in their accustomed home is in their best interests. Depending on each couple's specific circumstances, there are many other solutions for the marital home during a divorce. If you are considering divorce, it is important that you understand the value of your marital home before walking away from it. Having a Naperville, IL asset division attorney from the Law Office of Ronald L. Hendrix, P.C. as your legal advocate during your divorce can ensure you receive your fair share of the marital assets.   

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 Posted on September 20,2024 in Child Custody

Most of us have a word – or several – that makes us cringe every time we hear it. But you may have never really thought about the word that can make your divorce and your children’s transition to divorce much harder than it needs to be. What is that word? "Visit." As in, "You are going to visit your father this weekend." Or "When you visit me, I want you to go to bed at 9:00."

Why should this word be erased from your language where your children are concerned? Most of us think of "visit" in terms of friends coming over to visit or Great Aunt Alice coming from Phoenix to visit. The term "visit" or "visitation" rarely extends to children and parents because they are not "visitors" in one another’s lives; they are family. Now more than ever, your children need to hang on to the connectedness they had with each parent before the divorce.

Perhaps this is why the state changed the Illinois Marriage and Dissolution of Marriage Act in 2016, erasing the words "custody" and "visitation" from the statutes and changing them to "allocation of parental responsibilities." You may be surprised to find that your Naperville, IL lawyer has the compassion and resources necessary to help you and your children move forward in the best way possible. This can include getting rid of old words and using words with more positive connotations.

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 Posted on September 16,2024 in Divorce

Divorce is a stressful, frustrating time for most couples. Depending on various factors, your divorce may take months or even a year or more to finalize. When you are dealing with one divorce issue after another, it can be difficult to keep your focus on your career. Whether your divorce is contested or uncontested and whether you have children with your spouse can significantly impact the time your divorce will take and the headaches you will face.

While there is no waiting period in the state of Illinois for an uncontested divorce – as long as you meet the residency requirements – a contested divorce will take more time. There may be disagreements about asset division, spousal support, child custody, and more. After spending a considerable amount of time and education to get where you are in your career, your divorce is a distraction you simply cannot afford.

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