Posted on July 11, 2022 in Divorce

In an Illinois divorce, the state divides marital property in an equitable, fair fashion. Marital property is divided between the spouses based on many factors including their contributions to the marriage, financial resources, earning capacity, and needs. If one spouse receives the house after the divorce, the other may receive a more significant portion of the retirement account. However, what happens to personal belongings and family heirlooms during a divorce? Can a spouse be awarded the other’s personal belongings?

Shared Versus Unshared Property

Property division during a divorce is considered under the umbrella of two property types— shared and unshared. Shared items, also known as marital property, were obtained throughout the marriage, so both spouses have a right to the property. Non-marital property includes items purchased before the marriage or given to a partner before the marriage. Assets acquired through inheritance or gift are also separate property. 

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 Posted on July 05, 2022 in Uncategorized

When dealing with a divorce, it is not uncommon to come across a contentious spouse. The disagreements between two partners often lead them to feel contempt for one another and break down their ability to communicate and reach a mutual agreement. The inability to communicate is usually expressed during the divorce process — contested divorces can include a failure to agree on various elements of a divorce decree. However, a problematic spouse can also lead to a difficult ex-partner. Suppose your ex does not uphold their end of the divorce agreement, including failure to pay spousal support. In that case, they can be held legally responsible. 

Defining a Divorce Decree

A divorce decree, or a divorce agreement, is a legal document upheld in a court of law. In other words, spouses can not violate a divorce decree. Both spouses will be legally required to follow the orders defined in the agreement. In the case of spousal support payments, also known as alimony, partners must uphold the agreement dictated in the divorce decree. If a partner decides not to follow their requirements from the contract, they can be held in contempt of court for refusing to obey a court order. 

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 Posted on June 24, 2022 in Divorce

Making the decision to divorce your spouse is difficult. However, breaking the news to your children can become another hurdle. News of a separation, divorce, or breakup can be highly unsettling for children, especially young ones. Kids thrive off of routine and stability, making separation difficult for them to accept. If you are struggling to break the news of a breakup with your kids, here are ten tips that can help you prepare for a conversation. 

1. Meet with a Child Psychologist 

Many psychologists and therapists specialize in working with children. Having a licensed counselor working alongside your children as they go through a divorce can help a child process their emotions and healthily work through grief. A therapist can provide you with strategies for communicating with your children. 

2. Maintain a Routine 

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 Posted on June 17, 2022 in Divorce

 If you feel that your relationship with your spouse is ending, you may be ready to terminate your marriage. Choosing to divorce a spouse is not easy, and most partners conduct lots of research before making this life-changing decision. Spouses may look into the cost of divorce, how to divide shared property, and use testimonies from other divorced couples to understand the divorce process. However, just like each couple, every divorce differs in many ways. 

Contested and Uncontested Divorce in Illinois 

Divorces can come in many forms. The most common distinction between divorces is whether the process is contested or uncontested. In a contested divorce, spouses will disagree over an aspect or multiple aspects of the divorce outcome. For example, a contested divorce could include a husband and wife in complete disagreement over who will remain living in the shared family home. On the other hand, an uncontested divorce is typically collaborative, and the spouses work together to form a mutual divorce agreement. In an uncontested divorce, there likely won’t be much fighting or disagreement. 

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 Posted on June 10, 2022 in Divorce

 Separation before a divorce can be confusing for many reasons. While you are still legally married, you and your partner may live apart. Your partnership may feel more like a series of legal obligations to sort through before your divorce is finalized. While being separated allows couples to begin independent lives as single individuals, spouses still have legal obligations to one another. Partners must make many decisions during separation, including how to remain financially afloat. 

Who Pays the Bills?

Illinois courts will attempt to maintain the status quo when deciding who pays which bills throughout the divorce process. Essentially, this means that whatever the strategy was for paying the bills before separation will be maintained. For example, if your spouse would typically pay the mortgage payments, and you would pay for the cars, this payment schedule is expected to be maintained throughout the separation. 

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 Posted on June 03, 2022 in Divorce

The divorce process opens the door to new discussions for partners. It can be challenging to know how to navigate the many gray areas uncovered throughout a divorce, such as how much spousal support will be awarded, who will stay living in the shared family home, and which financial assets belong to each respective spouse. One common question posed during a divorce is how to pay bills during the marriage dissolution process. In short, the answer to this question is that it depends. There are a few key distinctions to consider when deciding how to pay family bills during the divorce process. 

Consideration One — Joint and Separate Assets  

In Illinois, whoever owns the financial asset, whether a mortgage or other payment, is responsible for maintaining that payment, even throughout a divorce. If you and your partner share the deed to the house, you are both responsible for paying the mortgage until the divorce is finalized. Couples should consider which assets are individually owned and which are shared to create a plan for maintaining those bills throughout a divorce. 

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 Posted on May 27, 2022 in Divorce

Choosing to divorce your spouse is a difficult decision. There are various reasons that couples make the final decision to dissolve their marriage, from infidelity to unmatched values. Illinois is a no-fault divorce state, which means that spouses do not need to express the reasoning behind the divorce. In a no-fault divorce, the only grounds for divorce are irreconcilable differences. 

Defining Irreconcilable Differences

When things are irreconcilable, they are unable to be made compatible. In divorce terms, irreconcilable differences refer to couples being completely incompatible and unable to resolve their differences. This is an overarching term used to describe the many reasons that couples argue, leading to a divorce. For example, in a state with fault-based divorce, infidelity may be listed as the grounds for divorce. However, infidelity and other marital miscouduct usually has little bearing on the outcome of an Illinois divorce.

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 Posted on May 19, 2022 in Property Division

Throughout a marriage, couples wind up sharing virtually everything from a house to bank accounts. When spouses decide to make the difficult decision to file for divorce and dissolve their marriage, they must discuss how to divide this shared marital property. They may consult a divorce attorney to discuss who will remain in the family home, which spouse will receive most parenting time or custody of the children, and how debt payments will be divided and paid off. Most people focus on these big-ticket items. However, many other types of overlooked shared marital property are essential to consider when filing for divorce. 

Pets

Spouses may overlook pets when considering how to divide shared marital property during a divorce. Although pets may feel like family members, pets are considered property in Illinois. Before 2018, when deciding who gets what during a divorce, pets were treated the same as any other type of property. The court did not award joint ownership or make “pet custody” arrangements. New provisions enacted after 2018 allow spouses to create joint ownership agreements for pets and consider the pets’ best interests.

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 Posted on May 13, 2022 in Divorce

Most people believe that a divorce attorney is only necessary for a contested, highly volatile divorce. This theory is often portrayed in the media, from high-profile celebrity divorce cases to movies that depict lawyers fighting for their clients in court. Although attorneys can be used in contested situations or to help provide mediation between parties, divorce law can cover a variety of situations, including uncontested divorces. Even when both spouses agree about divorce issues like property division and parental responsibilities, a lawyer can help facilitate the process, file the correct documents with the court, and ensure the marriage dissolution is completed correctly. 

What Can a Divorce Attorney Do For Me? 

Many life-changing decisions are made during a divorce. While these choices may be challenging for some couples, some spouses can agree quickly. In an uncontested divorce, spouses can agree on issues such as who will remain in the shared family home, how financial assets will be divided, and who gets the majority of parenting time if the couple shares children. Even if there are no negotiations or mediation necessary between spouses, an attorney is helpful. A divorce lawyer can:

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 Posted on May 06, 2022 in Uncategorized

Every divorce is different and unique to the family undergoing marriage dissolution. When spouses cannot agree upon these decisions together, there are many different routes that families can take to complete a divorce, such as mediation between spouses. During a divorce, litigation is usually seen as a last resort. Litigation can be intimidating, time-consuming, and expensive. If a settlement is not reached, litigation will move to trial.   

The Reason Why Divorce Cases Move to Trial

The main reason divorces move to trial is because spouses are unable to reach an agreement about one or more divorce issues. A trial will leave the decision-making to the court, not the spouses themselves. Many decisions made during a divorce are problematic because they drastically change the family dynamic moving forward. For example, many couples will disagree regarding child custody and visitation arrangements or ownership of shared marital property. Firm disagreement over divorce issues results in a contested divorce. 

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