Posted on September 27, 2023 in Divorce

Legal separation and divorce are both methods of separating from your spouse. Both legal processes can help you and your spouse decide who will keep control of certain assets and how you will share parenting rights and duties once you are apart. However, this is roughly where the similarities end. Divorce is a far more permanent step than legal separation. 

Additionally, while divorce terminates the marriage, legal separation does not. Spouses who legally separate are still married in the eyes of the law, even though they no longer live together in a marital relationship. This can offer some benefits, as legally separated spouses can still file taxes jointly or keep each other on their health insurance policies. Your attorney can help you determine whether divorce or legal separation is the right option for you. 

Continue Reading ››

 Posted on September 15, 2023 in Spousal Maintenance

One common cause of stress and tension that can continue even after a divorce is finalized is spousal support (previously known as alimony). In many marriages, the earning power between spouses is uneven and results in a lopsided financial arrangement that can hurt a lower-earning spouse after divorce. This is especially true if one spouse gave up career ambitions to care for a couple’s young children. 

Nevertheless, it is common for the paying spouse to disagree with the necessity or fairness of spousal support and to not make these payments. If this sounds familiar, you do not have to solve this problem on your own. Consult with an experienced spousal support attorney who can help you with the enforcement process and ensure you receive the money you are entitled to under the law. 

Why Is My Spouse Not Making Spousal Support Payments? 

People sometimes come on hard times and fall behind in making spousal support payments for many reasons. If your ex typically makes spousal support payments on time and has only recently fallen into arrears, you may want to consider reaching out to them directly and asking for an explanation. You may be able to work something out between the two of you, although it is wise to get such an agreement in writing. 

Continue Reading ››

 Posted on September 14, 2023 in Divorce

Infidelity is one of the leading causes of divorce. This kind of betrayal can sever the bond between a married couple. Although it is a common cause of divorce, many people are still confused about whether it can affect spousal support and parental responsibilities in Illinois. You can consult an experienced attorney to help you navigate this complicated divorce process. 

Can Your Ex-spouse Still Get Spousal Support if They Cheated?

Illinois is a state that mandates no-fault divorce, so there is no requirement to establish grounds for divorce, such as adultery. As a result, infidelity itself usually does not directly affect spousal support payments. 

The role of spousal support is to ensure that both spouses can maintain a living standard that is roughly equivalent after a divorce. The criteria for calculating spousal support include the following: 

Continue Reading ››

 Posted on September 06, 2023 in Child Custody

Handling issues of child custody is tricky under the best of circumstances, but unmarried parents can present additional challenges. In the state of Illinois, if you are not married to the other parent of your child, then you must establish paternity if you are a father hoping to get parental rights for a child. A knowledgeable attorney can help you navigate this difficult process. 

Does Signing the Birth Certificate of Your Child Establish Paternity?

If a couple is married and has a baby, the man is assumed to be the child’s legal father. If a couple is unmarried, however, both parents must complete a Voluntary Acknowledgement of Paternity (VAP) form. If one parent cannot or will not sign the VAP, then it will be necessary to try to establish paternity through a court order or through an administrative order from the Illinois Department of Healthcare and Family Services (HFS). 

Continue Reading ››

 Posted on August 29, 2023 in Divorce

Divorce cases involving disputes over substantial assets, intricate property division, or child custody conflicts require thorough advanced preparation in Illinois. Understanding key steps is crucial when navigating high-stakes divorce complexities.

Compile Comprehensive Financial Documentation

Gather an exhaustive inventory of all financial assets and debts, including recent tax returns, pay stubs, property deeds, mortgage statements, retirement and investment accounts, stock options, company equities, and valuations of collectibles. Detail which assets were acquired before versus during the marriage. Organize records systematically.

Document Your Parenting and Child Care

To strengthen your custody argument, gather compelling evidence showcasing your dedication as a parent. Include a comprehensive range of supporting documents such as:

Continue Reading ››

 Posted on August 22, 2023 in Divorce

Hiding assets from your spouse during a divorce may seem strategic initially, but it carries significant legal and financial risks that can end up harming you in the long run. 

Illinois Law Mandates Complete Financial Disclosure

Illinois divorce law requires full disclosure of all assets, debts, income, expenses, and any financial information acquired during the marriage. Many spouses think they can get away with hiding money in undisclosed accounts, underreporting income, or not mentioning certain properties. This is a dangerous legal strategy.

Intentionally concealing assets or lying during sworn testimony constitutes perjury. It also violates statutes requiring truthful financial affidavits from both parties. The courts treat failure to disclose and fraud very seriously. Any spouse caught purposefully hiding assets will face consequences.

Continue Reading ››

 Posted on August 11, 2023 in Divorce

If you are planning to get divorced, you are likely hoping that the process will be relatively easy. A more financially complex divorce that needs to be contested can take several years to finalize. However, if you and your spouse have a complicated financial situation, it is likely worth it to take the extra time needed to sort through these matters. A variety of financial factors can lead to a more complex divorce. Depending on the nature and extent of property each of you owns separately as well as that of your marital property, your divorce may be somewhat challenging. If either of you has ownership interest in a business, or you have joint investments, or have built up a retirement account together, these types of property will need to be addressed in your divorce. The best strategy for dividing complex assets or working through complex financial situations will depend on the nature of the assets involved. It is important to be represented by your own attorney throughout the divorce process. 

Continue Reading ››

 Posted on August 03, 2023 in Divorce

If you have decided to divorce your spouse, you likely do have a reason. It could be that your spouse has committed adultery, or has become addicted to drugs. Or your reason could simply be that you no longer have romantic feelings toward your spouse. In the past, you might have needed to prove your reasons to a court. There used to be defined grounds for divorce like “extreme cruelty” and “abandonment.” Now, Illinois courts generally only recognize one ground for divorce, and that is that you and your spouse have “irreconcilable differences.” Since 2016, this is the only ground for divorce in Illinois’s new “no-fault” system. While your spouse could certainly be the one who took a course of action that directly caused you to choose to divorce them, you will not likely need to prove it. Courts are more interested in completing your divorce and getting you a final decree than in hearing evidence related to why the marriage has not worked out. It is still best to be represented by an attorney, as there are some facts you may still need to prove. 

Continue Reading ››

 Posted on July 30, 2023 in Property Division

Recklessly spending money before a marriage is completely over could land a spouse in trouble in divorce proceedings. All spouses must obey the divorce order once the judge has entered it, but before a divorce is finalized, each spouse has the obligation to preserve marital assets to the fullest extent possible. If not, they could be considered to be dissipating marital assets and may face punishment from the court.

The Legal Definition of Dissipation in Illinois

Dissipation does not mean simply wasting marital assets. The Illinois Supreme Court had defined dissipation as the "use of marital property for the sole benefit of one of the spouses for a purpose unrelated to the marriage at a time that the marriage is undergoing an irretrievable breakdown."

While the classic example of dissipation is spending money on a new lover, the definition could also apply to situations that reach beyond that. For example, Illinois courts have even found dissipation when one spouse donated money to a church. If the spouse made a large purchase for themselves, or they failed to properly tend to marital assets, they could be found to be responsible for dissipation.

Continue Reading ››

 Posted on July 30, 2023 in Divorce

The first meeting with your divorce lawyer may feel uncomfortable and frightening. After all, you are embarking on a process that will have plenty of uncertainty and possible stress. While you may not be able to control other parts of the divorce process, you do have some level of control over your initial meeting with the lawyer. Your first conversation will be more beneficial when you come prepared.

Keep an Open Mind

You may have an idea in your mind of how your divorce will proceed. Unfortunately, your ideas will sometimes run into the realities of the divorce process and the law. You may hear something that you did not expect. You should not have any firm preconceptions in your mind. Instead, you should prepare to be flexible based on what your attorney tells you. It may take some time to know where your divorce is heading, and you should not expect to leave with any concrete plans after your first meeting.

Continue Reading ››