Posted on March 26, 2021 in Property Division

One of the biggest areas of concern for couples during a divorce is the asset division process. Many people have questions about how their property will be divided upon divorce, especially as it pertains to expensive assets such as a home or a small business. Like most states, Illinois only considers the property that each spouse acquired during the marriage to be the property that is subject to division during divorce. In most cases, determining what is marital and nonmarital property is fairly cut-and-dried; however, there are situations in which nonmarital property can lose its individual identity.

Distinguishing Between Marital and Nonmarital Property

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) states that only marital property is subject to division during divorce. Marital property includes any assets or debts that either spouse acquired during the marriage, with a few exceptions. These exceptions include:

Continue Reading ››

 Posted on March 23, 2021 in Domestic Violence

Even under the best of circumstances, divorce is difficult and stressful. While it is true that going through a divorce with an agreeable spouse can be much less taxing, both emotionally and financially, any divorce has the potential to become a high-conflict divorce. This is especially true when domestic violence is involved in a divorce, which is, unfortunately, not all that uncommon. Exposure to domestic violence and abusive behaviors have been proven to negatively impact children and even increase the chances that the children will exhibit abusive behaviors in adulthood. Because of this, Illinois takes accusations of domestic violence very seriously, especially as the situation pertains to child-related issues such as parenting time.

Determining Parenting Time With an Abusive Spouse

Every decision a judge makes in Illinois is done after carefully considering all factors pertaining to the child’s best interest. According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), the judge assigned to a case will make decisions about parenting time based on the presumption that spending time with both parents is in the child’s best interest. If there is abuse or domestic violence present in the household, you need to be sure to bring that to the judge’s attention so the court can address the issue appropriately.

Continue Reading ››

 Posted on March 19, 2021 in Divorce

In many divorces, there is some level of contention or resistance between the spouses. In some cases, this can manifest in the form of simple disagreements during negotiations. In other cases, this contention stems from a combative and in some cases, potentially even narcissistic spouse. High-conflict divorces are not only stressful for the entire family, but they also turn into legal marathons that require a lot of time and can end up costing quite a bit of money. If you are contemplating divorce and you suspect your spouse may be difficult during the divorce process, there are things that you can do to try to keep your divorce as amicable as possible.

Is Your Spouse a High-Conflict Person?

Before you even begin the divorce process, you should have a good idea of whether or not your spouse is going to be agreeable during the divorce. In most cases, the spouses who act the worst during divorce already have underlying personality or mood disorders, such as narcissistic personality disorder. Classic signs and symptoms of a high-conflict personality include:

Continue Reading ››

 Posted on March 16, 2021 in Divorce

Getting a divorce can feel like you are running a marathon with hurdles and other obstacles in your way the entire time. Even those who are the most prepared going into a divorce can come out on the other side feeling drained in nearly every way -- emotionally, financially, and physically. It can come as a sigh of relief once the judge finally signs on the dotted line of your divorce decree, but that does not mean that your work is done. Now that you and your spouse are legally divorced, the work of ensuring that the terms of the divorce judgment go into effect begins.

Update Documents if Your Name Has Changed

For many people, women especially, taking their partner’s last name is a symbolic way to show the creation of their family and their commitment to their spouse. However, many people choose to change their last name back to what it was prior to the marriage after their divorce. If you have changed your name, you should be sure to update all of your important documents and request official copies of them, such as your driver’s license, credit cards, medical insurance, and more.

Continue Reading ››

 Posted on March 12, 2021 in Paternity

When you are not married and you have a child in Illinois, establishing the paternity of your child can be more complicated than it is for a couple who is married. When a couple is married at the time the child is born, the man to whom the mother is married is presumed to be the child’s legal father. When a couple is not married, there are extra steps that must be taken to establish the paternity of their child. For many people, establishing the paternity of their child is a sentimental act, but it also carries many legal benefits for everyone, including the mother and father. For instance, fathers in Illinois do not have any rights to parenting time or parental decision-making responsibilities unless their paternity has been established to their child. Paternity cases can become complicated, but an experienced Illinois paternity lawyer can guide you through the process.

Benefits of Establishing Paternity

Continue Reading ››

 Posted on March 09, 2021 in Gray Divorce

Of all of the situations that divorced couples are in when they finally call it quits, the circumstances in a gray divorce may be the most bittersweet. A gray divorce, also known as a late-life divorce, typically involves a couple who is over the age of 50. These couples have often been together for many years, if not decades, making the situation that much more difficult for everyone involved. However, divorce is sometimes the best choice that you can make later in life. The number of gray divorces in the United States has been on the rise in recent years and the gray divorce rate has actually doubled since 1990. There are many things that can complicate a gray divorce, but property division issues can cause some of the biggest problems during a divorce later in life.

Illinois Property Division

It is a general consensus these days that a divorce agreement that you and your spouse reach from working together is more favorable over a divorce decree that must be handed down by a judge. Sometimes, however, working with your spouse to reach an agreement may be impossible. If your case must be settled by a judge, he or she will be bound by Illinois law and will follow the property division rules set forth in the Illinois Marriage and Dissolution of Marriage Act (IMDMA). This means that all of your marital property, which is any property or debt that was acquired during the marriage, is subject to division and must be divided in an equitable manner.

Continue Reading ››

 Posted on March 05, 2021 in Child Custody

Most people will agree that when it comes to a child’s best interests, his or her parents typically know what would best fit the child, better than anyone else. However, when parents get divorced, it is not always feasible to expect them to work together and come up with a parenting plan that they both agree on. Many times, marriages have deteriorated to the point that the parents are unable to effectively or respectfully communicate with one another, even for the sake of their children. As stressful and difficult as the divorce process is for you, it is just as, if not more stressful for your children. Child custody disputes are not uncommon, especially in high-conflict divorces. However, exposure to the conflict has been shown to be detrimental to children. If you anticipate difficulty from your spouse when it comes time to negotiate your parenting time and parental decision-making responsibilities, there are certain things you should try to spare your children from.

Continue Reading ››

 Posted on February 28, 2021 in Child Support

When a child’s parents are not in a relationship with one another, it is very likely that some form of parenting agreement has been created to lay down the terms of the co-parenting relationship. In many cases, the parenting agreement will also include the terms of child support that the parent with the least amount of parenting time is required to pay to the other parent. However, not all parenting agreements contain information about child support orders. Whatever the reason for the absence of the child support order at the time the parents split, some people may not know that the state of Illinois allows parents to collect retroactive child support in some situations.

Retroactive and Back Child Support

Once entered, child support orders are enforceable by law, meaning you face consequences if you do not obey the order. If a parent does not make the required monthly payments, this means they have become delinquent on their order. They still are required to make the scheduled monthly payments, in addition to making back payments for any support payments they missed.

Continue Reading ››

 Posted on February 27, 2021 in Property Division

When you and your spouse were first married, you made vows to always be faithful to one another. It can be extremely difficult to learn that your spouse has been deceptive about certain things, even if they were about topics such as finances. In a previous blog, we discussed the indicators of potential hidden assets and the importance of uncovering them for the sake of the marital estate. Uncovering hidden assets can be difficult work if you are not trained in doing so, which is why you should seek help from a professional if you suspect your spouse has not been completely truthful. Forensic accountants are professionals who are trained to look for things like hidden assets when collaborating on a divorce case and can be instrumental in helping you ensure you get your fair share of the marital estate.

Your Forensic Accountant at Work

In a contested divorce, before any decisions are made about property, assets, or debts, both parties will go through what is called “discovery.” This is simply the process of exchanging information between both parties and their lawyers prior to beginning negotiations. If you have a forensic accountant on your team, he or she will take the information given to you by your spouse and look over it with a fine-toothed comb.

Continue Reading ››

 Posted on February 25, 2021 in Child Custody

Whether you are going through a divorce in DuPage County and have minor children from your marriage, or you share minor children with a partner and you have decided to separate, you will need to learn more about how Illinois law handles child custody issues. Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), Illinois courts no longer award child custody to one or both parents. Further, courts no longer use the terms legal custody and physical custody to describe the relationship between a parent and a minor child. Instead, courts allocate parental responsibilities.

According to the IMDMA, there are two different types of parental responsibilities: significant decision-making responsibilities and parenting time. What is the difference between them, and how do courts allocate them?

Learning More About Significant Decision-Making Responsibilities

The IMDMA explains that significant decision-making responsibilities are those that involve "deciding issues of long-term importance in the life of a child." There are various issues that often are of long-term importance in the life of a child, but the IMDMA specifically identifies the following as significant issues:

Continue Reading ››