Posted on April 11, 2023 in Divorce

 Substance abuse can be a challenging issue in divorce cases. If one spouse struggles with addiction, it can impact the entire family and create significant legal and emotional challenges. For anyone interested in getting a divorce from a partner who suffers from a substance abuse problem, there are essential considerations you must be aware of regarding how your spouse’s substance abuse may affect divorce proceedings. Divorce attorneys are keenly aware of how difficult this situation can be. Consult with an attorney, share your concerns, and create a plan with your attorney for how best to address the problem. 

Divorce Issues That May Be Affected by Your Spouse’s Addiction

Child custody is one of the most significant issues in divorce cases involving substance abuse. If one parent is struggling with addiction, having unsupervised visitation with their children may not be safe. In some cases, limiting or restricting the other parent’s access to the children may be necessary to ensure their safety.

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 Posted on March 22, 2023 in Family Law

A prenuptial agreement, sometimes called a prenup, is a legal agreement between two people planning to marry. Essentially, the agreement outlines how the couple's property and assets will be divided in case of divorce. Furthermore, prenuptial agreements are an important consideration for many couples prior to getting married. However, bringing up the topic of a prenuptial agreement can sometimes lead to unexpected reactions from your fiancé. Today, we will discuss what you should do if your spouse gets angry at the idea of getting a prenup.

If you are interested in prenuptial agreements and what they may entail, contact an experienced family law attorney to understand better the process and the potential benefits signing such an agreement may have. 

What to Do if Your Spouse Reacts Negatively to the Idea

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 Posted on March 08, 2023 in Property Division

When going through a divorce, it is not uncommon for one spouse to attempt to hide or dissipate assets in order to prevent their spouse from receiving an equitable amount of their assets. This can be a frustrating and stressful experience, but there are several telltale signs that your spouse may be attempting to dissipate assets. Today, we are going to discuss what several of those signs are. If your marriage is heading towards divorce, consider contacting knowledgeable divorce attorneys to lawfully complete the divorce process while ensuring your rights remain protected and advocated for. 

What is the Definition of Dissipating Assets? 

Dissipating assets refers to the intentional or reckless use, depletion, or destruction of marital assets by one spouse for their own benefit or to prevent the other spouse from receiving their fair share of those assets in a divorce settlement. If you can prove that your spouse dissipated assets, the court may distribute the rest of the marital estate in a way that compensates you for this loss. 

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 Posted on February 24, 2023 in Divorce

In Illinois, non-marital property refers to assets owned by one spouse individually. These assets are not subject to division during divorce proceedings. While marital property is divided equitably between both parties, the non-marital property remains with the spouse who owns it. However, it is essential to note that determining what constitutes non-marital property can be a complex process. 

Today, we are going to discuss what is most important to know regarding non-marital property in Illinois. If you are getting a divorce, contact an experienced divorce attorney who will work to ensure you understand your rights and that a positive outcome can be pursued.

Understanding Non-Marital Property 

Non-marital property refers to assets acquired before the marriage, gifts or inheritances given specifically to one spouse, or any property acquired after a legal separation. In Illinois, any property obtained before the marriage is considered non-marital property. For example, a vehicle that a spouse owned before getting married is his or her sole property. The same is true for other assets like real estate or business assets. Furthermore, debts acquired before a marriage are typically classified as non-marital debt. 

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 Posted on February 10, 2023 in Property Division

The dissipation of assets is a term used to describe the improper use of marital assets by one spouse before a divorce. In divorce cases in Chicago and elsewhere, the dissipation of assets can significantly impact the distribution of property and assets between spouses. If one spouse is found to have dissipated assets, a court may consider this when determining the division of assets in a divorce case. For a court to make a finding of dissipation, it must be shown that the assets were used for a purpose unrelated to the marriage and that the use of assets reduced their value. This could include using marital funds for a mistress, buying expensive gifts for friends, or squandering money on gambling or drugs. 

Suppose you are getting divorced and believe your spouse is engaged in behavior that qualifies as dissipating assets, or you have uncovered information during divorce proceedings that give you a reason to believe your spouse has been involved in this behavior in the past. In that case, an experienced attorney can help you make sense of the situation and provide guidance moving forward through the divorce proceedings. 

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 Posted on January 20, 2023 in Guardianship

When most people turn 18, the dawn of adulthood, it is generally assumed that individuals of this age accept the responsibilities and rights of legal adulthood. However, for adults with disabilities, turning 18 often presents new challenges, as they may be unable to control their own property, assets, and affairs. 

In other cases, an adult becomes disabled later in life due to Alzheimer’s disease or another serious medical condition. Adults with disabilities may be appointed a guardian to protect their best interests. 

The process of obtaining an adult guardianship can be complicated, as many difficult but necessary questions must be answered, like whether a guardian is even required, who is best suited to become a guardian, and what type of responsibility the guardian should have. This blog will delve deeper into adult guardianships in Illinois. 

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 Posted on January 09, 2023 in Divorce

There is no question that divorce is rarely ever easy, regardless of how long you and your spouse have been married. However, if you and your spouse have been married for a long time, the drastic changes that come with divorce and the long list of things that must be sorted out will likely be more complex and burdensome than a married couple divorcing after just a year or two of marriage. Sometimes, a marriage may drag on for years or even decades because neither partner wants to deal with the divorce and all the issues that a divorce will entail. 

There tend to be additional divorce concerns for older adults who are leaving their marriages. In this blog, we will take a closer look at what some of those concerns may be. Notably, contacting a knowledgeable divorce attorney can make all the difference in the world if you are interested in pursuing a divorce. While nothing will make the process easy per-say, having a lawyer by your side to advocate for you and your best interests will likely make the process smoother overall. 

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 Posted on December 20, 2022 in Family Law

Unlike a prenuptial agreement, a postnuptial agreement is a binding agreement spouses enter into after they are already married. Postnuptial agreements have the potential to resolve a great many issues in a divorce before they can become issues. Postnuptial agreements can address property concerns, spousal maintenance, and other matters. It is important retain legal counsel when considering a postnuptial agreement so you can be confident you are entering into a favorable agreement.

Postnuptial Agreements in Illinois

Postnuptial agreements are often used to differentiate marital property from non-marital property. In a divorce, marital property is divided between the spouses and non-marital property is assigned to the spouse who originally owned the property. Classifying property in preparation for division during divorce can be complicated and often leads to disagreements. A postnuptial agreement can be used to classify property before a marriage breaks down so there is no question as to whether an asset is marital or non-marital. 

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 Posted on December 06, 2022 in Child Custody / Parental Responsibilities

A Guardian Ad Litem (GAL) is an attorney appointed by the court in a case involving children such as a divorce or child custody dispute. The GAL’s role is to investigate the circumstances of the dispute and determine what he or she believes to be the child’s best interests.. A judge’s decision to assign a GAL depends on numerous factors. Often, a GAL is appointed when the judge wants further information and professional insight in a case. Either party in a child custody case or divorce may request a GAL. 

A GAL is often assigned in contested cases involving allocation of parenting time and responsibility. The GAL conducts their own investigation into what is going on with a child, interviewing parents, children, and possibly third parties.

A GAL’s Role in a Child-Related Case 

It is important to note that while GAL stands for Guardian Ad Litem, the GAL will not be a guardian. Guardians have legal authority over minors or wards, but GALs do not. 

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 Posted on November 22, 2022 in Property Division

It is far from uncommon for either spouse in a divorce to try and hide certain assets while both parties are still in the middle of determining their property’s value. Illinois is an equitable distribution state, meaning that assets in a divorce are split equitably, which might not necessarily mean equally.

The size of assets being hidden can vary, but it can be a good idea to take a closer look if you believe your spouse could be hiding assets. A further of an examination of certain factors can occasionally lead to a surprising finding.

Ways Spouses Hide Assets

Every divorce is different, but some of the more common ways in which spouses may try to hide assets can include:

• Hiding Cash — The simplest way is probably the most common, with many spouses simply stashing away large sums of money, and the technique is usually most evident in cases involving frequent large withdrawals.

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