Posted on August 30, 2022 in Divorce

It has become a common trope in movies and music to portray a wealthy person who gets married and subsequently divorced losing half of his—usually the subject is a man—property to his ex-spouse, regardless of the fact that he owned most of the same assets at the time of the marriage. While such a cliché situation is technically possible under the law in some states, the reality in Illinois is generally much different.

Fair Does Not Always Mean Equal

Property division following a divorce in Illinois can be rather complicated, as the law requires marital assets to be divided according to what is equitable and just. While this could result in a clean 50/50 split, there is no guarantee. Rather, the specific circumstances of the marriage, divorce, and expected post-divorce realities must be taken into account to determine the appropriate allocation of assets.

Yours, Mine, or Ours?

The other major point that television portrayals of divorce get tend to get wrong involves what property should and should not be subject to division. In Illinois, only assets that are considered to be part of the marital estate are to be included in the process, not absolutely everything owned by either spouse. The law provides that marital property is any property acquired by either spouse during the course of the marriage with very limited exceptions for gifts and inheritances. Generally, this also means that any property that a spouse owned prior to the marriage is not part of the marital estate. There are ways that separate property may become marital property, and such situations can be very complex.

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 Posted on August 16, 2022 in Child Custody / Parental Responsibilities

As a divorced or single parent, you understand how challenging it can be to provide all the things your child needs to thrive. In an ideal situation, your child’s other parent would also be committed to helping, both financially and as an active participant in the child’s life. But what happens when you want to pursue opportunities that would force you to relocate to a new city or state with your child? Do you have the right to simply pick up and move? As with most issues of family law and co-parenting, the answer depends on the circumstances of your particular situation.

Evolving Laws

For many years, the laws in Illinois were fairly subjective about moving with your child. While there was no specific prohibition or distance limitations for an in-state move, if the move presented major obstacles to an existing custody or visitation order, it could potentially be challenged in court. An out-of-state move with a child subject to a custody or visitation order statutorily required the other parent’s consent or an overriding court order.

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 Posted on July 25, 2022 in Uncategorized

“Parenting time” is the term used to describe the time that a parent looks after his or her child. During a divorce or child custody case, the parents are encouraged to reach an agreement about how to divide parenting time. If the parents cannot agree, the court will make a determination based on the child’s best interests.

Illinois courts generally assume that it is best for children to spend time with both of their parents. However, when there are safety concerns, the court may order a parenting time restriction. Supervised visitation is one of the most well-known parenting time restrictions, but it is just one of many different restrictions the court may enforce.   

When is Restricted Parenting Time Appropriate?

Every child custody decision made by an Illinois court prioritizes one factor above all else: the child’s best interests. Parenting time may be restricted if the court finds that unrestricted parenting time would seriously jeopardize the child’s physical, mental, or moral health or development. The court will hold a hearing in which the parents can explain their reasons for or against parenting time restrictions. Often, a guardian ad litem provides professional insight about what is in the child’s best interests during the hearing.

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 Posted on July 11, 2022 in Uncategorized

In many family law cases, one of the most important issues that will need to be addressed is how parents will share the costs of raising their children. To ensure that children’s needs will be met, child support orders will usually be created as part of a divorce or child custody case. Children have the right to receive financial support from both parents, and child support orders will ensure that the parent who provides the majority of the child care will be able to cover various child-related expenses. By understanding how the laws in Illinois address these matters, parents can ensure that child support payments will be calculated correctly.

Calculating Child Support Obligations Based on Shared Income

Illinois law provides guidelines for how child support obligations will be calculated, and these instructions will usually be followed by family court judges. There may be some situations where a judge may choose to deviate from the guidelines based on extraordinary circumstances, such as when children have special needs that require parents to share the costs of medical care or other forms of treatment. However, the guidelines will apply in most cases, and the method used to calculate child support is as follows:

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 Posted on June 29, 2022 in Divorce

While every marriage is different, and the paths that couples take will vary, experts have identified five signs that can show that a divorce may be likely. For many, it can be hard to see some of these signs without taking a step back to reflect. If you are considering a divorce but are unsure if the time has truly come, see if any of these red flags are appearing in your marriage.

Look for These Signs, Then Decide on Your Next Steps

It may be one or both partners who are causing marital strife, but the following challenges to any marriage may be difficult to overcome. Here are some warning signs to look for in your marriage:

• You no longer express appreciation – The small acts of kindness may be the first to go in a relationship that is headed for an end. If a couple no longer shows appreciation or gratitude toward each other, this may be a sign that the relationship is slipping away.

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 Posted on June 03, 2022 in Uncategorized

Money and financial disagreements are common causes of marital discord. It is natural for these disagreements to carry over even once a divorce is inevitable. However, until the divorce decree is final, both spouses must refrain from frivolous spending that only benefits themselves and negatively impacts the joint marital assets that are to be equitably divided. You may have found out that your spouse bought an expensive new car or took a trip with the person they have been having an extramarital affair with. This type of wasteful spending is known as dissipation, and it can have repercussions during the divorce process.

Impact of Dissipation on a Divorce in Illinois

For wasteful spending to be considered dissipation, it must have occurred after the marriage has undergone an “irretrievable breakdown.” Illinois law limits claims to spending which occurred five years before the claim is made and three years from when the other spouse found out about the spending.

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 Posted on May 24, 2022 in Uncategorized

During a divorce involving minor children, significant decisions always surround the division of rights and responsibilities of each of the parents in the children’s lives. Illinois law requires a comprehensive parenting plan during a divorce to clearly describe the detailed responsibilities of each parent. An experienced attorney can help you negotiate a parenting plan that serves your children's best interests while also meeting your needs.

Components of a Parenting Plan

Here are components that should be included in a parenting plan. While the first two are the most important, all parts of the plan are required by law and can help remove subjectivity over future decisions the parents may face.

• Parenting time schedule – This describes how the children’s time with each parent will be divided and the specific plan for days or weeks spent at each home.

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 Posted on May 18, 2022 in Divorce

For various reasons, the rate of divorce among couples over the age of 50 continues to grow. While many divorces have specific characteristics in common, some issues become more pronounced for older couples. Child support and child custody arrangements may not be as common, but couples can face more significant challenges related to spousal support, division of marital property, retirement savings and Social Security, and complex financial situations.

Common Issues When Couples Divorce Near Retirement

With the complexities that older couples face, it is essential that you work with an attorney who is experienced in dealing with gray divorces and the issues they may face. Here are some of the more common issues to consider during your divorce.

Retirement savings and Social Security – For couples approaching retirement, assets such as 401(k)s, IRAs, and pensions take on greater importance. The portion of the retirement funds acquired during the marriage are divided equitably during a divorce, not solely to the spouse who earned or contributed to the accounts. Divorced parties may also be entitled to Social Security benefits based on their ex’s work history. However, your marriage must have lasted for at least ten years, and the benefits are not eligible to be divided until two years after your divorce is finalized.

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 Posted on April 26, 2022 in Family Law

You may be familiar with prenuptial agreements and their role in keeping assets separate as a couple enters marriage. Less well-known is the postnuptial agreement. Like a prenup, it can be an excellent way to protect individual assets, including property, life insurance considerations, and financial responsibilities. For a postnuptial agreement to be enforceable, it should be something that both spouses agree on. Working with a family law attorney before entering into any postnuptial agreement is also recommended.

What Are the Benefits of a Postnuptial Agreement?

A postnuptial agreement can:

• Protect significant individual wealth - For partners who brought considerable wealth into a marriage, such as a business, real estate property, or retirement savings, those assets can be kept separate from the marital estate in the postnuptial agreement. A postnuptial agreement may also be a smart move for you and your spouse if one of you has recently experienced a significant financial change, including a large inheritance or gift, or has recently acquired valuable property.

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 Posted on April 11, 2022 in Divorce

When a marriage is ended, some of the most far-reaching decisions revolve around finances and assets. Without a valid prenuptial or postnuptial agreement, the two parties or the judge must agree on whether alimony, also known as spousal support or spousal maintenance, will be paid by one spouse to the other. There are different factors to determine whether alimony will be paid, how much the payments will be, and how long the support will continue.

Spousal support is not a required part of the divorce agreement. There are three main avenues for one spouse to receive alimony in Illinois:

• Through a valid prenuptial or postnuptial agreement. This agreement can cover the amount of the payments, the length of payments, or simply if payments will occur.
•  A settlement or agreement by the two parties during the divorce proceedings. This can be negotiated directly by the two parties in an uncontested divorce or by their attorneys during divorce negotiations.

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