Posted on March 18, 2022 in Divorce

Divorce statistics can vary from source to source, but most sources estimate the divorce rate for first marriages to be between 40 and 50 percent. For second marriages, the divorce rate is closer to 70 percent. If you are getting divorced for the second time, you are not alone. While you may assume that you know what to expect in this divorce since you have been through it before, each case is different and there are often additional issues to consider in a second or third divorce. To ensure that you make the best decisions possible and avoid mistakes during your divorce case, work with an experienced divorce lawyer.

Property Division and Other Financial Concerns

Just as you did in your first divorce, you and your spouse will need to divide your shared assets and debts. You may have bought a home, made investments, taken out a loan, or made other financial decisions during your second marriage that you will need to address in your divorce case. Unless you have a prenuptial agreement or other marital agreement in place dictating property division, you and your spouse will need to either reach an out-of-court settlement or take the case to trial to divide your assets and debts.  An experienced divorce lawyer can help you explore your property division options and choose the option that makes the most sense given your particular situation.

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 Posted on March 02, 2022 in Divorce

Financial issues are just one part of the marital relationship. However, financial concerns often eclipse other matters in a divorce case. A spouse’s income, debts, assets, and expenses influence almost every aspect of the divorce case. Child support, spousal support, and property division are all influenced by finances. This is why it is so crucial for divorcing spouses to ensure that financial disclosure is accurate and complete.

Some spouses try to manipulate the outcome of the divorce by lying about how much money they make or other financial information. If you are divorcing and believe that your spouse has fabricated financial information or soon will, take action now. You deserve a divorce outcome that is based on accurate financial information. A divorce lawyer experienced in complex financial concerns during divorce can protect your rights and help you take the next step.

Methods for Hiding Assets in Divorce

One of the most common ways that spouses try to gain an advantages by lying about finances is by hiding assets. A spouse may simply fail to list all the accounts and assets he or she has. Cryptocurrency, offshore accounts, or businesses may be vehicles for hiding assets. Divorcing spouses may also hide assets by transferring the property to a friend or colleague. For example, a husband may transfer $10,000 to a friend under the guise of paying back a personal loan. This shields the money from division during divorce. After the divorce, the husband simply gets the money back from the friend. Spouses may also underreport the value of certain items. Antiques, fine art, jewelry, or collectables may be worth much more than the spouse claims the assets are worth. Businesses and professional practices may also be vulnerable to undervaluation during divorce.  Some spouses go so far as to physically hide property or cash to prevent the property from being divided during divorce.

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 Posted on February 08, 2022 in Family Law

Being a parent comes with its own array of practical, financial, and sometimes, legal difficulties. If you are a mother or father in Cook County, you may have questions and concerns about paternity. Paternity is the legal relationship between a father and his child. In some cases, paternity is presumed by law and no further action is required to establish the legal father-child relationship. Other times, the parents will need to take certain actions to establish the rights and responsibilities that come with being a father.

You May Need to Take Action to Establish Paternity

If the mother and father were married when the child was conceived and/or born, paternity is presumed. This means that Illinois automatically assumes that the mother’s husband is the father of her baby. However, if the parents are unmarried, paternity may need to be established through a Voluntary Acknowledgement of Paternity (VAP). Paternity can also be established through a court order or administrative order through the Illinois Department of Healthcare and Family Services (HFS). Sometimes, DNA paternity testing is needed to confirm the father’s biological relationship to the child.

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 Posted on February 05, 2022 in Child Custody / Parental Responsibilities

When parents divorce or unmarried parents break up, they will need to determine how to raise their children. In Illinois, the two main components of child custody are the allocation of parenting time and parental responsibilities. Understandably, many parents have strong opinions about how to handle parenting duties, childcare, and other child-related matters. When parents have different opinions, the situation can quickly escalate. What starts as a minor disagreement can turn into a full-blown custody battle.

If you are in a situation like this, know that you are not alone and that you have options. An experienced family law attorney knowledgeable in child custody matters can help you understand these options and take the next steps.  As you navigate the process, keep the following tips in mind: 

Educate Yourself About Illinois Child Custody Law

Each state handles child custody differently. In Illinois, divorcing parents are asked to create a “parenting plan.” This document describes how the parents will share parenting time (formerly called visitation) and parental responsibilities (decision-making authority over the child). There are over a dozen specific elements you must address in the parenting plan. Reading through this information can help you prepare a well-thought-out plan.

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 Posted on January 25, 2022 in Divorce

A divorce ends one chapter in life but offers the opportunity for a new chapter as well. If you are getting divorced, you may feel a mix of emotions. On one hand, you may be grieving the end of your marriage, but on the other hand, you may be excited about the prospect of dating again.

Many people going through a divorce wonder if it is okay to date other people while they are still technically married. While adults have the right to date whoever they want, dating during divorce can have unintended consequences.

What If I Meet Someone While I Am Still Technically Married?

In many cases, spouses lead separate lives long before they are officially separated or divorced. If you are like many people seeking divorce, you may have felt like your marriage ended months or even years ago. Consequently, you may be ready to start looking for a new romantic partner.

Whether or not you choose to date before the marriage is officially dissolved is your decision, however, is it important to know the ways dating during divorce may impact your divorce case.

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 Posted on January 21, 2022 in Divorce

There is no getting around the fact that a divorce will likely have a significant impact on the spouses’ finances. For some divorcing spouses, divorce represents the loss of their only source of income or financial support. Fortunately, divorcing spouses in Illinois may qualify for alimony, or as it is called in Illinois law, spousal maintenance. Read on to learn about Illinois spousal maintenance laws and what you should do if you want to request spousal maintenance during your divorce.

Avenues for Collecting Spousal Support

Spousal maintenance or spousal support can provide much-needed financial aid to divorced spouses. However, spousal maintenance is not a guarantee. There are three main avenues through which spouses can get spousal maintenance in an Illinois divorce:

1. Prenuptial agreement or postnuptial agreement – If the spouses had made spousal maintenance arrangements in a prenup or other marital contract, those arrangements will most likely be upheld during the divorce. The main exception to this is if the prenuptial agreement or other agreement is invalid. For example, a prenuptial agreement may be invalid and unenforceable if a spouse entered into the agreement through fraud, coercion, or force.

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 Posted on December 16, 2021 in Divorce

One of the most difficult issues to resolve in divorce is small business ownership. For many people, growing their small business has involved an enormous amount of time and personal sacrifice, and the thought of losing the business and shuttering its doors can be devastating. Yet, because the value of many businesses increases during a marriage, the fact is that the increase in value is likely part of your marital property - meaning it is subject to division in divorce. 

Business owners who hope to retain total ownership of their business after divorce will want to learn as much as they can about business valuation methods and how they impact the way a business is treated during divorce. If you are in this situation, read on. 

The Most Common Valuation Methods

There are several ways a business’s value can be determined, and a trained business evaluator can help you choose one based on the type of business you have. The three primary methods of small business valuations are: 

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 Posted on December 07, 2021 in Property Division

The division of property and liabilities is often a complicated and contentious aspect of the divorce process. When spouses own a small business, the issue of property distribution is even more complex. If you or your spouse own a business or you jointly own a family business, you may be unsure of how to handle the business during the divorce. There is no one-size-fits-all solution to business owner concerns during divorce. The way you handle ownership of the business will depend on your specific needs, financial resources, and long-term goals. When deciding how to proceed, consider the following questions.

Who Has Ownership Rights to the Business?

Per Illinois law, marital property is property accumulated during the marriage. However, determining the identity of your business as marital or non-marital is not as straightforward as you may think. If a spouse owns the business before getting married, it is usually considered non-marital property. However, if the other spouse contributed time or resources to the betterment of the business, the business may be considered partially or fully marital.

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 Posted on November 22, 2021 in Family Law

If you are a grandparent, you know just how special the grandchild-grandparent relationship can be. Unfortunately, sometimes, grandparents are not able to have a close relationship with their grandchildren because of conflicts with their own children. If you want your grandchild to be a bigger part of your life, you may have questions about your rights as a grandparent. Can grandparents be prohibited from seeing their grandchildren? Do grandparents have a right to visitation? Read on to learn more.

Illinois Law Regarding Grandparent Visitation

You may be able to get court-ordered visitation with the kids. To do so, you will need to file a petition with the court for grandparent visitation. The court will consider your request if:

• The parents are divorced and at least one of the parents agrees to grandparent visitation

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 Posted on November 04, 2021 in Family Law

Children need adults to keep them safe and help them grow up to be happy and healthy. Typically, a child’s parents are the primary caregivers in a child’s life. However, modern families come in all shapes and sizes. Sometimes a child’s grandparent, stepparent, aunt, uncle, or another responsible adult takes on the primary caregiver role. Legal guardianship allows a person other than a child’s parent to assume responsibility for child-related decisions and caretaking.

What Is A Guardian of a Minor Child?

As a non-parent, you may occasionally babysit a child, help make decisions about the child’s education, or assume roles typically assigned to parents. However, being an informal caretaker and a legal guardian are very different things. When you become a child’s legal guardian, you assume certain legal rights and responsibilities not expected of non-guardians.

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