Posted on January 22, 2021 in Property Division

As society has changed and evolved, so has the divorce landscape changed drastically over the years. In decades prior, it was not unusual at all for a divorcing couple to hash out their issues in a courtroom. Now, divorce negotiations are usually cooperation-based and typically take place outside of the courtroom, often in a lawyer’s office. However, there are still couples who will not be able to work with one another on simple tasks, such as asset division. In Illinois, asset division is done in an equitable manner, meaning both spouses are to receive a portion of the marital property that is determined to be fair and equitable. However, a fair determination of assets requires full cooperation on the part of both partners during the discovery process.

What Is the Discovery Process?

In most divorces, both spouses will be upfront and forthcoming with their financial information and will readily hand over whatever is needed to get the process completed. However, some spouses will still try to withhold information or hide assets to keep them from being divided in the divorce. If a couple’s divorce is contested, it is likely that the attorney will use the discovery stage of the divorce to gather all of the financial information needed to negotiate a settlement.

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 Posted on January 19, 2021 in Property Division

When you and your spouse reach the point where you are ready to begin allocating property among yourselves, one of the first things you will have to do is determine what is and is not subject to division during your divorce. When a couple goes through a divorce in the state of Illinois, their assets are divided into two categories: marital and non-marital property. Marital property is the only type of property subject to division and consists of any property you or your spouse acquire during the marriage, with a few exceptions. One such exception is for gifts, which can be considered both marital and non-marital property, depending on the circumstances of the situation.

Gifts as Marital Property

Most of the time, the items that you receive as gifts during your marriage will be considered non-marital property. However, there may be circumstances in which your spouse will argue that the gift should be considered marital property and therefore subject to division with your other assets. Here are a few common examples of how gifts can be considered marital property during your divorce:

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 Posted on January 15, 2021 in Child Support

Every child has a right to financial support from their parents, no matter if their parents are together or not. In Illinois, child support is awarded when the parents of a child file for a divorce or are no longer in a relationship with one another. Illinois uses what is called an “income shares” model of calculating child support. This means a variety of factors are taken into consideration when a child support determination is being made. These factors include both of the parents’ incomes, how much time the child spends with each parent, and how many children are being supported. Child support obligations usually end once a child turns 18 years old or when he or she graduates from high school, but Illinois law also provides limited guidance for support obligations for adult children with disabilities whose parents are separating.

Establishing Child Support for an Adult With a Disability

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 Posted on January 08, 2021 in Divorce

When the new year rolls around and everybody is done celebrating, many people often find themselves making resolutions and quitting bad habits. While some people are committed to living a healthier lifestyle or spending less time on their phones, others are looking forward to a much bigger and more significant life change. According to many divorce lawyers and news outlets, January has been dubbed, “divorce month,” because of the increase in the number of divorce cases that are initiated at the beginning of the year. There are several reasons that have been pinpointed as being possible for the spike in the number of divorce cases that are filed during the first few months of the year. These reasons may include:

• Spending one last holiday season as a family. For many couples, one of the biggest reasons they choose to stay together and wait until January to file for divorce is simply to preserve the magic of the holiday season. This is especially likely for couples who have children, as they will want to prevent any stress or disruptions from spoiling the holidays for the kids.

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 Posted on December 30, 2020 in Divorce

One of the most challenging relationships you may ever have to manage is the co-parenting relationship between you and your child’s other parent. The divorce process can be stressful and tedious, often bringing out the worst in people. Even if you wish you never had to see your ex-spouse again, you will always be somewhat connected for life when you have children together. Working together and compromising with the help of an attorney who is well-versed in divorce issues can go a long way in a successful co-parenting relationship.

Getting Along for the Children’s Sake

The new year is not only a time for a change in the calendar year, but it is also the perfect time for implementing a change in your habits and behaviors. Making a commitment to improving and maintaining your co-parenting skills is a simple way to set yourself up for co-parenting success in the upcoming year. Here are a few useful co-parenting resolutions to consider making for the upcoming year:

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 Posted on December 28, 2020 in Divorce

Addiction is a destructive disease, both for the person with the disease and for the friends and family members present in their lives. It can be painful for family members, especially a spouse, to watch a loved one grapple with the effects of drug and/or alcohol addiction. For many marriages involving addiction, there is hope for recovery if both spouses are willing to work toward it; however, not all relationships can heal from the damages and issues that addictions can cause. It can be difficult for the non-addicted spouse to make the decision as to when and if it is the right time to divorce. Do you stay and support your spouse out of loyalty and love, or do you divorce him or her so you can place your own mental health as a priority instead of the substance abuse? The following are a few things to ponder if you are contemplating or have decided to divorce an addicted spouse.

Addiction Is Toxic for a Marriage

When a spouse has an addiction, there are many things about that addiction that can cause issues in the marriage. Over time, the addiction eventually causes the very essentials that built the marriage to break down, such as the element of trust. Spouses with an addiction tend to lie to their partners about their usage, how much they may have spent on their addiction, or broken their promises about quitting their addiction.

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 Posted on December 22, 2020 in Divorce

One of the largest and most valuable assets that is often present in a divorce is the family home. For many couples, the house is a highly valued and sought-after possession, both for financial and personal reasons. The decision surrounding the marital home is often one of the most difficult financial decisions you will have to make during your divorce, especially because there are likely to be many emotional ties and sentiments attached to the home. There are always advantages and disadvantages to every situation, especially as it pertains to something as large as selling your family home.

Advantages of Keeping the Home

For many people, the obvious advantage to keeping the home, rather than selling it, is just that -- keeping the home. If you have found your dream home, the home in which you have raised your children and watched them grow up, you may not want to sell all of those memories. For many parents, children are a major factor in the decision to sell or keep the marital home. Keeping the family home ensures the kids continue attending the same schools, see the same friends, and live in the same house, at least part of the time.

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 Posted on December 08, 2020 in Divorce

In any divorce, dividing the marital assets can be a stressful process. Many spouses focus on the large and obvious assets, such as the marital home or the vehicles. Couples may forget that there are numerous other assets that should be considered when coming to an agreement on property division, including bank accounts, investment accounts, retirement funds, and even everything that you own inside your home. Property division can be complicated, but things can become even more complicated when a business is involved. If you are getting a divorce and you are a business owner in Illinois, it is important that you speak with an Illinois divorce attorney about your case.

Considerations to Keep in Mind About Divorce and Your Business

When you are a small business owner, your business is likely one of the most important and valuable assets that you own. As such, you are going to want to be sure that you do everything in your power to ensure a fair distribution of the business. There are also certain things that you should keep in mind about the structure of your business and how day-to-day operations will be run after your divorce is final. Here are a few tips to keep in mind when divorcing as a business owner:

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 Posted on December 04, 2020 in Divorce

If you are in the process of going through a divorce, you are already aware of the plethora of issues that you must negotiate with your spouse. You are likely sick of hearing about the pages-long list of issues, such as allocating your marital property and determining whether or not spousal support is necessary, which all need to be reconciled with your spouse before you can finalize your divorce. With so many other issues at the forefront of your concerns, many people end up forgetting about one very important aspect that should be taken care of during the divorce -- your estate plan. If you ever had a will or you and your spouse ever started to plan for the future, you will want to be sure to update your estate plan accordingly before your divorce is finalized. Here are a few things you should keep in mind about your estate plan when getting a divorce:

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 Posted on December 01, 2020 in Divorce

After Thanksgiving, the holiday season is officially in full swing, but with the “most wonderful time of the year” comes what can also be considered the most stressful time of the year. When you are going through the divorce process or have just freshly finalized your divorce, there are many changes to which you and your family must adapt. The stress of these changes can be exacerbated during the holiday season, especially the first year after your divorce. With the holidays being so family-oriented, it can be difficult to cope, especially for your children. However, there are things that you can do to help your children have a happy and peaceful holiday season.

Discuss Your Parenting Time Situation in Advance

A good rule of thumb about holiday parenting time is to plan for it well in advance. Do not wait until the week before the holidays to begin discussing how you want to split the time with your co-parent. Many parents already have holiday parenting time schedules built into their parenting plans, but not all. You should be sure to communicate with your co-parent ahead of time so as not to spring plans on him or her at the last second.

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