Posted on January 17, 2025 in Division of Property

Dividing up the marital assets is often one of the more contentious aspects of an Illinois divorce. First, marital assets must be clearly separated from one spouse’s separate assets, and then a fair division of the marital assets must be undertaken. Unfortunately, it is sometimes difficult to determine which assets are separate and which are marital.

Nine states in the U.S. are considered community property states, which means marital assets are divided exactly equally regardless of any other considerations. Illinois is an equitable distribution state, which divides marital assets fairly rather than 50/50. Separate assets are generally considered those that one spouse had prior to the marriage or gifts or inheritances received after the marriage.

There are, however, many exceptions to these "rules," which can make determining which assets are separate much more complex. If you received a personal injury award while married, is your spouse entitled to a portion of that award? The best way to get an answer to this question is to speak to a knowledgeable Geneva, IL family law attorney.  

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 Posted on January 13, 2025 in Child Custody

Working out child custody agreements (the allocation of parental responsibilities) can be challenging, to say the least. Divorce is hard on all those involved, especially the children. While courts do their best to make decisions that reflect the best interests of the children involved, there may still be bumps along the way. Historically, one parent is designated as the primary caregiver while the other parent receives parenting time (visitation).

However, over the past decade, the trend has been toward a custody agreement known as co-parenting. Advocates of co-parenting say it provides more stability for the children as the parents have a more equal share in parenting. Opponents of the co-parenting model say it is unrealistic and difficult to accomplish. If you are currently facing child custody issues, speaking to an Oswego, IL, family law attorney can be beneficial.  

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 Posted on January 07, 2025 in Divorce

Divorce and other family legal issues can be extremely stressful and are often highly emotional as well. Some people facing divorce or another family law matter may wonder whether they can handle the matter on their own without an attorney. In virtually every situation, the lack of a family law attorney can prevent your best interests from being represented in court and hinder your ability to make informed decisions.

A Money Magazine article reported that those who have an experienced divorce lawyer secured an average of 50 percent more in financial settlements than those who chose DIY. There are many factors associated with choosing the best divorce attorney for you. Choosing an Aurora, IL family law attorney does not have to be an agonizing process. Below are some tips to help you choose a lawyer who truly cares about the outcome of your divorce.

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 Posted on December 31, 2024 in Divorce

Divorce across the United States peaked in 1981, dropping by almost 8 percent forty years later, in 2021. In addition to being an often difficult, usually emotional process, divorce is made up of numbers. There are the actual divorce statistics – like those above - to consider. Then, once you get to the divorce itself, there is a wide array of numbers involving finances, asset division, spousal support, and child support, to name a few.

While no one wants to think their marriage has come down to numbers, the dissolution of a marriage is very much like the dissolution of a business partnership – and the numbers matter in both cases.  The more you know about these numbers, the more you will understand the divorce process and the more likely you are to have the most positive outcome possible.

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 Posted on December 24, 2024 in Divorce

"Prove-up" is the term used in Illinois family courts for the final court date of a divorce. This is the date set by the judge to finalize the divorce after an agreement has been reached between the spouses. Both spouses will appear before the judge, where they will be asked a series of questions to ensure that they are in agreement and that all matters have been settled. If you have questions regarding the day of the prove-up hearing, speaking to your Batavia, IL, family law attorney can be helpful.

Do I Have to Attend the Prove-Up Hearing?

While both spouses may attend the prove-up hearing, the Petitioner (the spouse who originally filed for divorce) is usually the only one required to attend. The Respondent can choose to appear and testify, but he or she is not usually required to do so. The prove-up hearing can proceed without the Respondent when he or she has entered an Appearance and signed the agreements.

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 Posted on December 19, 2024 in Divorce

Marriage to a narcissist can be fraught with difficulties. Divorcing a narcissist can be just as difficult. Covert narcissism is a term used to describe a subtype of narcissistic personality disorder. A covert narcissist has an even greater need for admiration, attention, and validation than your "average" narcissist. The covert narcissist is also extremely unwilling for others to see them for who they really are – including a spouse.

A typical narcissist is a blatant attention seeker with an inflated ego. The covert narcissist is much more subtle. While appearing to display humility, the covert narcissist is always seeking to maintain a position of control over others. Both overt and covert narcissists share a lack of empathy for others and a sense of entitlement, although the covert narcissist is better at hiding those qualities.

Covert narcissism can have a profound impact on a relationship for many reasons, but perhaps primarily because of the total lack of empathy. In a romantic relationship like a marriage, a covert narcissist is likely to alternate between showering his or her partner with attention and deliberately withholding attention and love. The covert narcissist is likely to be extremely controlling and jealous and often isolates his or her partner from friends and family members.

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 Posted on December 13, 2024 in Parenting Time

Illinois parenting time is, by definition, unsupervised. That is, the parent with parenting time is not required to have another adult present. Parents have the right to exercise their parenting time in almost any way they choose, taking the child out for dinner, a movie, or an activity, or spending time with the child in their home. If supervised parenting time is ordered, it is usually the result of a serious issue that could potentially place the child at risk. Court-ordered supervised parenting time is a serious matter and can often benefit from an experienced Oswego, IL family law attorney.

When Could Supervised Parenting Time Be Ordered by an Illinois Court?

If there are concerns regarding a child’s physical, mental, or emotional health when spending time with one parent, the other parent may ask the court to order that the parenting time be supervised. The reasons a parent may ask for supervised parenting could relate to:

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 Posted on December 11, 2024 in Divorce

All marriages go through rough patches, but in some cases, a "rough patch" may last for months or even years. When it feels like there are more bad days than good, one or both spouses may begin to consider splitting up. The question at this point is whether it is time for a separation – perhaps a trial separation – a divorce or an annulment.

It is important that you have a full understanding of the differences between these choices and know how each would apply to your specific situation. If you are considering uncoupling, it is time to speak to an experienced Aurora, IL divorce attorney from The Law Office of Matthew M. Williams, P.C..  

When is Annulment Possible in Illinois?

While a divorce ends a legal marriage, an annulment declares the marriage was never valid at all. Annulments in Illinois are granted for very specific purposes only, including:

•  One spouse was not mentally capable of consenting to the marriage because of mental illness, intoxication, or another issue that shows a lack of capacity.

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 Posted on December 03, 2024 in Divorce

Since most divorces are complex in one way or another, the last thing you may want to think about is taxes. Unfortunately, like other subjects you would prefer not to think about, settlement negotiations must factor in the tax implications and how your divorce could alter your tax situation.

As if tax issues were not enough, divorced individuals tend to have a higher rate of tax audits. This is because forensic accountants often expose hidden assets and undisclosed income during a divorce. Following a divorce, the IRS has three years to audit your marital finances, although this time period can be extended to six years if there are discrepancies over 25 percent or fraud seems likely.  

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 Posted on November 26, 2024 in Divorce

It can be difficult to determine whether problems in the marriage caused one spouse to turn to drugs or alcohol or whether a drug and alcohol addiction led to the end of the marriage. While some divorce issues are very straightforward, substance abuse is one that can be a fairly gray area. After all, an overwhelming majority (62 percent) of American adults drink alcohol, while 38 percent abstain entirely.

So, if most adults drink alcohol, the question becomes, "How much is too much?" Marijuana is now legal recreationally in 24 states, including Illinois; as a legal drug, how is the amount smoked even quantified? Prescription drugs can be bad when they are not taken as prescribed, and, of course, there are illegal drugs like cocaine, heroin, methamphetamine, and more. Is your spouse truly an addict? Is that your assessment, or would that be the general consensus?

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