Posted on November 15,2024 in Division of Property

Many spouses are stunned when they find out during their divorce that the property, gift, or inheritance they believed was their separate property turns out to be a marital asset, thanks to commingling. If a person owns a home or other property, has an inheritance, or has amassed a sizeable bank account before marriage, these assets belong to that spouse alone unless they have been commingled.

Commingling occurs when a separate asset is mixed in with marital assets, changing it into a marital asset, subject to division. Suppose one spouse owns a home that was left to him or her by great-aunt Ruth. If the spouse who owns the home adds the other spouse to the title, it immediately becomes marital property. There are other, less obvious, and often unintentional ways property can be commingled.

Even without placing the other spouse on the deed, if marital funds are used to make improvements to the property, at least a portion of the home becomes marital property. If the other spouse works on the home extensively, at least a portion of the home becomes marital property. If one spouse is given a gift or inheritance before or during the marriage, the presumption is that it is separate property unless it is commingled.

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 Posted on November 12,2024 in Divorce

Virtually every couple has some level of conflict during a divorce. After all, there was likely conflict that led up to the divorce and the emotions and stresses of a divorce can escalate conflict. Couples argue about a myriad of issues, some important and some not as important. Either way, the arguments can be fierce, whether a couple is arguing about the allocation of parental responsibility or who should get the garden gnome in the front yard.

A high-conflict divorce seems destined to never, ever allow an agreement between the spouses without a full-blown argument preceding it. If you are facing off against a high-conflict spouse, you already have some experience dealing with him or her from your marriage. Or, perhaps you never really learned to deal with the tactics employed by your spouse, finding yourself responding in the same manner.

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 Posted on November 05,2024 in Allocation of Parental Responsibilities

We all want the best for our children. In the process of a divorce, you may want to actively remain in the child’s life while you discuss parenting time with your ex. You may also fear that an existing criminal record will threaten your ability to spend time with your child. A parenting plan is not a black-and-white document. There are several different considerations in how a judge will rule, but having a compassionate Aurora, IL divorce lawyer in your corner will help you determine what is best for your family and the children involved.

Weighing a Criminal Record in a Parenting Plan

In divorce proceedings in Illinois, the courts are obligated to rule in the child’s best interests. This does not automatically mean that a felony or misdemeanor on your record will prevent you from seeing your child. Convictions that occurred a long time ago, especially for non-violent offenses, are less likely to hurt your standing in the eyes of a judge. Under state law, both parents are presumed to be fit and entitled to reasonable parenting time unless it is shown that the parent would "seriously endanger the child's physical, mental, moral, or emotional health" if he or she remained in the child’s life.

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 Posted on October 31,2024 in Parenting Time

While it is generally presumed that both parents can provide supervision and care for their child, there are certain circumstances that may warrant supervised parenting time. Particularly for younger children, explaining supervised parenting time can be difficult. The best interests of the child always take precedence over what the parents want in Illinois family courts – although the two may overlap.

While liberal parenting time with both parents is the ideal, there are times when this just is not possible. If you believe your ex should only have supervised parenting time with your child, it will be up to you and your lawyer to prove the reasons for that in court. It is beneficial to have a highly experienced Aurora, IL parenting time lawyer to help you determine what is best for your child and then present it to the court.  

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 Posted on October 25,2024 in Allocation of Parental Responsibilities

Perhaps your divorce has been over and done for months or even years. You and your ex have learned to at least tolerate one another to co-parent your child, and things generally go fairly smoothly. You have primary residential custody of the child, while your ex has liberal parenting time. While your agreement is not strictly 50/50, it is close. Then, one day, your boss tells you that you are being transferred to another state.

You have worked hard for many years to get to this point in your career, and the transfer is a promotion with a substantial salary increase. Even better, you will be close to your parents and other extended family members, and the school your child will attend is a definite upgrade. Unfortunately, when you bring up the situation with your ex, he becomes angry and basically tells you, "No way."

At this point, you become angry as well because he is refusing to see how important this job transfer could be for your career – and how good it could be for your child as well. If you are in a similar situation and have reached a stalemate with your ex, it is time to speak to a North Aurora, IL parenting time attorney from The Law Office of Matthew M. Williams, P.C..

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 Posted on October 22,2024 in Allocation of Parental Responsibilities

Having a child is usually a happy occasion for both parents. When a child is born during the marriage, the husband is presumed to be the biological father. What happens when this presumption of paternity is challenged? What if the wife admits to her husband that she had an affair during the marriage and the child is not his biological child?

In some instances, the husband and wife may have been separated at the time of the conception and then decided to remain in the marriage. If the wife then realizes she is pregnant and that the baby does not belong to her husband, this creates a complex situation.

Whether you are the biological father, the husband defending your right to be legally deemed the child’s father, the husband denying the child is yours, or the mother fighting on either side of the issue, you need experienced legal assistance. Having a Batavia, IL paternity attorney help you resolve this issue can help remove some of the anxiety and stress from the situation.

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 Posted on October 17,2024 in Divorce Finances

In 2023, about seven percent of the American population had no health insurance coverage. Employment-based health insurance coverage continued to be the largest source of health insurance, with about 164 million Americans receiving their health insurance through their employer. Another 23 million Americans received health insurance through Marketplace, 92 million from Medicaid and CHIP, and about 60 million from Medicare.

Married couples are often covered under the same health insurance plan, usually through one spouse’s employer. The spouse whose employer provides the health insurance is known as the "policyholder" or "primary enrollee." The other spouse is the "family member" or "dependent." Even when both spouses work, there may be significant differences between the health insurance their respective employers provide, so they often enroll in the health insurance with the best benefits. While this may work out well while the couple is married, what happens in the event of a divorce?

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 Posted on October 10,2024 in Child Support

Perhaps you and your ex disagree on virtually every aspect of raising your child, leading to near-constant conflict. Or perhaps you can usually set aside your differences and make decisions based on your child's best interests. Either way, school choice can be a hot-button issue between parents. One parent may want to homeschool, while the other believes public school is the best choice. Alternatively, one parent may want to send the child to a private school rather than public school or homeschooling.

This becomes not only an issue of disagreement about school choice but also about extra child expenses. Private schools are usually expensive, and your ex may ask you to pay for half of the tuition, uniforms, books, etc. If you feel you are already stretched thin financially, you may balk at the decision to put your child in a private school. But do you actually have the option of refusing to pay? If you find yourself in a similar situation, it is important that you speak to a knowledgeable Batavia, IL family law attorney from The Law Office of Matthew M. Williams, P.C..

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 Posted on October 03,2024 in Divorce Finances

Financial considerations are often a big part of the conflict between spouses during a divorce. Unfortunately, one spouse often comes out on the losing end of finances for various reasons. One partner may be fed up with the arguments regarding assets, so he or she simply walks away from a fair share of the marital property. In other cases, one spouse may have allowed the other spouse to have full control of the marital finances, so may have little idea of what assets exist.

While it is normal to want to have the divorce over and done with, the decisions you make during your divorce can have long-term consequences. Your future financial well-being is an important part of your divorce. The best way to ensure you receive your fair share of the marital assets is to speak to a knowledgeable Geneva, IL divorce attorney from The Law Office of Matthew M. Williams, P.C..  

Avoiding 15 Common Financial Mistakes Often Made During Divorce

If you are facing divorce, you may also wonder whether your finances will take an unrecoverable hit. While Illinois is an equitable division state that requires all marital assets to be divided fairly, certain issues can get in the way of an equitable division. One way to protect yourself financially during divorce is to be aware of the following financial mistakes that are commonly made during divorce by one or both parties.

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 Posted on September 30,2024 in Allocation of Parental Responsibilities

The allocation of parental responsibilities is a part of divorce that is often fraught with complications and contentiousness. When parents are putting a parenting plan together, it can be difficult to think of every situation that might need to be detailed in the plan. As an example, what will happen when a child is sick? Which parent will take the child to the doctor, and which will stay home with the child when necessary? If a child has a conflicting school event on an evening that is supposed to be spent with one parent, does being in the audience "count" as parenting time, or should that parent get additional time?

One issue that is often overlooked is the right of first refusal. Suppose it is mom’s parenting time, but her job requires her to work over the weekend. She leaves the child with grandma or a babysitter, only to find that dad is angry that he did not have the option of spending that time with the child. This is known as the right of first refusal. When one parent is unable to spend their scheduled parenting time with the child, the right of first refusal dictates that the other parent is asked whether he or she wants the time before anyone else is asked to care for the child.

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