Posted on March 09,2021 in Gray Divorce

Of all of the situations that divorced couples are in when they finally call it quits, the circumstances in a gray divorce may be the most bittersweet. A gray divorce, also known as a late-life divorce, typically involves a couple who is over the age of 50. These couples have often been together for many years, if not decades, making the situation that much more difficult for everyone involved. However, divorce is sometimes the best choice that you can make later in life. The number of gray divorces in the United States has been on the rise in recent years and the gray divorce rate has actually doubled since 1990. There are many things that can complicate a gray divorce, but property division issues can cause some of the biggest problems during a divorce later in life.

Illinois Property Division

It is a general consensus these days that a divorce agreement that you and your spouse reach from working together is more favorable over a divorce decree that must be handed down by a judge. Sometimes, however, working with your spouse to reach an agreement may be impossible. If your case must be settled by a judge, he or she will be bound by Illinois law and will follow the property division rules set forth in the Illinois Marriage and Dissolution of Marriage Act (IMDMA). This means that all of your marital property, which is any property or debt that was acquired during the marriage, is subject to division and must be divided in an equitable manner.

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 Posted on March 05,2021 in Child Custody

Most people will agree that when it comes to a child’s best interests, his or her parents typically know what would best fit the child, better than anyone else. However, when parents get divorced, it is not always feasible to expect them to work together and come up with a parenting plan that they both agree on. Many times, marriages have deteriorated to the point that the parents are unable to effectively or respectfully communicate with one another, even for the sake of their children. As stressful and difficult as the divorce process is for you, it is just as, if not more stressful for your children. Child custody disputes are not uncommon, especially in high-conflict divorces. However, exposure to the conflict has been shown to be detrimental to children. If you anticipate difficulty from your spouse when it comes time to negotiate your parenting time and parental decision-making responsibilities, there are certain things you should try to spare your children from.

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 Posted on February 28,2021 in Child Support

When a child’s parents are not in a relationship with one another, it is very likely that some form of parenting agreement has been created to lay down the terms of the co-parenting relationship. In many cases, the parenting agreement will also include the terms of child support that the parent with the least amount of parenting time is required to pay to the other parent. However, not all parenting agreements contain information about child support orders. Whatever the reason for the absence of the child support order at the time the parents split, some people may not know that the state of Illinois allows parents to collect retroactive child support in some situations.

Retroactive and Back Child Support

Once entered, child support orders are enforceable by law, meaning you face consequences if you do not obey the order. If a parent does not make the required monthly payments, this means they have become delinquent on their order. They still are required to make the scheduled monthly payments, in addition to making back payments for any support payments they missed.

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 Posted on February 27,2021 in Division of Property

When you and your spouse were first married, you made vows to always be faithful to one another. It can be extremely difficult to learn that your spouse has been deceptive about certain things, even if they were about topics such as finances. In a previous blog, we discussed the indicators of potential hidden assets and the importance of uncovering them for the sake of the marital estate. Uncovering hidden assets can be difficult work if you are not trained in doing so, which is why you should seek help from a professional if you suspect your spouse has not been completely truthful. Forensic accountants are professionals who are trained to look for things like hidden assets when collaborating on a divorce case and can be instrumental in helping you ensure you get your fair share of the marital estate.

Your Forensic Accountant at Work

In a contested divorce, before any decisions are made about property, assets, or debts, both parties will go through what is called “discovery.” This is simply the process of exchanging information between both parties and their lawyers prior to beginning negotiations. If you have a forensic accountant on your team, he or she will take the information given to you by your spouse and look over it with a fine-toothed comb.

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 Posted on February 25,2021 in Allocation of Parental Responsibilities

Whether you are going through a divorce in DuPage County and have minor children from your marriage, or you share minor children with a partner and you have decided to separate, you will need to learn more about how Illinois law handles child custody issues. Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), Illinois courts no longer award child custody to one or both parents. Further, courts no longer use the terms legal custody and physical custody to describe the relationship between a parent and a minor child. Instead, courts allocate parental responsibilities.

According to the IMDMA, there are two different types of parental responsibilities: significant decision-making responsibilities and parenting time. What is the difference between them, and how do courts allocate them?

Learning More About Significant Decision-Making Responsibilities

The IMDMA explains that significant decision-making responsibilities are those that involve “deciding issues of long-term importance in the life of a child.” There are various issues that often are of long-term importance in the life of a child, but the IMDMA specifically identifies the following as significant issues:

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 Posted on February 24,2021 in Divorce

When you are planning for a divorce and know that you own substantial assets with your spouse, it is important to have an experienced Aurora high-asset divorce attorney on your side who can advocate for your rights from start to finish of your divorce case. To be sure, high asset divorces often give rise to certain complications that do not come up in divorces where the spouses own assets worth significantly less money, or in divorce cases where the spouses earn relatively ordinary incomes. Below are some of the most common issues that arise in Illinois high asset divorces.

Valuing and Appraising Complex Assets

High value assets in a divorce can be notoriously difficult to value, particularly when the assets are complex or unique. For example, if you and your spouse own an art collection and all or part of the collection will be classified as marital property and subject to division, the market value of the collection likely will shift over time (and potentially significantly), and it may be difficult to determine the market value at the time of the divorce. In such cases, it may be necessary to work with an expert appraiser who can properly assess the market value.

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 Posted on February 23,2021 in Divorce

When you get a divorce, you and your spouse are tasked with the job of determining how your assets will be distributed between the two of you. In the state of Illinois, the law says that you must distribute any and all marital assets in an equitable manner, which may not always equate to an equal manner. There are a variety of factors that are taken into consideration when making decisions as to how property and debts are allocated, with the main goal to give each spouse the fair amount of the marital estate with all things considered. Unfortunately, this can lead some people to seek drastic measures to keep certain assets from their spouse’s possession. The most common way this is done during a contested divorce is by attempting to conceal these assets during the discovery process.

Taking a Closer Look at Your Finances

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 Posted on February 18,2021 in Divorce

In most cases, you might assume that there is really no moment to decide between an amicable divorce and a contested divorce when you and your spouse are ending your marriage. If you are amicable with one another, it will be uncontested; if you are argumentative with one another, it will be contested. However, it may not be that simple if you and your spouse choose to weigh your options and compromise to decide what is best. For instance, if you are following through with a contested divorce, the divorce process can be complicated, complex, and challenging, not to mention expensive. However, amicable divorces are not always perfect either since their uncontested nature might leave major issues unaddressed that could be troublesome later on down the road, whether it involves child custody, property division, or other issues. In that sense, you and your spouse must be very thoughtful and deliberative in your decisions regarding a divorce. Below are some tips for how to approach this important decision.

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 Posted on February 05,2021 in Divorce

Divorce is a difficult subject, no matter your age. Whether you are 3 or 23, watching your parents go through a divorce can be a stressful experience. Many parents tough it out for years or even decades in unhappy marriages for this very reason, thinking they are saving their children from heartache if they wait to get divorced until they are older. Unfortunately, in many situations, staying together for the sake of the children actually tends to do more harm than good.

Negative Impact of Putting off the Inevitable

Even though it may seem as if it would be better for your children to grow up with both parents living in the household, the conflict between parents can be more detrimental than splitting time between parents. If you are contemplating getting a separation or divorce and you have children, here are a few of the long-term consequences that staying together for the kids can have:

• Damage to the parent-child relationship: In many situations, parents who stay in unhappy marriages tend to have less fulfilling relationships with their children. This is thought to be possibly due to a number of reasons, but the most likely culprit is simply that parents who are constantly at odds with one another have less energy and therefore less energy to devote to the children.

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 Posted on February 02,2021 in Visitation

When a couple has made the decision that it is time to divorce, it can be a difficult process for the entire family. There are many things that the couple will need to adjust to, but there are also many things that the family members will need to adapt to as well. One of the biggest changes that is often difficult for many families is dealing with change in the day-to-day life of the child. Child custody, now referred to as parenting time, is allocated to each parent, typically in an equal or near-equal manner. In some cases, though not always, individuals other than the child’s parents are able to petition for visitation rights with the child.

Individuals Permitted to File a Petition for Visitation

Not everyone is legally entitled to visitation rights with a child. According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), there are only specific people who are able to submit a petition for visitation. These people can include step-parents, grandparents, great-grandparents, or siblings of the child. Visitation will only be given to non-parents if the petitioner can successfully argue that the child’s well-being has been negatively affected by the denial of the visitation and that the child’s mental, physical, or emotional health has suffered because of it. A non-parent can file for visitation if the child’s parent unreasonably denies visitation and at least one of the following situations is true:

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