Posted on August 14, 2020 in Domestic Violence

One of the most serious and unfortunately still prevalent social issues that families face today is domestic violence. Dealing with domestic violence in any situation is never simple, but having to cope with domestic violence during a divorce can make the divorce process a million times more stressful. According to information from the National Domestic Violence Hotline, more than 12 million men and women are affected by acts of domestic violence each year in the United States. Many people believe that domestic violence consists of purely physical acts, such as slapping or choking. However, domestic violence is really about control, rather than pain, so the abuser will often use multiple tactics to control the victim, including other forms of abuse, such as emotional abuse, sexual abuse, or harassment. This is why it is crucial for families experiencing domestic abuse to get help from an experienced Illinois divorce attorney before beginning the process.

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 Posted on August 11, 2020 in Divorce

The coronavirus pandemic has changed life as we knew it forever. Even the simplest of everyday tasks that we used to take for granted, like going to the grocery store or attending school have become too risky for some. After the lockdown in mid-March, the country has since been slowly opening back up, causing much stress and frustration by many. For those who are going through a divorce or who are thinking about getting a divorce, you may be concerned with how the pandemic will affect your divorce case. Illinois court operations were significantly reduced for the past couple of months, but the caseload has been increasing by the day, with all Illinois courthouses now open. Although your divorce may look a little different than what you were expecting, it is still possible to legally end your marriage during the pandemic.

New Court Procedures

In response to the pandemic, the Kane County courts have developed a set of health and safety protocols to follow. These rules were created and put into place to allow the courts of the 16th Judicial Circuit to reopen and include:

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 Posted on August 04, 2020 in Property Division

When it comes to divorce, there are many different topics that must be covered to complete the process. One of the most important topics is the asset and property division process, which is notorious for being stressful for some couples. During the division process, you and your spouse will have to determine how you will divide everything from the value of your home, the money in your retirement accounts, all the way down to the vehicles in your garage. Dividing your assets is an important process, which is why legal guidance from an experienced Illinois divorce lawyer can be beneficial.

Factors to Consider

Before you get down to business about how to divide your vehicles, you should be sure to consider all relevant information. These factors can include:

• Marital vs. nonmarital property: Before you do anything, you should determine if your vehicles are marital or nonmarital property. According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), property acquired prior to the marriage is considered nonmarital property, while property acquired during the marriage and before a legal separation or divorce filing is considered marital property. Marital property is subject to division, while the nonmarital property is not.

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 Posted on July 31, 2020 in Divorce

For many parents, the most difficult part of the divorce is the children. How will they react to the news of the divorce? How much time will I get to spend with them each day? Who will pay child support to whom? These are some of the things that may be running through your mind as you go through a divorce as a parent. The good news is that many, if not most of your questions will be answered once you and your spouse come to an agreement on a parenting plan for your children. In Illinois, you are required to file a parenting plan that outlines certain issues before you can finalize your divorce. Your parenting plan can also be a valuable tool to utilize when you set out to co-parent with your spouse after the divorce.

Provisions to Consider Adding

Co-parenting is never easy, even when you are doing it with your spouse when you are married. Co-parenting with an ex can be especially stressful and emotionally taxing, but a clear-cut parenting plan can help take some of the uncertainty out of what the expectations of each parent are. Illinois courts require certain elements to be present in a parenting plan for it to be valid, such as a parenting time schedule and an allocation of parental responsibilities. You may want to consider adding other provisions such as:

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 Posted on July 27, 2020 in Gray Divorce

When talking about divorce, most people are familiar with the commonly cited fact that around half of all U.S. marriages ultimately fail. According to the Pew Research Center, the general divorce rate in the United States has actually been decreasing since 1990. When you look at adults who are over the age of 50, however, the divorce rate has actually increased. Ten out of every 1,000 couples over the age of 50 got divorced in 2015, which doubled from 1990. Among those who were age 65 and older, the divorce rate actually tripled between 1990 and 2015. Getting divorced when you are over the age of 50, which is also referred to as gray divorce, can be a complicated process, and that is why hiring a knowledgeable attorney is so important.

Attitudes About Divorce Are Changing

Even just 30 years ago in 1990, there was more of a negative stigma surrounding divorce than what exists in today’s world. If you got divorced back then or even longer ago, it was scandalous and wrong. Now, getting a divorce is seen by many as the right thing to do if you find yourself in a loveless or unsatisfying marriage. Gray divorces could be more prevalent because of this shift in public attitude.

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 Posted on July 17, 2020 in Divorce

When you see divorces take place in movies or TV shows, they only seem to take a day or two to complete. In reality, getting a divorce could take months or even years, depending on the circumstances of your specific situation. The divorce process can be rather tolling, both emotionally and financially. For some, it can feel like a burden has been lifted once the judge approves the divorce agreement and signs the decree. However, this does not mean that you will never have to look at this piece of paper again, especially if you have a child together or you get remarried. Your divorce agreement will also contain information about your child support terms and about spousal maintenance terms if you have them.

How Will Remarriage Affect Spousal Maintenance?

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), a person is no longer obligated to pay spousal maintenance payments if the person receiving the payments gets remarried or moves in with another person on a continuing and conjugal basis. As per the IMDMA, that person must also notify the paying party within 30 days or at least 72 hours of the intended marriage or cohabitation, the date of which the support obligation ends. The court can order the receiving party to reimburse the paying party if it was found that advance notice was not given or overpayment was made. On the other hand, if the person making the maintenance payments moves in with a significant other or remarries, the maintenance payments would not stop.

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 Posted on July 14, 2020 in Divorce

There are dozens of reasons why couples get divorced. Perhaps it was due to infidelity, which broke the trust they had built over many years. In other situations, one spouse may have simply decided that he or she was no longer content and did not want to be tied down. Whatever the reason, many divorcing couples share a similar trait -- poor communication with one another. While it may seem counterintuitive to want to improve communication with your soon-to-be ex-spouse, this can actually benefit you and your entire family in the long run by helping to keep things calm and less contentious. Below are a few things you can do to easily keep the lines of communication open with your spouse during your Illinois divorce.

Do Not Fight Over Everything

It has often been said that you should pick and choose your battles, and that can be true when it comes to divorce. If your spouse is known to bring up certain issues just to get a rise out of you, ignore these comments to avoid becoming agitated. Keep your focus on the issues that are most important to you and work on negotiating, rather than arguing about them.

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 Posted on July 13, 2020 in Divorce

We have all likely heard the famous saying, “It takes a village to raise a child.” The sentiment can also be said for divorce. In many situations, it is not just you and your spouse’s attorneys who work on the divorce. In many cases, there are other professionals that you hire or consult with throughout the process. Even your divorce attorney may recommend that you hire certain professionals for specific aspects of the divorce, especially if you need them to testify for you in court. Having the right team together can greatly reduce your stress and uncertainty and make the entire process much easier for everyone involved.

CPA and/or Forensic Accountant

For most divorces, a certified public accountant (CPA) is sufficient enough to help you get your finances together and help you gain a clear understanding of your assets and liabilities. A CPA will use your tax returns, loan documents, mortgage information, income, and expenses to give you an accurate representation of what your financial situation actually looks like. In more complex financial situations, such as ones in which a spouse tries to hide assets, a forensic accountant may be necessary. A forensic accountant will be able to investigate and delve deeper into your finances than a CPA would and uncover and discrepancies that exist.

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 Posted on July 07, 2020 in Property Division

The United States is known for many things, but one of the things that it is proudly known for is the welcoming and nurturing culture surrounding small businesses. According to the U.S. Small Business Administration, there were approximately 30.7 million small businesses in the country in 2019. If you are like any of the millions of Americans who own a small business, it is likely your most important and most valuable asset. This can prove to be tricky when it comes to divorce. You must determine what you will do with your company, but before you do, you will have to determine what your business is worth.

Methods for Valuation

The easiest way to deal with a business is to sell it and split the profits with your spouse. This, however, is not typically the desired route since most of the time, the business is the source of income. If you want to keep your business, typically you will pay your spouse a portion of the value of the company, but to do that, you must first determine the actual value of it. There are three basic approaches to valuing a business:

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 Posted on July 02, 2020 in Child Support

In situations where the parents of a child are divorced or no longer in a relationship, child support orders are often entered to ensure that the financial responsibility of raising a child is not left up to only one parent. In Illinois, child support is typically paid by the parent who has a smaller portion of the parenting time. The amount of child support that is paid each month is determined by a formula that takes into consideration each parents’ income, parenting time, how many children you are supporting, and how much supporting your children should cost.

Paying your child support obligation is extremely important, not only for the well-being of your children but also so you can avoid any repercussions for nonpayment. If you do not make your payment, you could face significant consequences such as driver’s license suspension, wage garnishment, tax refund interception, and more. The state of Illinois offers various options for paying your child support so there is a confirmation that you are in compliance with the order and a record for the payment exists.

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