Posted on December 00,0000 in Division of Property

According to the latest numbers provided by the U.S. Census Bureau, married couples share ownership 3.7 million businesses in this country. When couples who own a business together have a good working marriage, that positive relationship usually carries over into their business as well. But if the marriage begins to erode and the couple files for divorce, it can be disastrous for the business, especially when that business becomes part of the divorce settlement.

The assets of the business become part of the marital estate that will be part of the divorce settlement and are subject to property division, just like the couple’s marital home, personal bank accounts, stocks, etc., and can involve complex negotiations.

The first thing that needs to be done is to determine the actual value of the business. There can be a great difference of opinion on the value dependent on whether or not spouses share equal partnership in the business or not. If one spouse owns a larger share of the business, he or she will likely come up with a lower value of the business than the spouse who owns a lesser share. For this reason, it’s best to hire an independent appraiser to come up with the total value of the business.

Continue Reading ››

 Posted on December 00,0000 in Parental Rights

For whatever the reason, your quest for establishing paternity is both a personal and legal right awarded to those residing in Illinois under the Illinois Parentage Act of 1984 (750 ILCS 45). The law establishes this action for both married and unmarried parents and is established by presumption, consent or judicial determination. The quest to determine paternity can be initiated by the natural mother, a father presuming he is the child’s father or in some instances when the child is requesting clarification of paternity.

According to Illinois Legal Aid, an agency dedicated to assisting Illinois residents with legal guidance, paternity is defined as the relationship between a father and his child. Once legal paternity has been established, the father is entitled to rights as well as responsibility for the child, often including visitation rights, custody and child support.

Continue Reading ››

 Posted on December 00,0000 in Children of divorce

Orders entered for the payment of child support are far from uncommon. In Illinois alone last year, the state facilitated almost 500,000 support cases with payments totaling nearly $290 million. There is little reason to believe this year will be much different.

Illinois statutes require both parents, regardless of their marital status, to assist in providing for their children. Physical, emotional, educational and medical needs of the child are among those that the law expects all parents to help meet.  When the parents are not married, separated or divorced, some sort of support order or arrangement will typically be entered by the court. In such a situations, parents may choose to negotiate an agreement between themselves to present to the court, but absent an agreement, Illinois law specifies a method to calculate the amount of support expected to be paid.

Continue Reading ››

 Posted on December 00,0000 in Illinois family law attorney

There’s no question that divorce is difficult for children. Plenty of studies have been done that point to the fact that children from dissolved-marriage homes have more trouble in school, often experience behavioral problems, and are often even more likely to pick up unhealthy social habits, such as smoking. Yet a new bombshell study out of Columbia University may have the worst news yet for divorced parents. Released in December, this new research found that children of divorce are more likely to attempt suicide in adulthood than adults who grew up with intact parents. Of the overall sample of nearly 50,000 people, nearly 14,000 people were classified as depressed. After analysis of the data, researchers found that parental divorce increased the likelihood of a suicide attempt by 14 percent.

This, of course, is not to say that it is healthier for children to grow up in a home in which parents argue all the time. In fact, many studies show that children who live in an unhappy home are oftentimes worse off than children of divorce. This extends deeper as well. Some studies show that when a pregnant woman is in an unhappy relationship, the stress can carry to her unborn child, sometimes leading to developmental difficulties in childhood. Yet children who grow up in a split parent home, but one in which they feel nurtured, respected, and safe, are often better off.

Continue Reading ››

 Posted on December 00,0000 in DuPage County divorce lawyer

If someone claims that the national divorce rate is roughly 50 percent — if not more — most people would be inclined to believe that number is accurate. The notion that one in two marriages fails is a popular belief, yet it is a misconception.

With contagious article headlines and absurd stories of celebrity marriages almost ending before they began, most Americans assume that divorce is almost guaranteed. The truth, however, is far more nuanced, according to PsychCentral.

The real data shows not only a lower divorce rate than most assume, but it also reveals how economic and social factors play major roles in the ultimate outcome. Moreover, it appears that the common myth of a 50 percent to 60 percent divorce rate is making people more pessimistic about marriage.

Continue Reading ››

 Posted on December 00,0000 in Illinois family law attorney

If you are going through a divorce and have children, and decide that one parent will be custodial and the other non-custodial, the non-custodial parent will be obligated to pay child support. If you are the custodial parent, ensuring that you and your child will be financially taken care of after the divorce is essential to starting your new life on the right track. The most important assurance that you can get regarding child support will come from working with a family law attorney. Only with the assistance of a qualified lawyer will you be able to sort the complicated legalese of child support agreement that will be held up in a court of law.

In Illinois State Law, child support falls under the same regulation as alimony, or spousal support. Calculating how much child support will be due is a task in and of itself. In Illinois, according to the governor’s Child Support Services, child support is factored as a percentage of the non-custodial parent’s net income. The more children that the non-custodial parent has, the higher the percentage of his or her income will be allocated for child support. There are some instances in which the following chart would not apply, including the financial needs or resources of either the child or custodial parent, the standard of living the children would have enjoyed had the divorce not occurred, the physical and emotional well-being of the child or custodial parent, and educational resources. Regardless, the basic statutory guidelines for child support in the state of Illinois are as follows:

Continue Reading ››

 Posted on December 00,0000 in DuPage County divorce lawyer

While there are no standard or predictable outcomes when it comes to a child custody battle, courts will try to find ways to maintain the children's current state of living. This means neighborhoods, school districts, and similar aspects are priorities when considering custody agreements. However, in many cases, children end up having to change schools.

Some children have trouble relocating to new schools after a divorce. They must adapt to new teachers and find new friends, which can be a challenging. Fortunately, there are a few steps a parent can take to ease the process.

Helping Your Child Adjust to a New Life

 Divorce affects each child differently. As such, it is hard to anticipate how to help a child adjust to their new way of life. Even a few years of an age difference can mean wildly different outcomes—especially if teenagers are involved. According to the National Association of School Psychologists, the first consideration is to avoid exposing children to any conflict between separating spouses.

Continue Reading ››

 Posted on December 00,0000 in DuPage County divorce lawyer

The holidays can be stressful, which could be one reason January is oft-cited as “Divorce Month,” the month in which Americans are most likely to initiate divorce proceedings. According to Psychology Today, there are many reasons other than residual stress from the holidays that lead people to divorce in January: a fresh start for the new year or the fact that they were staying together for the kids during the holidays among them. If you and your soon to be ex-spouse were able to hold it together for familial reasons until January, you may want to consider a no-fault divorce. A no-fault divorce, in which both parties accept that the deterioration of the marriage was merely due to irreconcilable differences and that no party was more at fault than the other, can be a much easier process, both emotionally and financially.

Continue Reading ››

 Posted on December 00,0000 in Children of divorce

It is never easy to predict how children will react to changes in changes in family life. Teenagers, in particular, can have a difficult time coping with the emotional challenges of a new familial structure.  Legal guardians often have a difficult task ahead of them: Providing care for minors who are not their own children. After the wake of a divorce, this can be particularly difficult. Here are some helpful tips when it comes to taking care of a teenager as a guardian.

 1. Get to Know Your Teenager

 While it may seem like a basic suggestion, taking the time to bond with a teenager and relate to his or her personality will often make a significant difference. According to WebMD, a frequent mistake guardians make is spending too much time wrapped up in the “theories” of parenting. They commit to reading parenting books and seeking advice elsewhere.

Continue Reading ››

 Posted on December 00,0000 in Children of divorce

Child custody disputes are never easy. They are often laborious and lengthy, and they may involve a number of heated disagreements and emotions.

Custody disputes may become even more complicated when they involve more than one child. Divorcing spouses with children often have a very difficult conflict ahead of them, but many wonder what happens when neither parent is capable of — or wants to — take care of the children?

Because every divorce and child custody dispute is unique, it is wise to seek help from a legal professional to review your case. Marital, divorce, and custody law is a complex field for those who are inexperienced, so it can be incredibly beneficial to consult a lawyer. This is true for both parents and potential guardians.

Why Might Parents Be Unable to Receive Custody of the Child?

Continue Reading ››