Posted on August 20, 2019 in Asset Division

No matter the reason you and your spouse are getting divorced, there is probably some sort of tension between the two of you, even if it is just a small amount. In divorces involving couples who have a lack of trust, it is not uncommon for the property division process to be long and contentious. When you begin the process of allocating your assets, you and your spouse will have to provide information about all of your assets and debts. Full disclosure is required, though it is not always given. If you suspect your spouse is hiding assets from you, you should begin the process of uncovering those assets right away. Here are a few ways you can look for hidden assets if you suspect your spouse is not being truthful:

Start With Tax Returns

The first place you should begin to look for hidden assets is in your spouse’s tax returns. Get copies of his or her tax returns from at least the last five years and examine them closely. Look at the sources of income that are listed, itemized deductions that were taken, capital gains and losses, and profits and losses from any businesses.

Continue Reading ››

 Posted on July 31, 2019 in Divorce

Not all divorces are amicable. Sometimes, a divorce is very one-sided, meaning one spouse wants to get divorced while the other does not. Other times, both spouses agree that they want to get divorced, but they have ill feelings toward each other. In situations like this, a spouse may try to do whatever they can to hurt their former partner in any way. Sometimes, this manifests as keeping their spouse from receiving a fair share of the marital property. One common way this is done is by wasting marital assets, which is referred to as “dissipation.”

What Is Dissipation?

The Illinois Supreme Court defines dissipation as the “use of marital property for the sole benefit of one of the spouses for a purpose unrelated to the marriage at a time the marriage is undergoing an irretrievable breakdown.” This basically means that a spouse dissipates assets if they intend to deprive the other spouse of certain marital property by spending, destroying, or otherwise wasting marital property during a period in which the marriage was falling apart or during the divorce.

Continue Reading ››

 Posted on July 24, 2019 in Family Law

By far, the most common form of adoption in Illinois and throughout the United States are related adoptions. A related adoption means the parent and the child are in some way related to one another. Step-parent adoptions are one of the most common forms of related adoptions, and they occur when the biological parent of a child remarries and their new partner adopts the child.

When a step-parent adopts a child, that person wants to assume the parental rights and responsibilities of that child. There may be many reasons why a step-parent would want to adopt their step-child; some step-parents want to formally solidify their parent-child relationship or be the child’s second parent when their other biological parent is not present. Regardless of the reason, there are certain things you should know before you pursue a step-parent adoption: 

Continue Reading ››

 Posted on July 17, 2019 in Divorce

Getting a divorce can be one of the hardest things you will ever do in your entire life. Most people know or can imagine how emotionally stressful a divorce can be, but they may not think about how other areas of their life will be affected. For many people, a divorce can also put a great deal of stress on their financial well-being. Fortunately, there are a few things you can do to prepare your finances so they do not take as big of a hit during your divorce. Here are a few ways you can help keep a sound financial footing as you go about the process of ending your marriage:

2. Gather All of Your Financial Documentation

Before you even begin to do anything, you need to make sure you have documentation for all of your finances. This can be the most important step, because having documentation in one place can help you get a sense of your current financial picture, and it can also help you plan for success once you are divorced. You should make sure you have copies of documents such as:

Continue Reading ››

 Posted on July 10, 2019 in Divorce

Divorce can be a very stressful and emotional time for everyone in the family, but it can be especially difficult for children. There is no way to predict exactly how your child will react to a divorce, but many children experience feelings of sadness, anger, shock, resentment, and even guilt when dealing with their parent’s divorce. Many of these feelings are normal emotions that the child will experience as they go through the grieving process. Though there is no way around these feelings, there are many things you can do to help your child learn how to adapt to their new circumstances. Here are a few ways you can help your child cope with your divorce:

1. Be Prepared to Answer a Lot of Questions

Children are naturally curious, so it is only normal for them to have a lot of questions once you break the news of the divorce. Your child might ask you where they are going to live, if you or your spouse will be moving out, why you are getting a divorce, and if they will change schools, among other things. You should be prepared to answer these questions, and if you do not currently have an answer for these questions, be honest with your child and tell them you will let them know as soon as you can.

Continue Reading ››

 Posted on July 01, 2019 in Child Custody

If you are getting divorced, and you have children, there are an entire set of issues that must be addressed that will be unique to this type of case. You and your spouse must decide where the children will live, what kind of parenting time arrangements will work for you, and, arguably most importantly, how decisions concerning the children will be made. Illinois courts urge you and your spouse to reach an agreement about these issues on your own, but that is not always possible. If you and your spouse are not able to come to an agreement, the court will step in, and a judge will make these decisions for you.

Types of Significant Decisions

What used to be known as “child custody” is now called “allocation of parental responsibilities” in Illinois. In general, significant decision-making responsibilities include any decisions that must be made about the child’s life. The judge can allocate the right to make each of these decisions to one or both of the parents. Decision-making responsibilities that will be allocated include:

Continue Reading ››

 Posted on June 24, 2019 in Divorce

Property division can be one of the most contentious portions of your divorce. Even after just a few years of marriage, you and your spouse have probably commingled some of your separate property and acquired quite a bit of marital property. In Illinois, marital property is defined as any assets or debts that you or your spouse acquired during the marriage. All marital property must be divided before you can finalize your divorce -- including your retirement accounts. These can have both marital and non-marital characteristics, which is why they can be so difficult to deal with. Certain types of retirement accounts require certain procedures in order to divide them in accordance with the law. A knowledgeable asset division attorney can help you determine what kind of steps you must take to divide this valuable marital property.

Continue Reading ››

 Posted on June 18, 2019 in Divorce

How to Protect Your Business During Your Illinois Divorce

For many people, the American dream is realized through small business ownership. While owning your own business can be a fulfilling career, it can also lead to a difficult situation if you get a divorce. In any divorce, a business is a significant asset, and it will likely be subject to property division during your divorce.

In the state of Illinois, marital property (any property that was acquired during your marriage) is distributed in an equitable manner. This means that property is not necessarily split 50/50 -- it is split in a way that is deemed fair and equitable. Your business is likely one of your most valuable assets, both financially and emotionally, and you will want to understand how you can continue owning and operating it following the equitable division of property. Taking the following steps before you begin dividing your property may help you keep your business or minimize any losses you may incur.

Continue Reading ››

 Posted on June 10, 2019 in Asset Division

For many people, getting a divorce is the hardest and most stressful thing they will do in their life. Divorce involves legally separating yourself from the person you have been with for years. Not only do you have to deal with the legality of a divorce, but you also have to deal with the emotional ramifications. When it comes to property division during a divorce, both the legal and emotional aspects are involved. Much of the property that is divided in a divorce has both sentimental and monetary value, which is why property division can be so contentious. If you are getting a divorce, it is important that you understand Illinois law affects the way property is divided.

Marital or Non-Marital Property?

Before any property division can occur, you must first know what property is actually subject to being divided. In Illinois, all marital property is subject to division, whereas non-marital property is not. Marital property includes any and all property or debts that were acquired by either spouse after they were married and before they separated. A few exceptions to this rule exist, and depending on the circumstances, some assets may be considered to be non-marital property. Examples of non-marital property include:

Continue Reading ››

 Posted on May 30, 2019 in Divorce

The domestic landscape has greatly changed from what it was 20 or 30 years ago. More fathers are stay-at-home dads than ever before, and many mothers earn incomes equal to or higher than their husbands. Though not all families are set up that way, the general attitude toward men as caretakers has become much more accepting. When a couple goes through a divorce, most fathers still want to play an active role in their child’s life, though they may feel discouraged and disadvantaged when doing so. Certain topics are still skewed in the woman’s favor in many courtrooms, even though the judge may not necessarily mean to do this. If you are a father who is going through a divorce, you should understand how certain issues may affect your rights as a father in Illinois.

Spousal Maintenance

The idea of spousal maintenance was originally created to allow wives who got a divorce to continue to share a portion of their ex-spouse’s income. This occurred mostly in the days when the women were predominantly stay-at-home mothers who did not have careers and did not earn their own income. 

Continue Reading ››