Posted on April 11, 2023 in Divorce

When an Illinois Court issues a decision related to a divorce, child custody, or family law case, the decision is final. The parties may have an opportunity to file an appeal or petition the Court for a modification under certain circumstances; however, they cannot simply ignore the Court’s ruling. Failure to comply with a Court order can lead to being held in contempt of Court.

Noncompliance Can Lead to Contempt of Court Charges

When an individual knowingly fails to obey a Court order, he or she can be held in contempt. For example, a parent who is required to pay child support or spousal support may be held in contempt if he or she fails to make regular payments. Divorced parents can also face contempt charges for consistently failing to adhere to the parenting plan. Being late to drop off a child a few times will not result in contempt charges, but a consistent, intentional decision to violate the allocation of parenting time or responsibilities may cause a parent to be held in contempt.

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 Posted on April 11, 2023 in Divorce

Any divorce has the potential for conflict and hostility. However, some divorces are more contentious than others, particularly when one spouse has a high-conflict personality. Those with high-conflict personalities tend to be emotionally volatile and may also engage in aggressive behavior or speech. Navigating a divorce when your spouse has a high-conflict personality can be difficult and trying, but there are some strategies that can help you cope.

Minimizing Conflict in the Face of Provocation

Most people shy away from conflict unless it is absolutely necessary. Unfortunately, many people with high-conflict personalities intentionally seek out conflict and create dramatic situations in their lives. Mental health experts explain that people with high-conflict personalities may escalate conflict and perpetuate it through tactics such as blaming, humiliating, or threatening the other person. They may use all-or-nothing thinking and speak in extremes.

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 Posted on March 25, 2023 in Divorce

Divorcing spouses who have accumulated significant wealth will likely experience additional hurdles during the divorce process. With high-value assets comes the need to value and distribute those assets between spouses. Individuals undergoing a high-asset divorce may have significant business interests, investments, real estate, and other complex assets. Having a high income can also influence child support and spousal support determinations. For these reasons, it is not unusual for high-asset individuals to utilize the expertise of outside professionals during their divorce.

Valuation Experts

Divorcing spouses cannot begin to negotiate a property division arrangement until they understand the full extent of their property and what it is worth. Some assets, such as bank account balances, can be known immediately. However, certain assets are very difficult to value. For example, stock options may be considered marital property if the options were earned before the couple separated. If either spouse owns stock options, the couple will need to decide whether to value the stocks using deferred distribution or present valuation.

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 Posted on March 12, 2023 in Divorce

When a married couple decides to get divorced, one of the most important issues they will encounter is the division of marital property. Both spouses have a right to a fair share of any property that was acquired during the marriage, save for certain exceptions. Real estate, bank accounts, retirement accounts, household items, vehicles, investments, and even businesses may be considered marital property.

Spouses may be able to agree on how to divide their shared property and reach an out-of-court settlement. This process can be challenging, as it generally requires both parties to negotiate and reach an agreement that they are both content with. However, reaching a property division settlement is generally preferred to a divorce trial, during which the court makes decisions on behalf of the spouses.

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 Posted on March 02, 2023 in Divorce

If you are in a same-sex relationship and you are thinking about divorce, you probably have many questions and concerns. In Illinois, same-sex marriage has been legal for some time now. Individuals can marry, have children, and divorce just like heterosexual couples. Issues like property division and spousal maintenance are handled the same as in divorce cases involving opposite-sex individuals. However, child custody matters may be more complicated.

Any parent getting divorced is encouraged to work with a divorce lawyer who can help them navigate the legal system. A divorce attorney will be able to provide advice on all aspects of the process and can work with you to ensure that your rights are protected. However, guidance from a skilled attorney is even more crucial in a same-sex divorce involving children.

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 Posted on February 28, 2023 in Divorce

Married couples with children should take extra care to consider the needs of their children as they go through a divorce. Establishing an effective parenting plan is one of the best things parents can do to minimize stress and foster a positive co-parenting relationship. The parenting plan includes information about vital issues, including the parenting time schedule and the allocation of parental responsibilities.

If you are getting divorced, finding common ground with your ex-spouse regarding parenting issues can be challenging. As you work to reach an agreement about the terms of your parenting plan, keep the following tips in mind.

Determine What You Will and Will Not Compromise On

First, be realistic about your expectations. You and your ex-spouse may not agree on all issues, so it is important to be open-minded to compromise. Pick your battles and focus on the things that are most important to you, but also consider what is best for your children. For example, you may have deeply held religious beliefs which make certain holidays especially important to you. You may insist on having parenting time during these holidays but are willing to give up parenting time on other special days.

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 Posted on February 20, 2023 in Divorce

The way we make and spend money has changed dramatically in recent years. Cash transactions are less and less common, and you rarely, if ever, see someone bring out a checkbook. Simultaneously, electronic payment apps like PayPal, Venmo, CashApp, and Zelle are becoming increasingly popular.

The IRS has delayed its plan to tax payments made through e-payment services like PayPal. However, spouses getting divorced may still need to address payments received through these types of apps.

Is Money Received Through a Payment App Considered Income?

For decades, American workers received their weekly paycheck in the form of just that - a check. However, direct deposit and other electronic forms of payment have become much more commonplace. Money received through direct deposit during the marriage is part of the marital estate. Moreover, any money that comes into a divorcing spouse’s account via electronic payments, such as PayPal or Apple Pay, is also considered marital income. This money will need to be addressed during the property division process in a divorce. Spouses may be able to negotiate an agreement regarding the division of marital property, or they may have to go to court if an agreement cannot be reached.

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 Posted on February 16, 2023 in Divorce

A child custody evaluator is an impartial third party appointed by the court to investigate and report on the best interests of a child relating to custody issues and parenting time. The role of the evaluator is to assess each parent's parenting ability, any emotional or physical factors that could affect the parents’ ability to properly care for the child, and determine how a proposed parenting arrangement would affect the child.

If you are getting divorced and you have children, it is important to know how a child custody evaluator may play a role in your case.

How Does a Child Custody Evaluator Decide About What is Best for the Child?

A child custody evaluator provides the court with evidence and expert testimony on the issues of parenting plans and child custody as they relate to your case. The evaluator may interview parents, children, teachers, family members, and other people who are familiar with the situation in order to make knowledgeable recommendations about what would be in the child's best interests.

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 Posted on February 03, 2023 in Divorce

If you are a parent of a teenager or pre-teen, you may already be thinking about your child’s future education. College tuition and related costs rise every year in Illinois and throughout the country. However, Illinois is unique in that divorced parents are sometimes court-ordered to contribute to their child’s college education. If you are a divorced parent or soon will be, it is important that you understand Illinois law regarding financial support for college-aged children.

Tuition and College Costs May Be Split Between the Parents

Illinois law states that a court may require unmarried or divorced parents to contribute to college tuition, housing, and other costs. If the parents cannot negotiate an agreement on how much each will contribute to their child’s college education, the court will make a decision for them. Illinois courts consider each parent’s financial circumstances, any scholarships or financial support the child is receiving, the child’s own financial resources, and other factors when deciding how to divide college expenses between the parents. The court may also require the college student to contribute to these expenses.

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 Posted on January 27, 2023 in Divorce

When divorcing spouses disagree about the terms of their divorce, the divorce is said to be "contested." Disagreements about asset division, child custody, or spousal support in a contested divorce can often be resolved through mediation or negotiation. If the parties cannot resolve their disagreements out of court, the next step is litigation which may involve depositions, requests for production of documents, and other types of discovery.

A deposition is an opportunity for one spouse (or more likely, the spouse's attorney) to ask questions of the other spouse under oath in front of a court reporter. The answers are recorded and placed into evidence. The purpose of the deposition is to obtain information that may be useful in determining how the divorce settlement should be structured. If a divorce case is resolved through a trial, information from a deposition will be used to by the parties to strengthen their arguments in court. 

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