Posted on May 25, 2023 in Family Law

Unmarried and divorced parents are often required to pay child support to their child's other parent. The amount of parent pays is based on the Income Shares Model, which considers both parents' net incomes to determine an appropriate payment amount.

Child support is crucial for covering child-related expenses such as housing, tuition or other educational costs, extracurricular activity fees, and more. If a parent fails to comply with an Illinois child support order, the Illinois Department for Child Support Services has the authority to take enforcement actions. One such action is suspending the non-complying parent's driver's license.

Child Support Enforcement in Illinois

Child support is ultimately for the child. Illinois lawmakers believe that a child should receive financial support from both of their parents even if their parents are not married or have gotten divorced. Parents who fail to make their child support payments in full and on time can face various consequences.

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 Posted on May 18, 2023 in Divorce

Without a doubt, owning a business complicates the divorce process. Unlike an employee of a company who can show his or her earnings on a weekly paycheck, business owners' income varies significantly. Furthermore, business assets are often considered marital assets. This means that the non-owning spouse also has a right to a portion of the business's value.

The situation becomes even more complex legally and emotionally if the spouses co-own a business together.

If you or your spouse own a business and you plan to divorce, you may want to consider using the collaborative law process to determine the division of marital property, child custody, and other divorce issues.

Benefits of the Collaborative Law Process for Business Owners

The collaborative process is a cooperative divorce resolution method during which the spouses, their attorneys, and other parties work together to resolve any disputed issues. Collaborative divorce is a popular choice for spouses who recognize their marriage is no longer salvageable, but still want to avoid an adversarial divorce litigation process.

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 Posted on May 04, 2023 in Divorce

Research shows that extramarital affairs are more common than many would suspect, and many lead to divorce. Whether it is a single instance of infidelity or a long-term secret affair, cheating can have a significant impact on a marriage.

As you plan for your divorce, it is important to understand Illinois divorce laws and how the infidelity may impact your case. States vary significantly with regard to these matters, and laws change over time, so it is important to be educated. For personalized guidance regarding your divorce, contact an experienced divorce lawyer.

Dissipation of Assets

Unlike in other states, Illinois courts do not consider adultery or other forms of marital misconduct when determining how to divide property. In most cases, the property division process will not be affected by a spouse's infidelity. However, there is one important exception. If a spouse spent a significant amount of money in connection with the affair, the other spouse may have a valid claim for dissipation of assets. The cheating spouse may be required to reimburse the marital estate for the dissipated funds.

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 Posted on April 19, 2023 in Divorce

There is no doubt that divorce comes with significant emotional and psychological pain. Ending the marriage relationship is heartbreaking, even if the marital breakdown began years or even decades ago. In the midst of the emotional turbulence associated with divorce, many people fail to address crucial financial matters. As you prepare for your marriage's end, do not neglect the following financial considerations.

Both Spouses are Responsible for Marital Debts

You have probably already started thinking about how marital assets, such as bank accounts or personal property, will be divided during your divorce. However, keep in mind that property is not the only thing you will have to divide. Any debts acquired by either spouse during the marriage are considered marital debt.

Marital debt can include mortgages, personal loans, credit card bills, tax liabilities, and more. Some spouses are shocked to find out that their spouse had racked up debt they were not even aware of and are now jointly responsible for.

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 Posted on April 14, 2023 in Divorce

In Illinois, and in most states, divorce records are publicly available. In order to access somebody's divorce records, all you have to do is walk into the Courthouse, pay a small fine, and receive copies of the documents. Understandably, some divorcing spouses are concerned about this.

Divorce documents may include significant personal information, including detailed financial disclosures. Fortunately, you have the right to ask the Court to seal your divorce records and prevent them from being accessed by others.

Common Reasons You May Want to Seal Your Divorce Records

The most common reason that an individual wishes to seal their divorce records is to ensure their privacy. Divorce paperwork includes private information that is nobody else's business. Unfortunately, neighbors, family, friends, or even coworkers may be curious about the details of somebody's divorce. Privacy is an especially crucial matter if an individual is well-known in the community.

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 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.

What is Involved in the Negotiation Process?

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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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