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 23, 2023 in Divorce

While the overall divorce rate has been declining, one type of divorce is on the rise: so-called "gray divorce." Divorcing adults over the age of 50 are divorcing at rates significantly greater than other age groups. The reasons for this discrepancy are as varied as the reasons that couples get married in the first place. Some gray divorces are a result of years of pent-up dissatisfaction, whereas others are a result of changing life circumstances, differing goals, infidelity, a lack of intimacy, or countless other reasons.

Regardless of the reasons for divorce, gray divorces are typically more complex than divorce cases involving younger couples. Older adults often have decades of accumulated assets, investments, and debts that must be considered during the divorce process. Additionally, gray divorces may involve emotional issues such as caring for aging parents or providing support for adult children as well as grandchildren. In these complicated scenarios, collaborative law can provide a way forward for divorcing couples by allowing them to negotiate their own divorce settlement outside of the courtroom.

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 Posted on January 19, 2023 in Divorce

When couples are preparing to marry or have already married, they may consider entering into a marital agreement such as a prenuptial agreement or postnuptial agreement. While marital agreements can be beneficial to both spouses, there are certain things that must be included in the agreement for it to be enforceable. Otherwise, the agreement may not stand up in a court of law. This blog will explain five reasons a marital agreement may be unenforceable in Illinois.

The Agreement was Signed Under Duress

In order for an agreement to be legally binding, it must have been signed voluntarily by both parties. If one spouse was forced or coerced into signing the document due to threats or fear of retribution from the other spouse, then it will not be enforceable. That is why it is important for each spouse to consult with their own attorney before signing any marital agreement.

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 Posted on January 12, 2023 in Divorce

Whether it is a startup, franchise, family business or long-term established company, if you own a business, an accurate business valuation is critical for your Illinois divorce. A fair and accurate assessment of the value of the company can help ensure that both parties in the divorce receive equitable settlements and that any debt incurred during the marriage is split fairly between them.

If you or your spouse own a business and you plan to divorce, make sure you understand your rights and work with a divorce lawyer experienced in business ownership matters. Divorce is complicated regardless of the couple's financial circumstances, but it is especially complex when one or both spouses own a business.

Why an Accurate Valuation is So Important

In a divorce, each spouse has the right to receive an equitable share of the marital estate. If a business was acquired or established during the marriage, it is most likely a marital asset. Businesses started before a marriage may be non-marital assets. However, any increase in the business's value may be considered marital property. To ensure that each side receives their fair share, an accurate assessment of the value of the business must be performed.

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 Posted on December 31, 2022 in Divorce

Parents who are unmarried or plan to divorce often have questions about child support, visitation, and the relationship between these two issues. For example, does a parent have to pay child support if he or she does not have visitation rights? Can a parent withhold a child from his or her other parent to enforce unpaid child support? Does the amount of time a parent spends with his or her child affect his or her support obligation?

To make the matter even more confusing, Illinois law changed the language used to describe child custody matters in 2016. What was once referred to as visitation is now called parenting time. Legal custody is called the allocation of parental responsibilities.

Navigating child-related legal issues can be complicated. This blog will provide some basic information regarding the relationship between parenting time and child support. However, readers are encouraged to meet with an experienced family law attorney to receive personalized guidance.

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 Posted on December 19, 2022 in Divorce

Divorce is bound to be challenging regardless of the couples' circumstances. However, divorcing spouses in the public eye often have unique challenges to overcome. Contentious divorce cases involving well-known individuals often become fodder for tabloids and news outlets. Even if a couple is only well-known in their local community, they do not want their divorce to become the subject of water cooler gossip at work or the local coffee shop. High-profile parents may also worry about what their children will overhear if their divorce becomes public.

Collaborative divorce is a divorce option that allows spouses to be represented by attorneys without the exposure of a public divorce trial.

Basics of Collaborative Divorce

In a collaborative divorce, each spouse retains a lawyer experienced in collaborative law. The spouses and their respective attorneys sign a document called a “participation agreement.” This document contains many promises, including the promise to negotiate in good faith, willingly share any necessary financial records other information, and maintain confidentiality.

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 Posted on December 13, 2022 in Divorce

The vast majority of divorce cases end via a settlement. The spouses' respective attorneys are able to negotiate an agreement about property division, child custody, or other contested issues that both parties are satisfied with. The agreement is submitted to the Court and the Court issues a final divorce decree.

However, it is possible for a divorce case to end up at trial. Although rare, it is important for divorcing spouses to recognize that this is a possibility - especially if the case is especially contentious.

Steps in an Illinois Divorce Trial

When divorcing spouses cannot reach an agreement about one or more aspects of the divorce, the Court will make a decision for them. Divorce trials are usually bench trials. This means that a Judge hears arguments from both sides and makes a decision. There usually is not a jury during a divorce trial.

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 Posted on December 05, 2022 in Divorce

Facebook, Instagram, Twitter, TikTok, and other social media platforms are extremely popular. The majority of Americans have at least one social media account, if not several. For many people, posting on social media is second nature. They share pictures, thoughts, ideas, or opinions without even thinking about it. However, social media use during divorce can be risky. Anything you share online during a divorce has the potential to influence the outcome of your case.

How Facebook and Other Social Media Websites Can Affect Your Divorce

In a contested divorce case, each party is looking for evidence that strengthens their case. Evidence is gathered by each spouse's attorney during the discovery portion of the divorce. You may be surprised to learn that information from social media websites is increasingly used as evidence in divorce cases. One study found that 81 percent of divorce attorneys had presented social media evidence in court.

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 Posted on November 23, 2022 in Divorce

Many people falsely assume that having significant wealth eliminates most, if not all, of an individual's problems in life. However, having a high net worth often leads to its own unique set of problems and challenges, especially when a marriage ends in divorce. If you are planning to end your marriage and you or your spouse own high-value assets or have a high income, you need to know how this can influence the divorce process. This blog will discuss some common challenges that people with high net worth face during their divorce.

Getting Divorced When You Have High-Value Assets and Income

High-net-worth divorce cases are often much more complex than an average divorce case. As you prepare for divorce, make sure to plan for challenges such as:

• Valuing assets - One of the biggest challenges for people with high net worth is properly valuing all their assets. Bank account balances are easy to calculate, but valuing more complex assets such as businesses, stocks, and real estate can be much more difficult. Fine art, jewelry, antiques, collections, and other unique items may also need to be valued. It is important to get an accurate appraisal in order to ensure that your marital assets are divided fairly.

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 Posted on November 22, 2022 in Child Custody

For children, Thanksgiving, Christmas, Hanukkah, and other holidays are a time of joy, celebration, and memories. Unfortunately, they can also be a time of stress for parents who are divorced or separated. If you are a divorced parent or soon will be, you may be struggling to manage the holiday stress as a co-parent. There is no way to completely avoid parenting stress and conflict this time of year, but you may be able to reduce some of the tension. Here are ten tips to help you handle the holiday season with less stress when co-parenting.

Surviving the Holidays as a Divorced Parent

During fall and winter holidays, the normal routine can be disrupted. Children have a break from school, extended relatives visit from out of town, and events quickly fill up the calendar. All this change can be difficult to navigate as a divorced parent. If you are separated or divorced, consider the following tips for the holiday season:

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