Posted on October 24,2022 in Divorce

According to the most recent estimates, there are approximately 5.5 million family businesses currently operating in the United States. Running a family business can be a rewarding experience, but it can also be a challenging one. If you and your spouse co-own a business together and are considering ending your marriage, there are some important things to keep in mind. You will need to plan your divorce carefully to protect your business interests and avoid any potential disputes down the road.

Valuing the Business is Often the First Step

If you and your spouse co-own a business, the first thing you need to do is determine how you will value the business for the purpose of property division. This can be a complex process, as businesses are often worth much more than their physical assets.  You will need to consider the value of the business's goodwill, any intellectual property it may have, and its current and future earning potential.

Continue Reading ››

 Posted on October 13,2022 in Divorce

Contested divorce cases often become contentious. Disputes may arise regarding the division of property and debt, the allocation of parental responsibilities and parenting time, spousal maintenance, child support, and other issues. In some situations, depositions are used to gather information and evidence relevant to the disputed issues. If you are getting divorced, it is important for you to understand how and when depositions may be used in your case.

What is a Deposition?

Depositions are interviews that take place under oath. In a divorce deposition, each spouse and his or her respective attorney answer questions pertinent to the divorce case. Most depositions are conducted in person, but some take place over phone or video conferencing.

Continue Reading ››

 Posted on October 06,2022 in Divorce

Child support obligations in Illinois are based on both parents’ net incomes. For many payers, or “obligors,” child support payments represent a major monthly expense. If someone is already making child support payments to an ex, he or she may worry about how he or she will afford additional child support payments. People in this situation are usually filled with questions. If a parent has children with multiple partners, does he or she pay child support to every partner? How much does he or she pay? These questions can cause great concern for both payers and recipients of child support in Illinois.

Read on to learn how Illinois courts handle child support when someone has multiple families and what you can do if you need help establishing, changing, or enforcing a child support order.

How is Child Support Usually Calculated?

Continue Reading ››

 Posted on September 23,2022 in Divorce

All divorcing couples are required by law to fully and frankly disclose all of their assets (and income, expenses, and debt). Sadly, though, it appears that some individuals simply cannot resist the temptation to steal or lie in order to retain at least a piece of those riches for themselves.

If you suspect hidden assets in your divorce, you may want to work with an attorney experienced in forensic accounting. 

Red Flags for Hidden Assets

Financial red flags might be simple to identify. There is a long list of questionable actions your spouse might take, but here are a few:

• Being extremely controlling with money matters, possibly limiting your access to accounts or statements

• Refusing to explain transactions to you or conducting opaque business

  Continue Reading ››

 Posted on September 16,2022 in Asset Division

When a divorcing spouse is a doctor, accountant, attorney, or another professional with a private practice, this can heavily influence the property division process during divorce. A professional practice is often considered a marital asset, which means it would be subject to equitable distribution in a divorce. However, there are certain special considerations that must be taken into account when dividing a professional practice. It is important to seek legal counsel early on in the divorce to determine how best to protect your interests.

Spouses May Both Have a Right to a Portion of the Professional Practice’s Value

If a professional practice is considered marital property, both spouses may have a right to the value of the professional practice. This is likely to occur if the practice was opened during the marriage or if the non-owning spouse contributed to the development and growth of the practice. 

Continue Reading ››

 Posted on September 06,2022 in Family Law

In July 2017, substantial changes to Illinois child support laws took effect. Instead of determining child support solely on the paying parent's income, child support determinations are now based on both parents' financial circumstances. The changes were made in an effort to make child support calculations more equitable.

Child support is usually calculated using the Income Shares formula.  The Income Shares model estimates the amount of money that would have been available to the child if the family had not been divided by divorce. This approach considers both parents' net incomes to determine a child support obligation. In some cases, however, a court may deviate from the typical calculation method. 

Deviating From the Income Shares Formula

Courts can deviate from the statutory child support formula if the court feels it is in the best interests of the child. In making a determination about whether to deviate from the Income Shares calculation method, courts will consider factors such as:

Continue Reading ››

 Posted on August 25,2022 in Family Law

Physical abuse, emotional abuse, psychological manipulation, and financial exploitation are just some of the forms of domestic violence suffered by individuals in Illinois and across the country. Domestic violence is shockingly common. Sadly, many people suffer in silence because they are not aware of the resources and legal tools at their disposal.

If you are a victim of domestic violence, you may be wondering whether or not you should hire a lawyer. Family law attorneys experienced in domestic violence matters can help you navigate complex legal issues like protective orders, child custody, and property division during divorce. An attorney’s job is to advocate for you and ensure your rights are not violated.

Taking Legal Action After Domestic Abuse

If you are unsure of whether a lawyer can benefit your particular situation, consider the following factors:

Continue Reading ››

 Posted on August 19,2022 in Family Law

Child-related matters in a divorce are often some of the most contentious aspects of a divorce case. They are also some of the most consequential aspects of the divorce. When divorcing parents disagree about the allocation of parental responsibilities and parenting time, a guardian ad litem may be assigned to the case. The guardian ad litem evaluates the circumstances of the custody dispute, investigates both parties, interviews family members and caretakers, and makes an informed recommendation to the court about the case outcome. Working with a GAL can sometimes be uncomfortable. He or she may need to ask personal questions, investigate the parents’ homes, and interview teachers or other people important to the child’s life.

If a guardian ad litem was assigned in your divorce or child custody case, here are a few tips to help you make the most of the situation.

Continue Reading ››

 Posted on August 15,2022 in Divorce

If you are like many people, you are not familiar with the term “divorce coach.”  Divorce coaching is a relatively new service that is becoming more and more popular. Ending a marriage can take a massive toll on a person. Divorce can be so overwhelming that some divorcing individuals make mistakes or agree to unfair divorce terms just to get the process over with. A divorce coach provides emotional support and practical guidance to divorcing spouses and helps them navigate the major life changes that accompany divorce. If you are getting divorced, here are five reasons to consider working with a divorce coach.

You Need Help to Get Through this Stressful Life Experience

The Holmes-Rahe Life Stress Inventory is a scientific tool first published in the Journal of Psychosomatic Research that is used to predict stress-induced health problems. Divorce is listed as the second-most stressful life event on the inventory, just beneath death of a spouse. If you are going through a divorce, you need someone to help you manage this stress.

Continue Reading ››

 Posted on August 05,2022 in Divorce

The American Association for Marriage and Family Therapy reports that about 15 percent of married women and 25 percent of married men admit to extramarital affairs. An even higher percentage admit to non-sexual “emotional affairs.” While some marriages can survive adultery, an affair often spells the end of a marriage. If you are getting divorced because you or your spouse cheated, it is important to understand how this can affect the divorce.

Illinois Laws Regarding Marital Infidelity and Divorce

Each state has its own divorce laws. As of 2016, Illinois is a no-fault divorce state, meaning there are no fault-based grounds for divorce. When you fill out your divorce paperwork, you will cite “irreconcilable differences” as the grounds for the split. Infidelity does not automatically influence the court’s decisions regarding the division of marital property, spousal support, child custody, or other divorce issues. However, there are certain situations in which an affair can impact the divorce outcome.

Continue Reading ››