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

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 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. 

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 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:

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 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:

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 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.

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 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.

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 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.

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 Posted on July 21, 2022 in Family Law

When a mother gives birth to a baby, there is no dispute as to the woman’s motherhood. However, determining paternity is not as simple. There are many different reasons that paternity may be unclear. Sometimes, a woman unexpectedly gets pregnant and is unsure of who the father is. Other times, an extramarital affair leads to confusion about paternity. A father may claim that he is the child’s father even if the mother knows this is untrue. Alternatively, a mother may believe that one man is the father of her child but he denies paternity.

If you are involved in a paternity dispute, you may understandably be filled with questions. Among these questions may be the question of whether DNA testing will be used to establish paternity.

Genetic Testing to Determine Who a Child’s Father Is

When paternity is unknown or disputed, one of the only ways to find out for sure is to conduct genetic testing. By evaluating the child’s DNA and comparing it to the presumed father’s DNA, paternity can be confirmed or denied with a negligible margin of error. According to the Cleveland Clinic, DNA paternity tests are 99.9 percent accurate.

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 Posted on July 14, 2022 in Child Custody

When parents divorce, they must contend with many difficult issues. If the parents want to share custody, they just decide how to divide parenting duties. In Illinois, the time a parent spends caring for his or her child is called parenting time. A parent’s right to make decisions about his or her child’s education, medical care, and other important matters is referred to as the allocation of parental responsibilities. Divorcing parents who want to share parenting time must decide which days each parent will care for the child. They will also need to determine how to handle parenting time arrangements for birthdays, holidays, school vacations, and other special occasions.

Considerations for Shared Custody in Illinois

If you and your child’s other parent can agree on a parenting time schedule, you can design whatever schedule works best for you and your child. As you make your parenting time schedule make sure to consider:

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 Posted on July 07, 2022 in Divorce

Whether it is a house, condominium, townhouse, or apartment, your home is more than just a living space and deciding how to handle ownership of the marital home during divorce is no easy task. Your home may have great personal and financial value to you and your family. As you explore your options in preparation for divorce, consider the following factors regarding the marital home.

How to Handle the Marital Home in Your Illinois Divorce

Real estate properties are classified as either marital or non-marital. Most of the time, the family home is a marital asset. However, if one spouse owned the home before getting married or inherited the home, it may be classified as non-marital property.

If your home is a marital asset, both spouses have a right to a share of the home’s value. In this case, you have a few different options:

• One spouse keeps the home and buys out the other spouse’s equity. – One of the most common scenarios in a divorce is for one spouse to keep the marital home and the other spouse to move out. If a couple has children, the parent with the majority of the parenting time may keep the home to provide stability for the children. When one spouse keeps the home, the other spouse is compensated for his or her share of the home’s equity with other marital assets.

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