Posted on June 28, 2022 in Family Law

When people think of abuse or domestic violence, they may picture a battered individual with visible injuries. Although physical abuse is one type of domestic violence, it is not the only type of abuse men and women may be subjected to. Threats, intimidation, scare tactics, stalking, and harassment are just some of the ways an abuser may hurt someone without physically injuring them.

Fortunately, Illinois law reflects the fact that abuse does not always involve punching or kicking. Other forms of psychological and emotional torment also fall under the category of abuse. Victims have the right to seek legal protection against abuse through an order of protection. In many cases, getting an order of protection is the best way to prevent further abuse, harassment, and violence from escalating.

Understanding The Timeline of Abuse

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 Posted on June 23, 2022 in Divorce

Only a few short decades ago, telephones were landlines physically wired to a person’s home. Phones were used for making phone calls and little else. Nowadays, we use smartphones for calls, text messages, social media, searching the internet, shopping, and even paying our bills. Most people’s cell phones contain a shocking amount of personal information. Consequently, many divorcing spouses wonder how and when cell phone information can be used in divorce proceedings.

Gathering Text Message and Call Logs in a Divorce Case

The portion of the divorce in which both parties gather information is called discovery. Discovery often involves depositions, interrogatories, requests for production of documents, and other formal requests for information. Accessing evidence like tax documents or bank account statements is usually easier than gathering cell phone records. Unless a spouse willingly hands over cell phone data, which is unlikely in a contentious divorce, the most common way to get cell phone records is through a subpoena.

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 Posted on June 14, 2022 in Divorce

As high-income individuals getting divorced can attest, having money does not solve all of your problems in life. In fact, affluence can make divorce much more complex – especially if a spouse is not honest about income, assets, and debts. Forensic accounting is a process used in high-asset divorce cases to uncover hidden assets and other forms of fraud.

If you are getting divorced and suspect your spouse is transferring funds, concealing assets, misrepresenting income, or otherwise lying about money, forensic accounting may be useful in your divorce case.

Hidden Assets and Undisclosed Income in a Divorce

Spouses may use many different tactics to falsify financial information in a divorce. For example, a spouse who wants to avoid sharing assets with the other spouse in a divorce may hide money in offshore accounts or transfer funds to a co-conspirator. Some distort the value of the marital estate by undervaluing assets of great worth like antiques or fine art. Business owners may alter business financials to make the business appear less profitable than it actually is or use business investments to hide personal assets. These types of unlawful tactics undermine the divorce process and prevent the other spouse from receiving a fair divorce settlement or award. Financial fraud may reduce the amount of money a spouse receives in child support or spousal maintenance and lead to an inequitable division of marital assets.

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 Posted on June 08, 2022 in Family Law

In 2022, child support is calculated based on both of the parents’ net incomes. If the parents have a relatively equal amount of parenting time, the child support obligation is modified accordingly. Read on to learn more about how child support is calculated if parents share custody 50/50.

Parenting Time and Shared Parenting Scenarios

Physical custody of a child is now referred to as parenting time in Illinois, but the term custody is still used in informal settings. Divorcing parents are permitted and encouraged to develop a parenting time schedule that works for them. For example, in some families, one parent has the children on weekends and the other on weekdays. In other families, children stay with one parent the first and third weeks of the month and the other parent on the second and forth weeks of the month.

A shared parenting arrangement occurs when both parents have the children more than 40 percent of the time. This works out to 146 overnight visits a year. If you and your child’s other parent have 50/50 or near 50/50 custody, this is considered a shared parenting arrangement. It is important for you to understand how shared parenting arrangements influence child support obligations.

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 Posted on May 26, 2022 in Divorce

As high schools finish up their spring semesters, many young people have their sights set on college. As a parent, the prospect of your child attending university can be both exciting and nerve-racking. College gets more and more expensive with each passing year. Average tuition and fees for public schools currently averages over $10,000 for in-state schools and nearly $23,000 for out-of-state schools. Private schools are even more expensive, with an average annual tuition of approximately $38,000.

If you are divorced and your child is nearing college age, it is important to understand how Illinois law handles the division of college tuition and related expenses between divorced parents.

Divorced Parents May Be Required to Contribute to College Costs

Many divorced parents in Illinois are surprised to learn that the state can require parents to contribute to their child's college education. Illinois is one of the few states with this type of law on the books. While the constitutionality of the law has been called into question several times, the law still stands.

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 Posted on May 19, 2022 in Divorce

If you were recently married, but you regret it, you may be interested in getting the marriage annulled. Annulment is commonly portrayed in movies and television shows as a quick fix for couples wanting to end their marriage. However, annulment is more complicated than movies would lead you to believe. Annulments are only available in a narrow range of circumstances in Illinois. Couples who do not meet annulment criteria will need to end their marriages through divorce.

Annulment Criteria in Illinois

Many people assume that annulment is the same thing as divorce. However, these are completely different legal actions. An annulment declares a marriage invalid and makes it as if the marriage never happened. Divorce terminates a valid marriage.

Annulment is warranted under the following conditions:

• Lack of consent – Spouses must be of sound mind and enter the marriage consensually. If either spouse was under the influence of alcohol or drugs or experienced a mental health problem that prevented them from consenting to the marriage, the marriage may be invalid.

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 Posted on May 13, 2022 in Divorce

Finances are often a key factor in divorce and family law disputes. For the court to make a determination about the division of assets and debts, child support, and other issues, the court needs accurate financial information from both parties. Unfortunately, not everyone is as forthcoming about financial information as they should be. Some people disclose only partial financial information or actively hide assets and income during family law cases to gain an unfair advantage.

If you are involved in a divorce, child support case, or another family law matter and you suspect that another party is lying about income, contact a family law attorney for help. Attorneys have various means of finding undisclosed income and hidden assets so any determination is based on factual financial information.

How People Hide Income in Family Law Cases

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 Posted on May 11, 2022 in Divorce

Marriages end for countless reasons. Some gradually break down over the course of years or decades. Other marriages end abruptly because a spouse has an affair or violates the other spouse’s trust. Sometimes, spouses simply fall out of love. If your marriage has reached the point of no return and divorce is imminent, there are things you can do now to make the divorce process easier.

Preparing for Divorce Can Help Make the Process Go More Smoothly

Divorce is a difficult process to go through, but preparing in advance can help you ready yourself to tackle divorce issues like property division, spousal maintenance, and child-related matters.

If you know that your marriage is beyond saving and you will soon divorce, here are six steps you can take to prepare yourself, your family, and your finances.

• Gather financial documents – Most divorce issues revolve around money and property. One of the best things you can do to prepare for divorce is to find and organize financial documents such as paystubs, tax returns, mortgage documents, vehicle titles, and credit card statements. Make copies of these documents as they will be needed later in the process.

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 Posted on April 27, 2022 in Family Law

Being a parent is hard regardless of your marital status. But co-parenting kids with an ex comes with additional challenges. If you are planning to divorce or you are an unmarried parent sharing custody of your kids with an ex, you may already have experienced some of these difficulties. Parents may disagree about parenting time schedules, their child's education or participation in extracurricular activities, healthcare, and much more.

Every co-parenting relationship is bound to experience problems, but there are steps you can take to lessen co-parenting disagreements.  

Disagreements About Child-Related Issues

Parents often have strong opinions about what is best for their children. When parents disagree on what is in their child's best interests, the situation can quickly devolve into an argument.

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 Posted on April 25, 2022 in Family Law

Domestic violence victims in Illinois have the option to get an order of protection to protect themselves, their children, and their property. A protection order is often the first step in leaving an abusive marriage or relationship. Protection orders can also provide legal protection if the abuse is at the hands of an ex-romantic partner, current or former household member, or family member. Unfortunately, many domestic violence victims are unaware of their rights and options under Illinois law. This leads them to suffer in silence and without the legal protection they need. Read on to learn about protection order hearings and what you can do if you are ready to get a protection order for yourself or a loved one.

Emergency Protection Orders May Be “Ex Parte” Orders

The first step in seeking legal protection against an abusive or harassing individual is an Emergency Order of Protection (EOP). In Illinois, EOPs are offered on an “ex parte” basis which means that the respondent (the subject of the order) does not need to be present. You can get an EOP from the court based solely on your testimony. The abuser’s presence is not required. Often, domestic violence victims are able to get an EOP on the same day on which they requested it.

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