Posted on April 19, 2022 in Divorce

If you are getting divorced, there are probably a thousand questions running through your head at any moment. Divorce can have major personal and financial implications. One issue many people worry about is what happens to debts in a divorce. You or your spouse may have student loans, credit card debts, personal loans, a mortgage, and other debts. What happens to this debt when you get divorced? Who is ultimately liable for debts accumulated during a marriage? The answers to these questions vary. An experienced divorce lawyer can help you understand your financial rights and responsibilities during your divorce and the best way to protect your financial interests.

Is the Debt Marital Debt or Non-Marital Debt?

The first question you will need to ask yourself regarding debt is whether the debt is considered marital debt or non-marital debt. Ideally, spouses will have signed a prenuptial agreement that clearly explains which debts and assets are marital and non-marital. However, if there is no such agreement, the debt classification will be determined by Illinois law.

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 Posted on April 12, 2022 in Family Law

When divorcing spouses share children together, the divorce process becomes much more complicated. In addition to financial matters like property division, the couple must also address child-related concerns like child custody and child support. Read on to learn about some of the top questions Illinois parents have about parenting time and what you can do to get personalized legal guidance during your divorce case.

How is Parenting Time Different Than Child Custody?

One of the most complicated parts of the divorce process is navigating the sea of confusing legal terms and language. Illinois law no longer uses the term child custody. Instead, child-related matters are broken down into the allocation of parental responsibilities and parenting time. Parental responsibilities refer to the parents’ right to make decisions about their child’s education and other important matters. Parenting time is the time that parents spend with their children. The parents will include their parenting time schedule in their parenting plan and submit it to the court for approval.

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 Posted on March 29, 2022 in Divorce

Taxes are probably the last thing on your mind if your marriage is ending. You may be more focused on the immediate financial implications of the split, the divorce’s effect on your children, ownership of the marital home, and other issues. However, divorce can have major tax implications for both spouses. Read on to learn about some of the top tax-related issues Illinois couples encounter when they divorce.

Tax Implications of Property Division

You and your spouse will need to value and divide your shared property in your divorce. The way you distribute property can have certain tax advantages and disadvantages. Usually, property transfers during divorce are non-taxable events. However, each case is different, and you may decide to forgo the opportunity for tax-free transfers if there is an advantage to doing so. There can also be major tax implications associated with retirement assets and liabilities like capital losses and charitable deductions.

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 Posted on March 22, 2022 in Divorce

Spousal support, spousal maintenance, and alimony are all terms used to describe financial support paid by one spouse to the other after divorce. Spousal support can be a significant source of financial relief to those who receive it. However, it can also be a major expense for the paying spouse. Whether you are the primary earner in your marriage or you intend to seek spousal support for yourself, it is important to understand how spousal support works in Illinois divorce cases.  

Spousal Maintenance is Usually Ordered for a Limited Time

In most cases, spousal maintenance is temporary. The spouse receives financial assistance in the form of maintenance until he or she is able to become self-sustaining. If the marriage lasted more than 20 years, permanent maintenance might be ordered. However, spousal maintenance always terminates if the recipient gets remarried or the paying spouse dies.

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 Posted on March 15, 2022 in Divorce

Divorce is rarely a pleasant experience, but most people expect their spouse to participate and cooperate to at least some degree. Unfortunately, some spouses make the divorce process much harder by refusing to participate. Some may leave the state or even travel out of the country to avoid divorce.

If you want to get divorced but you cannot find your spouse to serve the petition or your spouse refuses to sign divorce papers, you may be feeling frustrated and lost. Illinois law recognizes that some spouses are not able to be located or refuse to participate in the divorce proceedings. In cases like these, spouses may be able to serve notice of the divorce by publication and seek a default judgment.

Seeking a Divorce by Publication Because You Cannot Locate Your Spouse  

The person who initiates the divorce is called the petitioner. It is the petitioner’s job to “serve” or deliver the divorce petition to the other spouse, called the respondent. Some divorcing spouses are able to simply hand over the paperwork to the other spouse. The spouse may send the summons through certified mail or use a designated server such as a county sheriff to deliver the divorce paperwork.

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 Posted on March 07, 2022 in Divorce

Johns Hopkins Medicine reports that approximately 26 percent of adults in the United States have some form of mental illness. Depression and anxiety are some of the most common psychological problems experienced by Americans.  Panic disorder, post-traumatic stress disorder (PTSD), obsessive-compulsive disorder (OCD), and schizophrenia are less common, but these illnesses still affect millions of Americans.

If you or a family member suffer from a mental illness, you may wonder how the illness can influence divorce, parentage, child custody, or other family law matters. Read on to learn more.

Mental Illness in Divorce Proceedings

There are no longer fault-based grounds for divorce in Illinois, so mental illness is not listed as a reason for the divorce. However, a spouse’s mental illness can influence a divorce case. When a spouse has a mental illness, he or she may be less capable of participating in mediation or divorce-related negotiations. The spouse may struggle with court paperwork or procedures.

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 Posted on February 21, 2022 in Divorce

The marital relationship can be extremely tricky to navigate. Many married couples go through rough patches but eventually work out their differences. Other couples are plagued by disagreements, infidelity, or other issues until the day they separate. It can be hard to know for sure when a marriage is over and it is time to get divorced. It is especially complicated when one spouse thinks that the marriage is over but the other spouse believes there is still a possibility of reconciliation. In situations like this, the court may require the couple to attend a conciliation conference.

One Final Chance at Reconciliation

Illinois courts have the authority to order spouses to attend a conciliation conference if there is a chance that the marriage may still work out. Either spouse can petition the court for a conciliation conference, or the court can order the conference if there is reason to believe that the couple may be able to avoid divorce. The purpose of the conference is to give the couple one last chance to resolve their differences and stay married.

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 Posted on February 14, 2022 in Family Law

In 2016, Illinois made substantial changes to the laws regulating child custody and family law matters. Instead of using terms like “sole custody” or “visitation,” the law now describes child custody in terms of “parenting time” and “parental responsibilities.”  

One of the most frustrating aspects of a divorce, child custody case, paternity suit, or other family law case is dealing with unfamiliar legal terms. One such term you may see repeated throughout Illinois law is “a child’s best interests.” Illinois courts make every child-related decision based on what is in his or her best interests. But what does “best interests” really mean?

Understanding How Courts Determine a Child’s Best Interests

When the court makes a determination about parental responsibilities or parenting time, the court will consider many different factors to evaluate which case outcome would best serve the child.

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 Posted on February 10, 2022 in Divorce

Typically, asking someone how much money they make is considered rude. However, in a divorce case, both spouses are expected to fully disclose their income and other financial information. Finances influence property distribution, child support, spousal maintenance, and more. Lying on your financial disclosure paperwork during divorce can lead to an unfair settlement or judgment. It is also illegal to falsify financial information during a divorce.

Underreporting Income During an Illinois Divorce

Each spouse’s net income is used to calculate child support and spousal support. Spouses should report wages, bonuses, commissions, income from investments, business income, and other sources of income. However, some “forget” about certain income sources or underreport wages in the hopes of swaying the terms of the divorce in their favor. Self-employed spouses and those with multiple income sources may find it easier to lie about money on their financial disclosure forms. However, forensic accounting and divorce discovery can uncover evidence of the deceit.

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 Posted on February 04, 2022 in Family Law

As a parent, being accused of intentionally harming your child can be shocking and deeply offensive. Sadly, some parents will do whatever it takes to gain an advantage in divorce or child custody proceedings, even if it means fabricating allegations of child abuse. If your ex is lying by saying you abused your child, you may be unsure of how to handle the situation. There is no perfect strategy, and each case is different. However, there are a few steps you should immediately take if you find yourself in this situation.

Comply With Any Orders of Protection

An Illinois Emergency Protection Order is often issued on the same day it is requested and may be based solely on the petitioner’s testimony. If your spouse got an order of protection against you, the order may require you to stay away from your spouse and children. It may even require you to move out of your own home. Even if the grounds for the protection order are false, the best thing to do is to comply with the protection order for now. Getting arrested for violating the order will only complicate your case and make it harder for the truth to come out. Although it is extremely hard not to, it is crucial that you do not confront your spouse or try to see your children in violation of the order.

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