Posted on December 09,2019 in Divorce

Marriage may look bright and shiny on the outside, but it can be a difficult relationship to maintain over the years. As people change, sometimes their partners do not change alongside them. No couple stays the same throughout the entirety of their marriage. For some couples, this can lead to new adventures throughout life’s stages, while for others, it can cause them to grow apart with no hope for reconciliation. Every marriage is unique, but there are a few common denominators that experts have found to be frequent causes of divorce. 

Money, Money, Money

In the past, many couples got married at a young age, meaning that they often did not have much money to their names. This has shifted in the last decade, as millennials decide to wait a little longer before tying the knot. Money troubles are common for young couples looking to start a life together. Rather than taking the time to build up a fair amount of savings, these couples can find themselves struggling to pay their bills, putting their relationship on the back burner. Although this is common with younger couples, those who get married later are far from exempt from financial issues. Some are used to being independent and find it difficult to share finances with their partner, while others run into hard times financially due to a job loss or medical care costs. Regardless of the reason, disagreements regarding money are common for all couples, and they can sometimes make or break a relationship.

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 Posted on November 27,2019 in Divorce

The financial aspects of divorce can be an additional stressor for those in the process of ending their marriage. For some, this stress comes from worrying about the cost of divorce. But for couples who have money to spare, their extensive assets can actually be the root of the divorce anxiety. During divorce, couples who have a high net worth have a few different issues that many other couples typically do not have to worry about. If you are going through a high net worth divorce, here are a few mistakes you should try your best to avoid:

Concealing Assets From Your Spouse

Trying to hide assets from your spouse is not uncommon in high net worth divorces. This is possibly one of the worst mistakes you can make, because not only is it unfair, but it is illegal. During divorce negotiations, you are required to be completely truthful with your spouse and their attorney. If you do not fully disclose all aspects of your finances during the discovery process, including the income you earn, the assets you own, and the debts you owe, you could end up paying a lot more than what you would have originally, causing you to lose the assets you were trying to protect.

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 Posted on November 20,2019 in Child Custody

In the midst of the holiday season, families across Illinois are planning how to spend time together during Christmas and New Year's. In addition to the vacations surrounding these days, there are plenty of other holidays and special days throughout the year that can be fought over by parents who are no longer married. Parenting plans are required by all Illinois couples who are divorced and have children. These legal plans must contain a parenting time schedule that is followed throughout the year. Also included in the parenting plan is how holidays will be spent between the two parents. The holiday parenting time schedule will usually supersede the normal parenting time schedule, so it is important for you and your ex to agree on one that works for you.

Examples of Holiday Parenting Schedules

There are a few ways that are commonly used to distribute holiday time amongst parents who are divorced. The Illinois Supreme Court has published a sample parenting plan that is accepted in all Illinois courts and provides more than one way to settle holiday parenting time issues. For simplicity, you can choose their premade holiday parenting plan, or you can determine which specific holidays each parent gets to spend with their child. Many parents choose to personalize their holiday parenting plan so they can create an arrangement that both parents agree on. Common holiday parenting time schedules include:

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 Posted on November 15,2019 in Asset Division

Financial issues are some of the most commonly-cited reasons for divorce. In some cases, one spouse may not have believed in overspending, while the other spouse was comfortable with leaving a balance on the credit card every month. In other situations, spouses may have disagreed about how much to spend on daily necessities or luxury items. Whatever the reason for the financial mismatch, tensions can increase when the decision to get a divorce is made. It is not uncommon in a marriage for one spouse to be the “go-to” spouse for all things money-related. In situations like these, it can be tempting, and rather easy, for that spouse to conceal or hide assets in hopes that they will not have to share them with the other spouse.

Protecting your finances during your divorce is extremely important, because it can dictate your financial health for the rest of your life. Even if you were the spouse in the marriage who did not handle the majority of the finances, you will want to make sure you are receiving your fair share of assets in the divorce. If you suspect your spouse might be hiding assets from you, here are a few ways you can uncover them:

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 Posted on November 07,2019 in Divorce

Getting a divorce is never easy, especially when it comes time to dividing your marital property and assets. One of the most valuable and treasured things you and your spouse own is most likely your family home. Divvying up such a big and expensive asset can create contention, making the rest of the property division process uncomfortable. For many couples, the family home can be a sentimental asset, especially if you have raised children in the home. When it comes down to it, there are three basic options you can choose from when deciding what to do with the home: continue co-owning the home, sell the home and split the proceeds, or allow one spouse to “buy out” the other spouse.

Co-Own the Home With Your Spouse

For some couples, keeping things just the way they are is the most beneficial option. If you have children who want to stay in the home, it can be helpful to keep the home ownership under both of your names. This can also be an option for spouses who cannot agree on what to do with the home or who want to defer decision-making regarding the home until a later date, such as when children have graduated from high school.

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 Posted on October 29,2019 in Divorce

It is not impossible to have an amicable divorce - some people are able to get a divorce without any major disputes. However, there are many couples whose relationship is so contentious that they are unable to be civil while they are going through a divorce, especially when it comes to child-related issues. Parents can turn into completely different people when there is an issue involving their child. Sometimes during a divorce, parents can lose sight of what is best for their child because of all of the arguing and anger. In cases such as those, the court will often appoint a guardian ad litem (GAL) to help make sure the child’s needs are being met and decisions are being made in their best interests.

What Is a GAL?

A GAL is an attorney who has been appointed to a case involving disputes regarding children. The attorney has special training in family law and child issues and has two main roles: to determine the best interests of the child and to conduct an investigation and report the findings to the court. In simple terms, the GAL is responsible for reporting recommendations for custody arrangements or other areas of family law.

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 Posted on October 17,2019 in Family Law

Domestic violence is something that is, unfortunately, all too common. According to the National Domestic Violence Hotline, more than 12 million people experience some sort of violence or abuse by family members or romantic partners each year. According to Illinois law, domestic violence occurs when a family or household member commits any act of abuse toward you or other members of your family or household. You do not have to be related by blood or even marriage for an act to be considered domestic violence; it can occur between people who are dating (or formerly dated) or even just people who live together (or formerly lived together). Abuse is not limited to physical harm, but can also be sexual or emotional.

Fortunately, there are things you can do to protect yourself and your family members if you are experiencing domestic violence. Getting an order of protection can be extremely beneficial in any domestic violence situation.

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 Posted on October 08,2019 in Spousal Maintenance

There is no guarantee that either spouse will receive spousal maintenance in an Illinois divorce. Though 40 or 50 years ago, spousal support or alimony was rather common in divorces, today it is more of an exception to the rule, rather than the rule itself. There are a few situations in which you might receive spousal maintenance. Your case might involve spousal maintenance if you and your spouse have a significant difference in income or if one of you sacrificed your career to stay home and raise the kids or take care of family responsibilities. Whatever the case, there is a formula used to determine the amount of maintenance to be paid in Illinois.

How to Calculate Spousal Maintenance

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) specifies the formula that is used to determine how much spousal maintenance is to be paid and how long those payments will last. The formula contained in the act applies to couples whose combined gross annual income is less than $500,000. Anything more than that, and the court can use its discretion to determine an appropriate amount of maintenance.

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 Posted on September 25,2019 in Spousal Maintenance

For many people, one of the biggest stressors in their marriages is money. Unfortunately, financial stress does not go away if you decide to get a divorce. Couples that are used to living off of two incomes can find it difficult to revert back to a single paycheck each month. After divorce, a two-income household becomes two households running off of two separate incomes. Some spouses may wonder how they are going to make ends meet when it is just their income paying for everything, especially if children are involved. In order to avoid leaving one spouse in financial distress, Illinois law may require some spouses to provide spousal maintenance payments (also known as alimony) to their former partner after finalizing their divorce.

Factors for Receiving Spousal Maintenance

Not every divorce case involves a spousal maintenance award. In fact, today’s divorce cases do not involve spousal support unless a serious need is established for this form of compensation. If one spouse requests maintenance, the court will look at a variety of factors to determine whether or not a maintenance award is appropriate. These factors include:

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 Posted on September 18,2019 in Divorce

For some, divorce can feel like a fresh start after being in an unhappy marriage; however, divorce can also bring out the worst in people. Many partners think they know their spouse, but there are times that a divorce can change a person completely, prompting them to act in ways that their spouse never imagined. Some divorcing couples become extremely argumentative and combative, making the divorce more difficult and emotionally stressful for everyone in the family. Whether you anticipated your spouse’s difficult behavior or were surprised by their attitude, here are a few tips to help you get through a divorce with a high-conflict spouse:

Minimize Contact With Your Spouse

One of the most important things you can do to deal with a high-conflict spouse is to limit your contact with them. Avoid speaking to them unless it is necessary for your divorce or for parenting reasons. When you do contact them, try to do so in written form, such as texting or emailing, to make it easy to record the conversation in case it may be necessary to provide evidence of your interactions. 

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