Posted on October 25,2023 in Divorce

When parents go through a divorce, they need to reach agreements on several different issues that can affect their family. Even if the divorce is not contentious and the two sides can come to an amicable settlement, the parenting plan that they formulate will naturally be based on their circumstances at the time of the divorce. As often happens in life, sometimes unexpected changes can happen to a divorced parent, and these can make it challenging to adhere to the original parenting plan. If changes in your life have you considering changes to your parenting plan, an experienced DuPage County, IL divorce lawyer can explain what rights you have under Illinois law.

What Is the Law in Illinois about Parental Relocation?

Typical changes that people go through in life can complicate matters for divorced parents. For example, if your Illinois divorce settlement includes the fact that you will be paying child support, but then years later, you lose your job, you would likely find it difficult to continue making the payments you originally agreed to. If the parenting plan that you agreed to includes certain times when your children sleep in your respective homes and then your ex starts to seriously date someone who sleeps over, you may no longer feel comfortable with your children sleeping there, too. Another life change that can complicate matters for divorced parents is relocation.

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 Posted on October 18,2023 in Family Law

When a couple with children goes through a divorce, there are many issues they need to work out in their divorce settlement. Where will each spouse live? Where will the children live? Who will decide where the children go to school? Who will pay child support, and how much will those payments be?

The arrangements agreed upon during a divorce settlement are naturally based on the circumstances at the time of the divorce. But if conditions change, it could have a huge impact on a parent’s ability to fulfill their end of the deal. If you are a parent who pays child support, and new circumstances are making it difficult for you to uphold those payments, a DuPage County, IL divorce lawyer can walk you through the process of child support modifications.

Can I Modify My Child Support Obligations in Illinois?

When you were finalizing your divorce settlement, it would have been natural for your child support agreement to be drawn up based on the income you were earning. But sometimes circumstances change. What happens if you get laid off, for example? Can the courts still require you to keep making the same payments even if you are no longer earning the income you once were?

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 Posted on October 13,2023 in Spousal Maintenance

Alimony, otherwise known as spousal maintenance, can have a big impact on both the one paying it and the one receiving it. It can greatly affect their finances and is a major consideration in their financial planning. Without it, many more unhappy couples would likely remain married. Why? If one spouse has filled the “homemaker” role while the other has developed their career, the nonworking spouse would otherwise have no way to finance their life if they divorced. The spouse who spent all those years working and earning would have been unable to do so if the other spouse had not stepped up at home, giving them the freedom and ability to go off to work. Recognizing this, the courts have formulated methods to calculate spousal maintenance payments. If you are considering divorce but have questions about alimony, a DuPage County, IL divorce lawyer can help clear up some of the confusion.

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 Posted on October 06,2023 in Divorce

Divorce can be a complicated process for any couple to go through. If you have children, you will need to decide which parent has which rights and responsibilities. If you own a home, you will need to decide what will happen with that property in the divorce settlement. If you have any assets, those will need to be divided in some way. And if either spouse has incurred debt, that is another difficult matter that requires resolution. If you are considering divorce but are concerned about how debt division might affect you, a DuPage County, IL divorce attorney will be able to shed light on this sometimes confusing topic.

What Is an Equitable Distribution State?

The majority of states, including the State of Illinois, are considered “equitable distribution states.” This means that instead of dividing a couple’s assets equally in a divorce settlement, a different calculation is used to determine the fairest way to distribute everything. Rather than taking everything the couple has acquired and dividing it all down the middle, the courts will take into account all their shared assets, debts, the duration of the marriage, each spouse’s unique needs, and other information.

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 Posted on September 27,2023 in Uncategorized

You have decided that divorce is the right step for you, but how should you move forward now? Divorce does not have to be terrible, and in fact, many people can feel an enormous sense of relief once it is over. However, if you want a desirable outcome in your divorce settlement, coming prepared is the best thing you do. A DuPage County, IL divorce attorney can explain all the aspects of a divorce to help you prepare as best you can.

Where Do I Even Begin?

The first thing you should do if you are convinced that divorce is in your future is to find a lawyer to represent you and your best interests. You should seek a law firm that has experience dealing with divorce. If there are any special circumstances about your divorce - for example, if you have young children, if this will be a high-asset divorce, if you and your spouse co-own a business - you will want to make sure the law firm you chose has dealt with similar cases in the past. 

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 Posted on September 19,2023 in Divorce

Infidelity in marriage is becoming increasingly common. In some states across America, cheating could be enough for a court to grant the other spouse full custody and other beneficial terms in a divorce. In the State of Illinois, which is considered a “no-fault” state, neither spouse is considered responsible for a marriage breaking apart and both need to share parental responsibilities regardless of why they are splitting up. 

You may have cheated on your spouse, but that has nothing to do with how you are as a parent. If you are a parent thinking about divorce in the State of Illinois and you had an affair, a DuPage County, IL divorce lawyer can help you understand the process and advocate on your behalf.

What Is a No-Fault Divorce State?

In the past, people needed to prove to the courts why they deserved to be granted a divorce. They needed to provide the court with their “grounds for divorce.” Grounds generally included abuse, infidelity, or abandonment. But in 2016, the State of Illinois decided that from then on, couples no longer need to present the grounds for their divorce. Neither spouse needs to worry that their reputation will be ruined in divorce court. 

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 Posted on September 15,2023 in Divorce

All divorces taking place in the State of Illinois need to meet the state’s residency requirements. That means that if you want to file for divorce, you need to have lived in Illinois for at least 90 days. The county where you file for divorce is the county in which your divorce will be handled, and the specific county where your case is handled is called the “venue.” 

There are certain circumstances in which you may want to settle your divorce in a different county. If you feel that a change of venue would serve your interests, a DuPage County, IL divorce attorney will be able to clear up some confusion around the significance of where your divorce is handled, and guide you through the process of transferring it to a different county.

Does Venue Matter in an Illinois Divorce?

When someone files for divorce, their case will be handled in the county where they filed, which is generally where they or their spouse reside. Even if the spouses are living in separate counties at the time of filing, the divorce gets assigned to the county in which it was filed. All Illinois family courts follow the same state laws, but some counties may handle them slightly differently. The specific county where your divorce is finalized might affect the outcome.

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 Posted on September 12,2023 in Divorce

Social media networks have become an important part of life. People use them to connect with friends, share personal milestones, network professionally, date, collaborate, and countless other reasons. But whatever you post online is out there for all the world to see. Your social media posts could impact your divorce. A DuPage County, IL attorney can explain how, and whether there is anything you should be doing differently.

How Can Social Media Usage Affect Divorce?

In a divorce proceeding, lawyers may try to get the settlement their clients want by trying to show the other spouse as unfit to care for their children or wealthy enough not to need alimony. Before social media was a popular tool, it was much harder to get evidence of such claims. Now that it is common to post pictures and comments on several social media platforms, people have access to so much personal information about others. 

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 Posted on August 28,2023 in Divorce

Unfortunately, it is not uncommon for some spouses to attempt to conceal or undervalue assets and income when divorcing in Illinois in hopes of avoiding their fair share of property division and support obligations. However, Illinois divorce law provides legal mechanisms to uncover hidden marital property and income sources.

Require Complete Financial Disclosure Upfront

Illinois requires full written disclosure of all assets, debts, incoming revenue streams, and expenses by both spouses at the outset of divorce proceedings. Non-disclosure can result in severe penalties down the road, including overturning of the final property settlement. Insist on transparency from the very beginning.

Subpoena Bank Records and Financial Statements

If you have credible suspicion of undisclosed accounts, assets, or transactions, your divorce attorney can petition the court to subpoena bank statements, credit card records, loan documents, and other financial statements to ferret out hidden information that your spouse may have "forgotten" to mention. Thorough subpoena powers allow financial secrets to come to light.

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 Posted on August 21,2023 in Divorce

Divorce and child custody disputes involving high asset parties present unique challenges not found in typical cases. Important insights can help individuals navigate these complicated situations. This article provides key information for those involved in high asset divorce and child custody cases.

Gather Extensive Financial Documentation

Thorough financial records are imperative in high asset divorce cases. Tax returns, bank statements, business financials, property appraisals, and any documentation related to substantial assets should be collected as early as possible. Complete and organized financial information allows for proper analysis and strategy when developing settlement proposals and arguments for equitable distribution. Be sure to gather documentation on all assets, debts, expenses, and any other financial records that may be relevant.

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