Posted on March 21, 2023 in Divorce

Deciding to end a marriage is one of the most difficult decisions anyone can make. However, if you have reached the point where a divorce is the only option, it is essential to understand the legal process of divorce. In Illinois, the divorce process can be complicated and overwhelming. 

Determine Your Eligibility for Divorce

In Illinois, to file for a divorce, you must meet the residency requirement. One of the spouses must have lived in the state of Illinois for at least 90 days before filing for a divorce. If you meet this requirement, you can move on to the next step.

Grounds for Divorce

A spouse or both spouses must establish grounds for divorce before the judge will grant it. Irreconcilable differences, often known as no-fault divorce, are the only grounds for divorce that are accepted in Illinois. Irreconcilable differences are described under Illinois law as the "irretrievable breakdown" of a marriage. The spouses must either claim there is a breakdown in the marriage but that all attempts at reconciliation have failed and that further attempts would not be "in the best interest of the family" or they must be living apart for six months in separate households or within the same household at the time of the breakdown of the marriage.

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 Posted on March 14, 2023 in Divorce

Child relocation during a divorce can be a complex and emotional issue, and parents in Naperville, Illinois, must be aware of the difficulties that may arise during this process. When parents cannot agree on the relocation of their child, the court will make a judgment that is in the best interests of the child. This is where an attorney familiar with complex child issues can help you.

Deciding The Child’s Best Interests

Choosing what is in the best interests of the child is one of the trickiest problems with child relocation following divorce. The court will weigh a number of issues before deciding whether to grant a parent's request to move with a child. These considerations encompass the child's health—emotional, psychological, and physical—in addition to their interactions with other family members, including their siblings and parents. The relocation distance as well as the child's prospects for social and academic growth in the new community, will be taken into account by the court. The decision will also take into account any past neglect or abuse by one parent or the other.

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 Posted on March 07, 2023 in Divorce

 Prenuptial agreements are becoming increasingly popular among modern couples. While not exactly romantic, creating a prenuptial agreement can be a responsible decision before getting married. Here are five reasons to consider getting one.

Prenuptial Agreements Can Protect Your Assets

A prenuptial agreement can assist in protecting your assets in the case of a divorce. When two people marry, their financial affairs become entwined, and any assets or money acquired by either spouse during the marriage are added to the marital estate. Any assets in the marital estate are distributed between the spouses in the event of a divorce. Your assets can remain segregated if you enter into a prenuptial agreement. Property classified as non-marital property through a prenuptial agreement will not be split. A prenuptial agreement can also be used to safeguard inherited assets or gifts from relatives and ensure those items stay in the family.

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 Posted on February 24, 2023 in Divorce

One of the most significant assets a couple may own is their real estate, including their marital home. The division of real estate assets can be a complicated and emotional process during a divorce. It is essential to identify and value all real estate assets and determine how they will be divided fairly. Several factors are considered by the court when dividing real estate, including a couple’s marital home.

Identifying and Valuing Real Estate Assets

The first step in dividing real estate in a divorce is identifying and valuing the assets. This includes any properties the couple owns, such as their marital home, vacation homes, rental properties, and undeveloped land. The value of each property is determined by an appraisal or market analysis.

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 Posted on February 19, 2023 in Divorce

Going through a divorce is a difficult process that can leave you feeling emotionally and financially drained. However, once the divorce is finalized, there are still many important issues that you will need to address. One of the most important is post-divorce modifications. If you're a married couple in Illinois going through a divorce, here are some things to keep in mind.

Child Custody and Support Modifications

Child custody and support are often the most contentious issues in a divorce. In Illinois, child custody is determined based on the best interests of the child. However, circumstances can change after the divorce is finalized, and it may become necessary to modify the custody arrangement. Some common reasons for modifying child custody include:

• Relocation - If one parent needs to move to a new location, it may be necessary to modify the custody arrangement to accommodate the new location.

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 Posted on February 09, 2023 in Divorce

When couples decide to end their marriage, they must also address the division of property. This can be a complicated and contentious issue, especially when large assets such as homes, retirement accounts, and businesses are involved. Understanding who owns what, accurately valuing the property, and determining a fair division of shared property can take some time. In Illinois, property division during a divorce is governed by state law, which provides a framework for equitably dividing marital property. 

Marital Property and Separate Property 

In Illinois, marital property is defined as any property acquired by either spouse during the marriage. This may include income, real estate, investments, bank accounts, vehicles, personal property, and pensions. If spouses cannot negotiate a fair division of property, the court will divide property for them. All marital property is subject to division during a divorce, and the court must divide it in a manner that is fair and just to both parties. This may involve selling assets, such as a home, and dividing the proceeds, or transferring ownership of an asset to one spouse in exchange for other assets of equal value.

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 Posted on February 06, 2023 in Child Custody

Divorce is a difficult and emotional process for all parties involved, particularly for parents who are trying to navigate the process while ensuring the well-being of their children. Parents who want to share responsibility for their children will describe the allocation of parenting time and parental responsibilities in their parenting plan. Divorcing parents may also need to address child support. The court typically determines child support based on a statutory formula, but courts deviate from the formula under certain circumstances.

Child Custody and Visitation

Child custody and visitation are two of the most important and difficult issues that parents face during divorce. In Illinois, child custody is determined based on the best interests of the child, which includes:

• Consideration of the child's physical and emotional needs

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 Posted on January 23, 2023 in Property Division

 Divorce can be demanding and taxing, especially when there is suspicion of hidden assets. The main reason someone would consider hiding their assets and finances during a divorce would be to minimize any financial losses that a spouse may suffer due to the split. 

Having a divorce attorney by your side can help you uncover important documents and financial records so your divorce settlement is based on accurate financial information. While a spouse may be able to ask for these things alone, there is no guarantee that they will be given truthfully. An attorney can request these documents using discovery tools such as subpoenas and requests for production. If the spouse does not comply or hides anything, they can risk serious consequences. 

Common Ways Spouses Hide Assets

It is not always easy to spot when a spouse may be hiding assets. The following may be signs that a spouse is hiding assets or lying about income during divorce: 

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 Posted on January 18, 2023 in Property Division

Illinois is an “equitable division” state, meaning that marital property and debts divided by the court do not need to be divided equally, but rather the law requires that it be divided equitably. Property division may be negotiated and agreed upon by the spouses or decided in court. While the division of assets does not need to be equal, it should be fair, regardless of marital factors such as who was the household provider or who purchased what. 

Marital Property vs. Non-Marital Property 

When evaluating assets, divorcing spouses may be able to divide their assets into two categories: material property and non-marital property. Assets that are considered marital property are all things that were acquired during the marriage and before the couple was legally separated. Assets considered non-marital property are all things acquired before the couple was legally married. Assets appointed through inheritance or gifted during a marriage can also be considered non-marital property. 

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 Posted on January 12, 2023 in Uncategorized

 Divorce is different for every couple. An uncontested divorce involves both parties agreeing on divorce issues like property division and child custody. However, the many divorces are not this simple. Contested divorces are more difficult. The spouses do not agree on how to resolve divorce issues and the divorce may including complications such as custody disputes, high-value assets, and business ownership. In general, here are some concerns to look for that make your divorce far more complex.

Complex Factors To Look Out For

• Child-Related Issues - If you have children, this will complicate the divorce. The focus will revolve around who will be the sole caretaker for the child, parenting time rights, and who will pay child support. Child support payments may lead to questions about who will pay for the expenses of the child, such as potential medical bills or college tuition. The best case scenario to make these decisions less complex will be for the couple to create a parenting plan. This will help the couple decide what is not only in the best interest of the child but for both of the parents as well. Of course, even with a parenting plan, the ultimate decision will be approved by a judge whose main interest is in the child’s well-being. 

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