Posted on September 16, 2022 in Divorce

Among the many difficult and uncomfortable hurdles you face during a divorce comes the question of how to divide the property. If you have been married for many years, it can be undeniably challenging to decide who gets what. You want to make sure you have the best case in your favor to ensure you receive what you are entitled to. 

What is Marital Property and What is Non-Marital Property?

The basis of deciding who retains ownership of certain properties is established by first dividing what is considered “marital property” and “non-marital property”. Though it can still be tricky to determine what is considered “marital” and “non-marital” property, the timing of what was purchased prior to or following the marriage is the primary deciding factor. “Marital Property” refers to all property, including debts and other obligations, acquired by either spouse during the marriage.  

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 Posted on September 09, 2022 in Child Custody

One of the most complicated aspects of a divorce is deciding what is best for your children. If you and your spouse have had children together, it can further convolute an already confusing and stressful event. Learning how to navigate custody, deciding upon a fair parenting plan, and understanding child support can be very overwhelming for an individual. Fortunately, the experienced professionals at Hendrix Law firm can help guide you through the process and provide peace of mind.  

How are Custody and Child Support Determined?

After a divorce, the custody of the children will be decided based on a number of factors.  Every case is unique, but many typical cases are based on similar factors including:

• Education and possible relocation for the children

• The availability of healthcare, dental care, and psychological care

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 Posted on August 29, 2022 in Divorce

High net worth couples are typically comprised of two partners who are driven, ambitious, and have a strong work ethic. Coupled with careful spending habits and excellent investment practices, these couples can accumulate substantial assets both before and during the years of their marriage. And while this can be a blessing in many ways, when a high-net-worth couple starts thinking about divorce, their asset portfolio may pose more problems than solutions. If you are considering divorce and are wondering what impact this could have on your financial well-being, here are some challenges to be aware of. 

Your Divorce Will Likely Take Longer

High net worth divorces generally take longer to complete because a large asset portfolio requires cautious, thorough handling. Couples must first determine how much of any given property is personal and how much is marital; generally, all property acquired during marriage with marital funds is marital. However, even private assets can be commingled with marital assets, sometimes requiring the need for complex asset tracing and valuation. 

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 Posted on August 22, 2022 in Divorce

During a marriage, each spouse’s money usually becomes inextricably connected with the other spouse’s. Research shows that most spouses combine their incomes, at least to some extent. Because money earned by either spouse during a marriage is considered marital property, the line between what is “yours” and “mine” can become blurred or nonexistent. 

However, this does not mean that spouses should be able to run roughshod over each other’s financial preferences and needs. Wasting money on gambling, drugs, or a shopping addiction can severely harm a family’s present and future financial health, and threaten to drive a couple to seek an Illinois divorce. And if a couple does decide to get a divorce, the process of dividing assets can become even more complicated when one spouse is wasting, or threatening to waste, marital assets. 

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 Posted on August 15, 2022 in Divorce

One of the reasons that people frequently cite for staying in unhappy marriages is the high cost of getting divorced. For homemakers or stay-at-home parents, this is especially true. When you do not have an income of your own and are worried whether inflation and a looming recession will make it impossible to make ends meet, divorce can seem like a pie in the sky. 

But you may be surprised to learn that Illinois law has provisions for ensuring unemployed spouses are not trapped in bad marriages forever because they cannot afford their own divorce attorney. If you are considering divorce and wondering whether there is any way to pull it off, read this blog and then schedule a consultation with an experienced divorce attorney. 

How Can I Get Divorced if I Am Unemployed? 

Illinois law views almost everything either member of a couple earns while married as marital property. With the exception of gifts and inheritances, money made by either spouse is money that belongs to both spouses. This means income, vehicles, and even houses that are bought during a marriage using marital money belong to both partners - even if only one spouse’s name is on the title. 

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 Posted on August 04, 2022 in Child Custody

Although most divorced parents in Illinois are eager to spend more time with their kids, a few parents are flaky or disinterested. While on the surface, this may seem like a great way for the other parent to get more time with the kids, in reality, it leads to frustrated plans and - even worse - disappointed children. If you are in this situation, you already know how hard it can be to deal with an ex who does not show up for his or her parenting time. The good news is that there are options for taking action. 

What is Parenting Time? 

Parenting time, formerly known as visitation in Illinois, is the schedule that describes each parent’s allotted time with their child. Usually, parenting time kicks in once a parenting plan has been established after a divorce, but parents who have never been married can create a court-ordered parenting plan as well. 

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 Posted on July 20, 2022 in Child Support

When parents divorce, it is standard for the parent with less parenting time to pay child support to help finance their children’s needs. Children have the right to be financially supported by their parents in Illinois. Most child support orders from the court end when the children involved turn 18 years old and become an adult. However, there are circumstances where child support payments are extended to non-minor children.

When is Non-Minor Child Support Required?

There are a few key reasons the court may require non-minor child support payments from a parent. Below are the three most common reasons that Illinois may extend child support payments for children over the age of 18.

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 Posted on July 17, 2022 in Divorce

It is normal to have many questions about the process when going through a divorce. There are two main types of divorces, and they differ in a few ways. An uncontested divorce refers to a divorce process that is amicable and communicative. A contested divorce, on the other hand, involves partners who are in disagreement over one or more divorce issues. Contested and uncontested divorces vary in a few ways, including duration and price. Here are five key differences between contested and uncontested divorces.

Communication 

The main difference between a contested and an uncontested divorce is the degree of productive communication between spouses during the process. During an uncontested divorce, both partners can express their desires for a divorce outcome and can agree on virtually every aspect of a divorce decree. For example, during an uncontested divorce, both spouses will decide on how property will be divided, who will retain permanent residence in the family home, and how child custody will be divided between parents. However, communication may be more difficult in an uncontested divorce. Sometimes, spouses only communicate through their respective attorneys. 

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 Posted on July 11, 2022 in Divorce

In an Illinois divorce, the state divides marital property in an equitable, fair fashion. Marital property is divided between the spouses based on many factors including their contributions to the marriage, financial resources, earning capacity, and needs. If one spouse receives the house after the divorce, the other may receive a more significant portion of the retirement account. However, what happens to personal belongings and family heirlooms during a divorce? Can a spouse be awarded the other’s personal belongings?

Shared Versus Unshared Property

Property division during a divorce is considered under the umbrella of two property types— shared and unshared. Shared items, also known as marital property, were obtained throughout the marriage, so both spouses have a right to the property. Non-marital property includes items purchased before the marriage or given to a partner before the marriage. Assets acquired through inheritance or gift are also separate property. 

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 Posted on June 24, 2022 in Divorce

Making the decision to divorce your spouse is difficult. However, breaking the news to your children can become another hurdle. News of a separation, divorce, or breakup can be highly unsettling for children, especially young ones. Kids thrive off of routine and stability, making separation difficult for them to accept. If you are struggling to break the news of a breakup with your kids, here are ten tips that can help you prepare for a conversation. 

1. Meet with a Child Psychologist 

Many psychologists and therapists specialize in working with children. Having a licensed counselor working alongside your children as they go through a divorce can help a child process their emotions and healthily work through grief. A therapist can provide you with strategies for communicating with your children. 

2. Maintain a Routine 

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