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.

Continue Reading ››

 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.

  Continue Reading ››

 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

  Continue Reading ››

 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: 

Continue Reading ››

 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. 

  Continue Reading ››

 Posted on December 20, 2022 in Divorce

In the olden days, people who were filing for divorce could blame their spouse for the breakdown of the marriage, possibly filing for divorce under such grounds as infidelity, cruelty, or other acts. As of 2016, however, Illinois is now entirely a no-fault divorce state under Public Act 099-0090.

Under Illinois law now, people can only base their decision to divorce on “irreconcilable differences,” which is another way of saying that spouses can no longer get along despite repeated efforts to try and work things out. Under 750 ILCS 5/401(a-5), there is an irrebuttable presumption that the requirement of irreconcilable differences has been met when the parties live separate and apart for a continuous period of not less than six months immediately preceding the entry of the judgment dissolving the marriage.

Proving Irreconcilable Differences

Spouses living apart for six months proves that there are irreconcilable differences. The truth, however, is that spouses do not actually need to be literally living in separate homes to satisfy the requirement. Spouses may have to remain living together because of certain financial considerations or other factors, but may live in separate rooms and lead separate lives. 

Continue Reading ››

 Posted on December 01, 2022 in Divorce

As many of us prepare to enter 2023 with big plans for a new year and resolutions to do things differently, the one thing that can be common in many homes this time of year is a spouse seeking a divorce. January is sometimes called “divorce month” because the rate of divorce increases significantly at the start of a new year.

MarketWatch has reported that January sees lawyers getting a 25 to 30 percent increase in clientele. While many attorneys claim there is an inevitable increase in divorce applications after the holidays, the New York Times reported that the two most common months for spouses to split were actually March and August.

Divorces Are Commonly Initiated in January 

The reasons for divorce vary, but for many, the start of the new year offers a chance for a fresh start. People who have been stuck in difficult marriages for the past year or longer often want to seek something different.

Continue Reading ››

 Posted on November 30, 2022 in Divorce

The Centers for Disease Control and Prevention (CDC) reports that the number of divorces in the United States has actually declined over the past two decades, going from 944,000 divorces and annulments a yearto 630,505 a year. U.S. News and World Report further reported that Illinois had the fifth-lowest divorce rate in the country at 6.2 percent.

While many people are now of the belief that most marriages will begin with a 50 percent chance of divorce, many experts believe the divorce rate is lower than this. Unfortunately, there are still a multitude of reasons that a marriage can end these days. If you are planning to divorce, make sure to work with an experienced divorce attorney who can help you throughout the process. 

Common Issues in an Illinois Divorce Case 

While divorce might be becoming less common than it was 20 years ago, many people still deal with divorce issues like property division, child custody, and spousal maintenance every year. While the overall divorce rate has decreased, the over-50 population has seen a dramatic increase in divorce cases. Older people are divorcing at a much higher rate than the younger crowd. With age often comes increased financial resources, including complex assets like investments and real estate. Dividing property in a “gray divorce” often presents a unique challenge. 

Continue Reading ››

 Posted on November 23, 2022 in Property Division

Many people who have friends in other states who have gone through a divorce can are surprised to learn that property division during divorce varies from state to state. Community property laws dictate a 50-50 split of all marital property. Illinois is among the majority of states using equitable division laws as opposed to community property laws. Equitable distribution involves a fair but not necessarily equal distribution of marital assets.

Illinois law can be rather complex when it comes to determining the distribution of marital property, and a number of factors can influence court decisions in these cases. The value of property, the spouses’ earning capacity, and each party’s contribution to the marital estate can all be factors that dictate how property will be distributed.

How Equitable Distribution Applies to Your Divorce

Courts only utilize equitable distribution when divorcing spouses cannot negotiate an agreement regarding their marital property settlement. Equitable distribution will only apply to marital property, or the property that was acquired during the marriage. It does not include property obtained during the marriage by gift or inheritance, which is considered separate property.

Continue Reading ››

 Posted on November 14, 2022 in Divorce

Earlier this year, the American Bar Association (ABA) said that while the overall divorce rate in the United States was on the decline, the one group seeing an increase was the so-called “gray-haired” demographic. People 50 years of age or older account for 25 percent of all divorces, and 1 in 10 individuals getting divorced are 65 years of age or older. Anybody who is going through a gray divorce in the greater Naperville area will want to be sure they are working with an experienced divorce attorney for people in retirement or near retirement.

There are certainly advantages to getting a divorce when you are older, as there is less likelihood for adverse effects on children who are presumably grown up and out of the house by this point. There can still be a number of complicated issues for people to deal with in these cases, however.

Making Gray Divorces Work

Continue Reading ››