Posted on November 16, 2022 in Property Division

Divorce involves much more than a couple merely deciding to end their marriage. To complete the divorce, the spouses must address several crucial issues, including the division of their shared assets and debts, child custody, spousal support, child support, and more. Most of these issues involve finances, so one of the first steps in any divorce is to complete a financial disclosure.

The Illinois Marriage and Dissolution of Marriage Act requires both spouses to provide full and accurate financial information to each other and to the court. This is accomplished through the use of a Financial Affidavit, which lists all income, debts, assets, and liabilities. The purpose of the financial disclosure is to give both spouses and the court a complete picture of each person's financial situation so that an equitable division of property can be achieved and support orders, if any, can be accurately calculated.

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 Posted on November 14, 2022 in Divorce

Divorce can bring out the worst in people - especially in a high-conflict divorce. Sometimes, antagonistic behavior during a separation or divorce escalates to stalking. Following someone to school or work, calling obsessively, monitoring their social media, or showing up uninvited at their home are all examples of stalking behaviors. If your ex is stalking you during divorce, it is important to take action to protect yourself and your children.

How to Handle Stalking During Your Illinois Divorce

Stalking can involve many upsetting, unnerving, and even frightening actions and behaviors. Some people cannot accept that their marriage is ending and act out in inappropriate, threatening, and unlawful ways. If your divorce has turned nasty and you are dealing with a stalker, here are some things you can do to protect yourself:

• Keep a Stalking Log - Keep track of every instance of stalking behavior, no matter how small. Note the date, time, location, and what happened. This will help you identify patterns and document the severity of the stalking for future reference.

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 Posted on November 10, 2022 in Child Support

The state of Illinois expects parents to financially support their children even if they are unmarried or divorced. Child support payments help divide the financial burden between both of the parents. The parent with the lesser amount of parenting time provides financial support to the parent with the greater share of the parenting time. The parent with the majority of parenting time makes his or her financial contributions to the child by paying for things like housing, groceries, and other everyday expenses.

If you are the paying parent or “obligor” you may be worried about your ability to make child support payments. Perhaps you have lost your job or experienced another financial hardship, and you can no longer afford child support. There are ways to modify a child support payment amount, however, the courts only allow child support modifications in certain circumstances.

Request a Modification Review

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 Posted on November 04, 2022 in Property Division

The division of marital assets and liabilities is often one of the most complicated and consequential aspects of the divorce process. Marital property is property and debts contained within the marital estate. Both spouses have a legal right to a share of marital property. Non-marital property is property and debts that are not part of the marital estate and are owned solely by one spouse. Non-marital property generally includes property that was acquired by either spouse before the marriage, inheritance or gifts received during the marriage, and property that is excluded by a valid prenuptial agreement. Transmutation of assets is the conversion of non-marital property to marital property or vice versa.

Commingling or Mixing of Property Can Lead to Transmutation

The transmutation of property generally occurs when one spouse commingles or mixes non-marital assets with marital assets. For example, if a wife deposits her separate funds into a joint account, these funds can be converted into marital funds.

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 Posted on November 02, 2022 in Divorce

When a married person realizes that divorce is on the horizon, he or she may look for ways to reduce the complexity and acrimony of the divorce as much as possible. Many people facing divorce ask themselves, “Do I really need a lawyer to get divorced?” They may worry that getting a divorce will send the wrong message or even exacerbate the tension between them and their soon-to-be ex.

Working with an experienced divorce attorney can be advantageous for many different reasons. Contrary to popular belief, retaining a lawyer does not necessarily increase the contention between spouses. Modern divorce lawyers understand that spouses want to resolve their divorce with as little difficulty and conflict as possible. An experienced attorney will know how to provide the guidance and support a spouse needs while encouraging cooperation between the parties.

Working Toward a Divorce Settlement While Protecting Your Rights

Divorcing spouses will need to address several important issues when they end their marriage. Spouses must determine what assets are non-marital and what assets are part of the marital estate. Marital property, including liquid assets, investments, real estate, and retirement accounts, will need to be valued and divided. If the couple shares children, the spouses will need to formulate a parenting plan that describes how the parents will make major decisions about their child, including educational and healthcare decisions. They must also establish a parenting time schedule that describes when each parent will care for the children. In some cases, the spouses will also need to address alimony or spousal maintenance.

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 Posted on October 26, 2022 in Child Custody

Sharing custody of a child is no easy task. Divorced and unmarried co-parents must contend with many different parenting issues throughout the year. However, the holiday season can be an especially difficult time for families to get along. Children cannot be in two places at once, and parents and extended family may argue about which holiday gatherings children attend. As winter holidays approach, consider the following tips for preventing parenting time disputes.

Sharing Custody of Your Kids Over the Holidays

There is no way to completely avoid arguments and conflict during a co-parenting relationship. Disagreements and hurt feelings are bound to arise. However, with careful planning and preparation, you may be able to reduce the amount of conflict between you and the other parent.

• Review your parenting plan - Your parenting plan describes the allocation of parental responsibilities as well as the parenting time schedule. A well-written plan clarifies parenting time on holidays and other special occasions, too. Review your parenting plan before the holidays to avoid any confusion about who gets the children on what days. If you do not have a formal parenting plan, now is the time to sit down with the other parent and create one.

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 Posted on October 19, 2022 in Property Division

Unfortunately, the end of a marriage relationship can sometimes bring out the worst in people. Some divorcing spouses are so angry that they act out maliciously toward the other spouse. They may threaten their spouse, refuse to cooperate with the divorce process, or destroy their spouse's property.

If your spouse destroyed, ruined, sold, or otherwise wasted money or property during your divorce, you may be able to seek legal recourse through a "dissipation of assets" claim.

What is Dissipation of Assets?

Illinois law describes dissipation of assets as "any act or series of acts resulting in the depletion of marital property for a non-marital purpose." The law goes on to state that dissipation claims can be filed by either spouse during a divorce proceeding.

Dissipation may refer to reckless or intentional actions. For example, if a spouse has an addiction, money that is spent on drugs or alcohol may be considered dissipation. Buying expensive gifts for an affair partner may also be considered dissipation. Destroying a spouse's property - such as breaking furniture, setting fire to a spouse's clothes, or damaging a car - would also be considered dissipation.

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 Posted on October 12, 2022 in Child Custody

It is not uncommon for disputes regarding parenting time and parental responsibilities to become quite contentious. Emotions are running high and what is best for the child can become lost in the shuffle. The courts understand this and have designed a process to help ensure that children's best interests are always the top priority. Guardians ad litem (GALs) play an important role in these types of cases.

A "Guardian ad Litem" is a person, usually an attorney, who is appointed by the court to represent the best interests of a minor child or children in such disputes. The Guardian ad Litem will investigate both parents’ side of the story and make recommendations to the court as to what they believe is in the child's best interests.

When is a Guardian ad Litem Assigned to a Case?

There are no hard and fast rules as to when a GAL will be assigned to a case. Generally, however, it will happen when the court feels that it would be helpful to have an objective third party involved. This is especially true if there are allegations of abuse or neglect. The court may also appoint a GAL if the parents are unable to come to an agreement on their own regarding child custody issues. Either parent may also request that a GAL is assigned to a child custody dispute or divorce case.

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 Posted on October 07, 2022 in Domestic Violence

Although women are statistically more likely to be abuse victims than perpetrators, women are just as capable of inflicting physical, mental, emotional, and psychological abuse as men. Sometimes, a woman in a same-sex relationship abuses her female partner. In other cases, the victim of the abuse is a woman’s boyfriend or husband. Although it is not talked about as frequently as other types of abuse, physical abuse against men is not uncommon. Approximately one out of every seven men has been the victim of intimate partner violence.

If you are ready to leave your abusive wife and get a divorce, you may understandably feel uncertain about the road ahead. Leaving an abusive spouse is not easy, regardless of the perpetrator’s gender. Read on to learn about your legal options in a situation like this.

Get an Order of Protection

Illinois laws protect all victims of domestic violence. If your wife has physically injured you, threatened you, or harassed you, do not wait for the situation to escalate before taking action. You can request an Emergency Order of Protection at your local county courthouse based on your testimony alone. Your wife’s presence is not required.

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 Posted on October 04, 2022 in Children and Divorce

Divorce is not uncommon, and most children have friends, family members, and schoolmates with divorced parents. However, the pervasiveness of divorce does not cancel out the deep emotional impact of divorce on children. If you are a parent planning to end your marriage soon, you may be unsure of how to broach the subject with your children. The moment your children learn about the divorce is likely a moment they will remember for the rest of their lives. The "divorce talk" should be carefully thought out and planned in advance so that it goes as smoothly as possible.

Telling Your Children About the Divorce

The first step is to make the decision about when and how to tell your children about the impending divorce. You and your spouse should sit down together and decide what you will say and who will say it. It is often best for both parents to be present for the conversation, but if that is not possible or practical, then one parent should take the lead. Do not tell your children about the divorce until you are absolutely certain the marriage is over.

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