Posted on August 02, 2022 in Divorce

Everyone who falls in love hopes that the relationship will last forever. Sadly, however, statistics show that this is simply not the case for every couple. Countless issues, from financial dishonesty to adultery, can lead to marital breakdown. Some couples are able to overcome these types of challenges while others cannot. Only the individuals involved in a marriage can determine if their relationship is salvageable. This blog will evaluate some of the signs that may indicate that divorce is on the horizon.

Indications Your Marriage May Be Over

Most marriages that end in divorce experience a slow breakdown over time. There may be one or two major events such as a cheating spouse that hasten the relationship’s collapse, but most marriages slowly burn out due to issues such as:

• Differing priorities – People change, and sometimes, a marriage cannot survive these changes. For example, if one spouse wants children and the other wants to remain childless, the two may have a hard time reconciling these differences.

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 Posted on July 29, 2022 in Divorce

Same-sex marriage has been permitted in all fifty states since June 2015. Homosexual couples have the same rights as heterosexual couples. They can get married, draft prenuptial agreements, get divorced, and be subject to child support and spousal support orders. However, divorce and family law issues are sometimes more complicated when spouses are the same gender. Read on to learn about LGBT divorce in Illinois and how you can get the legal help you need when divorcing a same-sex spouse.

Getting Divorced When You Are in a Same-Sex Marriage

Same-sex couples follow the same divorce procedures as opposite-sex couples. One spouse files for divorce by submitting a petition for dissolution of marriage to the court. The other spouse (called the respondent) responds to the divorce petition. The spouses may be able to negotiate an agreement on the terms of their divorce and avoid taking the case to court. Their respective attorneys will provide legal guidance and assist in negotiations. The couple may also decide to attend divorce mediation to discuss divorce issues like property division, spousal maintenance, and child custody. If the spouses cannot reach settlement, the case may advance to trial.

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 Posted on July 26, 2022 in Divorce

When one spouse makes significantly more money than the other, the higher-earning spouse may be required to pay alimony to the lower-earning spouse in a divorce. In Illinois, alimony or spousal support is referred to as spousal maintenance. A spouse may be required to pay maintenance if the couple agrees to maintenance terms during divorce negotiations or the court orders a spouse to pay maintenance. A prenuptial or postnuptial agreement may also define spousal maintenance terms.

Traditionally, alimony was seen as a man’s responsibility. However, high-earning women are subject to the same spousal support laws as men. Acclaimed singer Mary J. Blige recently opened up about her experience paying alimony to her ex-spouse after divorce. Her story provides insight to celebrities and non-celebrities alike.

Wealthy Wives May Be Forced to Pay Spousal Support to Their Husbands

Hip-hop artist Mary J. Blige has been an internationally renowned singer for decades. Her net worth is in the millions. However, she admits that alimony obligations stretched her finances extremely thin. When Blige divorced her husband in 2017, she was ordered to pay a whopping $30,000 a month to her ex-husband. Originally, her ex requested four times that amount.

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 Posted on July 20, 2022 in Domestic Violence

Intimate partner violence is shockingly common. The CDC estimates that approximately one in five women and one in seven men have been physically abused by an intimate partner at some point in their lives. Abuse may come in the form of physical violence, psychological manipulation, emotional abuse, or financial exploitation. Whatever the form it comes in, no one ever deserves to be abused by a romantic partner.

If you were threatened or abused by a boyfriend, girlfriend, spouse, or ex, you may want to consider getting an emergency order of protection.

What a Protection Order Can Do For You

Illinois courts offer several different kinds of protection orders. An emergency order of protection (EOP) is designed to be effective immediately. Often, petitioners can get an EOP on the same day they request it. Furthermore, EOPs are offered on an “ex parte” basis. This means that a formal hearing with both the petitioner (abuse victim) and respondent (abuser) is not required for the court to issue an EOP. If you are being abused by a current or former romantic partner, your partner does not need to be present for you to receive an EOP.

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 Posted on July 15, 2022 in Family Law

Most people have heard of prenuptial agreements, but fewer have heard of postnuptial agreements. A postnuptial agreement is very similar to a prenup, but it is completed after the couple is already married. Like prenuptial agreements, postnuptial agreements describe the spouses’ property rights and financial obligations in the event of divorce or death of a spouse. The reasons that couples utilize postnuptial agreements are varied and each situation is different. This blog will discuss the most common reasons married couples draft postnuptial agreements and what you can do to get started if you are interested in setting up a postnuptial agreement.

Postnups May Be Used for Financial or Personal Reasons

Postnuptial agreements or “postnups” have become increasingly popular in recent years. More and more couples understand the benefit of establishing their financial rights and responsibilities in an official, legally enforceable document.

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 Posted on July 11, 2022 in Divorce

Finances play a major role in any divorce case. When a married couple divorces, they will divide their shared property and debt equitably. Each spouse’s income and assets also influence child support, spousal support, and other aspects of the divorce.

Some spouses try to sway the divorce in their favor by lying about their financial circumstances. They may underreport income, hide assets, or inflate debts or expenses in an effort to secure a more favorable outcome. Business owners and spouses who are self-employed have nearly countless opportunities for this type of financial deceit. However, a skilled divorce lawyer can find evidence of hidden assets and income and fight for a fair divorce outcome.

Underreporting Income in an Illinois Divorce

Divorcing spouses are required to submit financial disclosures to the court that list their assets and income. However, some spouses are not truthful about the amount of money they make. Self-employed spouses and entrepreneurs may have an easier time lying about income than traditional w-2 employees. However, any individual may find sneaky ways to underreport income.

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 Posted on July 06, 2022 in Divorce

As Americans struggle with inflation, supply chain issues, and rising prices, many are turning to credit cards to make ends meet. Credit cards can be a useful financial tool. However, credit card debt can quickly spiral out of control.

If you are getting divorced, you may have many questions and concerns about credit card debt. How is credit card debt divided between spouses? Do we have to pay off our credit cards before we can divorce? What if a spouse promises to pay credit card debt and fails to do so?

Responsibility for Credit Card Debt in Illinois

Illinois courts handle debt similarly to property in a divorce. A debt that a spouse acquired before getting married is usually non-marital debt while debts acquired during a marriage are marital debt or joint debt. However, many different factors can influence liability for debts in a divorce. Sometimes part of a debt is considered marital and part of it is considered non-marital.

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 Posted on June 27, 2022 in Family Law

The term “paternity” refers to fatherhood. Mothers and fathers in Illinois often have questions about how paternity works. Contrary to what many believe, paternity is not always automatically established by a baby’s birth. In some cases, parents must take additional action to formalize the child’s legal relationship with his or her father. The situation becomes especially complex when a mother is unsure of who the father is, or the father denies his paternity.

How Can I Establish a Child’s Legal Relationship with His or Her Father?

If parents are unmarried, they must establish paternity. The easiest way is to sign a document called a Voluntary Acknowledgement of Paternity (VAP) and submit it to the Illinois Department of Healthcare and Family Services (HFS). Paternity may also be established through an administrative order through the HFS or through a court order.

What if I Signed a VAP and Then Found Out I Am Not the Father?

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 Posted on June 20, 2022 in Child Custody

Divorcing or unmarried parents have to address many crucial child-related issues. In Illinois, parents are asked to create a parenting plan that specifically states each parent’s rights and obligations. The parents will include information about the parenting time schedule (formerly known as visitation) as well as the allocation of parental responsibilities or decision-making authority.

Research shows that about 2.6 percent of children live in single-parent homes with a parent who is addicted to illegal drugs. Another study shows that more than one in ten children have a parent with alcoholism.

If you or your child’s other parent has a substance abuse problem, it is important to know how this can impact the allocation of parenting time and parental responsibilities.

Parental Drug and Alcohol Use

Some parents suffering from addiction are able to keep their addiction a secret. They do not use substances around their child, and the addiction does not affect their parenting ability. However, others place their child in danger because they are too impaired by drugs or alcohol to keep the child safe and provide a reasonable degree of care.

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 Posted on June 17, 2022 in Divorce

Cupid’s arrow does not always strike at the most convenient time. Sometimes, a married person meets a new romantic partner before their current marriage is officially terminated by divorce. If you are getting divorced and you or your spouse have moved in with a new romantic partner, you probably have questions about how cohabitation affects divorce in Illinois.

Adultery and Divorce in Illinois

When a married person enters into a romantic relationship before their marriage is over, this can be considered adultery. In Illinois, there are no fault-based grounds for divorce such as infidelity or abuse. All fault-based grounds were eliminated several years ago. The only ground or justification for divorce in Illinois is “irreconcilable differences.” So, you will not need to list adultery on any divorce paperwork.

Living With a New Partner Can Affect Property Division

Illinois law states that courts divide marital property without regard to marital misconduct like an extramarital affair. However, there is one situation in which having a new romantic relationship can affect asset division during divorce. If a spouse uses, spends, or sells marital property during an extramarital relationship, it could be considered dissipation of assets. For example, if you move in with a new partner and pay your rent using a joint bank account you share with your soon-to-be-ex-spouse, your spouse may be able to file a dissipation of assets claim. If the claim is successful, your spouse would be entitled to reimbursement for half of the dissipated funds.

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