Posted on June 13, 2022 in Prenuptial & Postnuptial Agreements

Owning a business can be both lucrative and deeply rewarding. However, as any business owner can tell you, it is not easy. Whether you are an entrepreneur running a startup or a business owner with decades of experience, getting married can change things. Anyone who plans to wed should understand how marriage and divorce can impact their business. One way to protect your business is through a prenuptial agreement.

A Prenup Can Protect the Business in the Event of Death or Divorce

No one gets married thinking that the marriage will end in divorce. The idea is unromantic at best and offensive at worst. However, statistics show that 40-50 percent of marriages do ultimately end up in divorce. Planning for this possibility is reasonable even if your relationship is thriving. Furthermore, prenuptial agreements can be beneficial even if a couple stays together until one of the spouses passes away.

Continue Reading ››

 Posted on June 06, 2022 in Divorce

Studies show that about 20 percent of men and 13 percent of women admit to cheating on their spouse. If your marriage is ending because of adultery, you may wonder how this can impact your divorce case. You may wonder if a cheating spouse is expected to pay more alimony or will have a harder time getting custody of their kids in the divorce. If you were the innocent spouse, you may wonder if there is a way to hold your spouse accountable for their adulterous actions during the divorce. Read on to learn more about how infidelity can affect divorce in Illinois.

No-Fault Divorce Laws

Illinois is a no-fault divorce state. When an Illinois resident seeks a divorce, the only available “ground” or legal reason for divorce is “irreconcilable differences.” Divorcing spouses do not need to assign blame for their marriage’s breakdown. They just need to affirm that they have experienced irreconcilable differences that cannot be resolved and that continued attempts at reconciliation would not be in the family’s best interests.

Continue Reading ››

 Posted on June 03, 2022 in Divorce

Although marriage is about much more than money, financial issues are often the crux of a divorce case. Property division, child support, and spousal maintenance all hinge upon the spouses’ financial circumstances. Some spouses try to sway the divorce outcome in their favor by manipulating financial information, hiding income, undervaluing assets, or using other unscrupulous tactics. If you are getting divorced, it is important to be aware of these tactics so you can protect your right to a fair divorce outcome.

Failure to Disclose Assets

Divorcing spouses are required to fill out financial disclosures listing their property and debts. Real estate properties, vehicles, businesses, professional practices, furniture, and other assets should be listed, valued, and categorized as either marital or non-marital property. However, some spouses fail to disclose all of their assets in an attempt to protect them from division during divorce. They may “forget” to report money in an offshore account or transfer assets to friends or family. Some divorcing spouses literally hide cash or valuables like jewelry to prevent the assets from impacting the divorce.

Continue Reading ››

 Posted on May 27, 2022 in Alimony / Maintenance

Divorce often has a major financial impact on both parties. Spousal maintenance, also called spousal support or alimony, may be paid by the higher-earning spouse to the lower-earning spouse to offset some of the negative financial consequences of the divorce. Spousal maintenance may be negotiated and agreed upon by the spouses or imposed by the court. If your spouse is seeking alimony from you, it is important to understand your rights.

Entitlement to Spousal Support

Spouses are not automatically entitled to spousal support because they make less than the other spouse. There are three main ways that a spouse may receive support in a divorce: The first is through a premarital or prenuptial agreement. Courts typically uphold spousal maintenance provisions in a prenup unless there are questions about the validity of the agreement or concerns that the maintenance arrangements would cause undue hardship to a spouse. Spouses may also be able to negotiate the terms of spousal maintenance with help from their respective divorce lawyers. Lastly, a spouse may petition the court for spousal maintenance.

Continue Reading ››

 Posted on May 23, 2022 in Divorce

For those who have never been divorced, the divorce process can seem daunting and confusing. How do I file for divorce? What happens if my spouse serves me divorce papers? Can I refuse to sign the divorce petition? These are just some of the many questions that people seeking a divorce in Kane County, Illinois may ask.

Read on to learn about the process of filing for divorce, responding to the divorce petition, and addressing divorce issues in Illinois.

The Divorce Petition Initiates the Divorce

The first official step in the divorce process is filing the divorce petition or "Petition for Dissolution of Marriage," as it is called in Illinois. Either spouse may file for divorce. Illinois is currently a no-fault divorce state so there is no need to list the specific reasons for seeking a divorce. The only ground for divorce in Illinois is irreconcilable differences.

Responding to the Divorce Petition

Continue Reading ››

 Posted on May 19, 2022 in Child Support

Child support is an important form of financial assistance for parents in Illinois. Payments are based on both parents’ net income, and often paid on a monthly basis. The parent with the majority of parenting time, formerly called the custodial parent, receives child support from the parent with less parenting time. If the parents each have at least 40 percent of the parenting time, the child support obligation is reduced accordingly.

Usually, child support ends when a child turns 18 and graduates high school or graduates from college. However, what happens if a child is emancipated?

Emancipation of a Child in Illinois

The Emancipation of Minors Act was passed in 1980. It allows individuals to become either partially or fully independent from their parents. Emancipation automatically occurs when a child turns 18 and becomes an adult. However, a special emancipation order can expedite the process and allow a 16 or 17-year-old to be emancipated. To become emancipated, teenagers must show that they are mature enough to handle their own affairs. They must also demonstrate that they have already been living partially or completely separate from their parents or guardians.

Continue Reading ››

 Posted on May 13, 2022 in Divorce

Divorce often follows months, years, or decades of marital breakdown. By the time a couple files for divorce, they may have pent-up resentment, anger, and hurt, making it nearly impossible for them to interact amicably. Some divorcing spouses can hardly stand to be in the same room together.

Sharing a home with your spouse during divorce can be miserable for both parties. It is also hard for children to live in a home filled with animosity. Consequently, many spouses wonder if they can force their spouse to move out or have their spouse evicted.

Motion for Exclusive Possession of the Marital Home

Living with your spouse during the divorce process can be impractical and even harmful. However, some spouses refuse to move out even if they know it is best for everyone involved. If you are getting divorced and your spouse refuses to leave your shared home, you may be able to file a motion for temporary exclusive possession of the marital residence.

Continue Reading ››

 Posted on May 09, 2022 in Family Law

Child support used to be calculated solely based on the obligor’s net income and the number of children being supported. For example, a parent supporting one child paid 20 percent of his or her income in child support and a parent with two children put 28 percent of his or her income toward child support. However, Illinois has since modernized the child support calculation method to include the income of the both parents.

Typically, a parent’s actual income is used to calculate child support. However, there are situations in which the court may use a parent’s “imputed income” to determine the child support obligation.

What is Imputed Income?

The majority of child support orders are calculated using the parents’ actual income. The amount that a parent pays is based on his or her share of the parents’ combined income. If one parent makes $30,000 a year and the other parent makes $70,000 a year, the parents have an annual combined income of $100,000. The parent who makes $30,000 would be responsible for 30 percent of the basic support obligation. However, if the court feels that a parent is intentionally earning less than he or she is capable of earning, the court may use the parent’s imputed income instead of his or her actual income.

Continue Reading ››

 Posted on May 04, 2022 in Family Law

As you may already know, Illinois laws are frequently updated and modified. Some of the biggest changes to Illinois divorce and family law took place in 2016. The language used to describe child custody matters was just the start of the changes. Legislators also modernized the way courts handled child custody and divorce issues, prioritizing the involvement of both parents in a child's life.

If you are getting divorced or are unmarred and share a child with an ex, you may have questions about how to get sole custody. How does sole custody work? Can a father get sole custody? Are mothers granted sole custody by default? These are complicated questions, and the answers vary case by case. The best way to get advice specific to your situation is to work with a skilled family law attorney. Read on to learn more about how Illinois law currently handles custody matters.

Sole Custody Versus Joint Custody in Illinois

Continue Reading ››

 Posted on April 26, 2022 in Divorce

When a marriage breaks down, it can be hard to know what to do. Getting divorced is an irreversible action that will likely influence both spouses’ lives profoundly. Spouses contemplating divorce may be hesitant to file for divorce if they are not completely sure it is the right choice. The situation becomes more complicated if a spouse is involved in an unhappy marriage, but religion, culture, or personal beliefs prohibit divorce. Legal separation is an alternative to divorce you may want to explore if you are in a situation like this.

Legal Separation in Illinois

It is important to note that being legally separated involves much more than simply living in different homes. You and your spouse may decide to separate physically to provide some space while you decide what to do next. However, if you want to get legally separated, you will need to file a Petition for Legal Separation and address many of the same concerns that you would address during divorce. During the legal separation process, you will need to address:

Continue Reading ››