Posted on October 06, 2021 in Domestic Violence

There are multiple types of situations where a person may need to receive protection from domestic abuse or other harmful conduct. An order of protection can be used in these cases, and it can help a person leave an abusive situation, prevent their abuser from contacting them, and put other restrictions in place. In a recent blog, we looked at when an order of protection may be appropriate. As a follow-up, we wanted to look at the types of orders that are available and the process that is followed when a person asks for these types of protections.

Types of Orders of Protection

Most of the time, a victim of domestic abuse will file a petition for an emergency order of protection. This is also known as a temporary or “ex parte” order of protection, and a person can request a hearing before a judge where they will provide reasons for why the order is necessary. The respondent to the order does not need to be present at this hearing, and they will usually be notified after the order has been issued.

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 Posted on September 28, 2021 in Order of Protection

There are many situations where one or more family members may need to receive protection from domestic abuse. While domestic violence may be a factor in divorce or child custody proceedings, it can also affect former spouses, couples who used to be in a relationship or who share a child, or people who live in the same household. Those who have been the victims of abuse or who fear for the safety of themselves or their loved ones can request an order of protection.

When Are Orders of Protection Appropriate?

A person may ask for an order of protection (which is commonly referred to as a restraining order) in cases where they or their family members have experienced domestic abuse committed by a family member or a person in their household. A person can file a petition for an order of protection for themselves or on behalf of a minor child or an adult with disabilities who is unable to file a petition on their own. These requests may be filed as part of an ongoing divorce or family law case or in a separate legal proceeding.

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 Posted on September 24, 2021 in Prenuptial & Postnuptial Agreements

When a couple is planning to get married, divorce is probably the last thing on their mind. When preparing for a life together as partners, a couple usually will not want to think about the possibility of their relationship ending. However, considering this issue can not only help a couple prepare for this unpleasant possibility, but it can also help them identify and address issues that may become a concern in their relationship in the future. After discussing these matters, a couple may find that creating a prenuptial agreement would be a good idea.

Reasons to Sign a Prenup

When creating a prenuptial agreement, or prenup, a couple will make decisions about how certain issues will be handled if their marriage ends, including through divorce, legal separation, or the death of a spouse. This can ensure that they will both have the financial resources they need in such cases, while also allowing them to minimize disputes during the divorce process. A prenup can be beneficial in many situations, including when:

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 Posted on September 20, 2021 in Property Division

There are multiple types of financial issues that can play a role in a divorce case. Determining how to divide marital property in a way that is fair while providing for the needs of both parties can be complicated enough on its own, but in some cases, additional issues may arise that can make this process even more difficult. Asset dissipation in which one spouse wastes or destroys marital property is one factor that may need to be addressed. A person who believes that their spouse has dissipated assets can work with an attorney to ensure that this issue is dealt with properly during the property division process.

Ways a Spouse May Dissipate Assets

Dissipation of assets involves the use of marital property by one spouse in a way that benefits themselves and is not related to their marriage or family. A valid dissipation claim must show that dissipation occurred while the marriage was undergoing an irretrievable breakdown. Some of the most common ways that a spouse may commit asset dissipation include:

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 Posted on September 15, 2021 in Divorce

During a divorce, spouses will often encounter multiple types of disagreements over the various issues that will need to be addressed in order to end their legal partnership. For parents, disputes related to child custody will often be some of the most contentious issues, and spouses may have completely different ideas about how to make decisions regarding their children or expectations about when children will live with each parent. By understanding how Illinois law addresses these issues, parents can determine how to reach workable solutions, or they can prepare to advocate for their rights through litigation in court.

Factors Considered in Child Custody Disputes

Parents are usually encouraged to work together to resolve issues related to their children and create a parenting plan that details how they will share parental responsibilities and parenting time. Parents can make sure they are approaching these negotiations the right way by understanding the factors that courts may consider when making decisions about child-related issues. This can also give them an understanding of what issues a judge may look at if negotiations break down and litigation will be required to resolve these matters.

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 Posted on September 10, 2021 in Property Division

Getting a divorce can be a stressful experience, especially if you feel like your life is being completely upended as you separate from your spouse. As you determine how to divide your marital property and address other financial matters, one issue that will need to be resolved is ownership of your family home. Being attached to the home where you have lived is understandable, and you may wish to continue living there after completing your divorce. However, you will want to be sure to understand the ramifications of this decision and make sure you will be positioned for financial success as you move on following the end of your marriage.

Reasons to Keep the Family Home

Maintaining ownership of your home may seem like the ideal outcome in your divorce, especially if you have lived there for a significant time, built connections with others in your community, and want your children to continue to live in the home they have become accustomed to. After spending years making mortgage payments and building equity in your home, you may not want to give up this valuable asset, especially if you have made improvements and put your own personal touch on the property.

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 Posted on September 07, 2021 in Divorce

There are a variety of tax issues that spouses will need to consider when they get a divorce. When parents are divorced or separated, a child can only be claimed as a dependent by one party. In many cases, the custodial parent who has the majority of the parenting time will be able to claim a child, although a couple’s divorce settlement may provide for other arrangements, such as each parent claiming a child in alternating years. The parent who claims a child as a dependent can receive a child tax credit when filing their tax return.

In 2021, this issue has been complicated by a law that provides parents with an Advance Child Tax Credit. Divorced parents or those who are going through the divorce process will need to be sure these tax credits are addressed correctly.

What Is the Advance Child Tax Credit?

As part of the ongoing efforts to provide assistance to people who have been affected by the COVID-19 pandemic, the federal government has begun making advance payments to taxpayers who will be able to claim a child tax credit for 2021. The total tax credit for children who will be five years old or younger at the end of 2021 is $3,600, and children who will be 17 or younger at the end of 2021 will qualify for a tax credit of $3,000. Half of this total credit is being sent to those who can claim children as dependents in monthly payments from July through December of 2021. Parents will receive $300 per month for each child under the age of six and $250 per month for each child under the age of 18.

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 Posted on August 31, 2021 in Divorce

Marriages can break down for a variety of reasons, but infidelity is one of the most painful and emotionally difficult issues that can lead to divorce. If your marriage is ending because either you or your spouse were unfaithful, you will probably be wondering how this will affect your divorce proceedings. Whether you are struggling to come to terms with your spouse’s infidelity or you are concerned about whether your own behavior during your marriage will play a role in your divorce, you will want to understand how Illinois law applies in your situation.

Addressing Infidelity When Filing for Divorce or Resolving Disputes

Even though the wounds of your broken marriage may still be raw, it is important to understand that the legal process of divorce is not focused on assigning blame for the end of a relationship. When filing for divorce in Illinois, the petitioning spouse will not specify any fault-based grounds for divorce, and they will not give specific reasons for their desire to dissolve the marriage. Instead, a divorce petition will state that irreconcilable differences have led to the irretrievable breakdown of the marriage. This will allow you and your spouse to approach your divorce on equal terms without any disputes over who was at fault.

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 Posted on August 25, 2021 in Alimony / Maintenance

There are a variety of reasons why either spouse may wish to modify the terms of their divorce. Both parties may experience changes in their lives that affect their finances, their living arrangements, and their ability to meet their ongoing obligations or provide for themselves. Based on these changes, a person may believe that the decisions made about spousal support during the divorce process no longer apply to their situation. If a person believes that a modification of spousal maintenance is needed, they will want to understand their options and the procedures that will be followed.

Requesting a Modification of Spousal Maintenance

As with other types of post-divorce modifications, requests to make changes to spousal support obligations will need to be based on significant changes in the circumstances of either or both parties. These requests will usually be based on changes to the income and financial resources available to the parties. For example, if a person paying support loses their job, they may ask for maintenance payments to be reduced or terminated. Similarly, if the person receiving support experiences a decrease in income or an increase in their financial needs, they may ask that support payments be increased.

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 Posted on August 23, 2021 in High Asset Divorce

During a couple's divorce, all aspects of their finances should be considered to ensure that their marital property can be divided fairly and equitably. When a spouse is a business owner, this process can become very complex. In some cases, a person may attempt to use a business to hide assets in hopes that they can keep money or property for themself and avoid dividing these assets with their spouse. When one spouse owns and operates a business, the other spouse can work with an attorney to identify any assets that have been concealed and ensure that all of their marital property is considered during the divorce process.

Methods of Hiding Assets Through a Business

A business owner may come up with a variety of ways to conceal money from their spouse as a way to gain a financial advantage during and after their divorce. These include:

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