Posted on June 25, 2021 in Property Division

When two people are married, most of the assets they acquire throughout the course of their marriage are considered marital property. During a divorce, a court will determine whether certain assets are considered marital or non-marital.

If an asset is determined not to be marital property, the court has no legal authority to award part of the asset to the non-owner spouse in a divorce. Generally, assets acquired by inheritance, gift, legacy, or descent are not considered marital property in Illinois, but the way an asset is treated after the inheritance may render it marital property.

What is an Inheritance?

Inheritances are monies, properties, or other assets that are given to someone through an estate planning document, like a will, or through intestate succession. If someone inherits an asset while they are married, it is generally considered non-marital property, as long as it is possible to prove that the asset was specifically given to the recipient by the deceased.

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 Posted on June 21, 2021 in Child Custody

Even after a divorce, it is important for parents to maintain their relationships with their children. This usually means that there is still contact with the other parent–even if it is hostile in nature. Sometimes, the relationship between former spouses is so hostile that one spouse will attempt to turn a child against the other spouse in an effort to retaliate against them or get revenge.

In addition to being extremely damaging to the psychological well-being of a child, parental alienation is painful and confusing for the parent towards whom the alienating behavior is directed. A previously happy and content child may suddenly become withdrawn or angry and begin repeating ugly language they learned from the alienating parent.

Although Illinois law conspicuously rejects the term “parental alienation syndrome,” due to its lack of specificity, the law instead has a host of procedures and statutes to inhibit what might be considered parental alienation.

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 Posted on June 10, 2021 in Child Support

Child support can be difficult to negotiate for parents who are no longer in a relationship. Even after a child support plan is put in place, the parent who is responsible for paying child support may purposely or accidentally halt payments. Regardless of the reason for stopping child support payments, the receiving parent and child(ren) are put in a difficult situation when they cannot get the financial support they need. If the paying parent has stopped making payments, you have options to get the child support you need.

Work Directly With the Paying Parent

Try to work things out with the delinquent co-parent. Do not seek to withhold parenting time from the spouse who is delinquent on payments, or otherwise seek revenge. Even if there is an enforceable court order, co-parents may be able to work something out together. If it does come to a court battle, do not jeopardize your case by neglecting your responsibilities under the child visitation order.

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 Posted on June 04, 2021 in Child Support

Parental financial support doesn’t necessarily end when a child turns 18. Although college may not be an option every child pursues, if a child does decide to go to college, divorced and unmarried parents could be responsible under Illinois law for sharing the expense of their child’s continued education. This is considered “non-minor support,” and the law in this regard is complex and less developed than child support for minor children. Typically, college expenses are addressed in a divorce agreement (or parenting agreement, for non-married parents), but as the expenses and expectations of college change rapidly, such an agreement is often left until the child reaches college age.

Considerations in an Order for College-Related Expenses

Here are some of the factors a court will take into account when deciding how parents should contribute to a child’s educational expenses:

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 Posted on May 28, 2021 in Divorce and Finances

When going through a divorce, you may not have future consequences at the top of your list of priorities. Many people either forget about the long-term consequences of divorce or ignore them. Either way, not considering the long-term impact of your decisions can cause more stress in the long run. The downfall for many people going through a divorce occurs during the asset division process. You may be focused on your assets and fighting to get what you believe you deserve in the moment, but it is also necessary to understand the long-term effects of your decisions, including the implications for your taxes after divorce.

Things to Keep in Mind About Taxes During Divorce

When it comes to dividing your property and debts, taxes should also be a part of the equation. Even if tax issues are not an immediate concern, they can impact your overall financial health in the long run. When you go through the asset division process, here are a few things you should take into consideration concerning your tax situation:

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 Posted on May 26, 2021 in Property Division

When you are going through a divorce, it can feel like the list of things you have to do is neverending. There are dozens of issues that must be addressed before you can finalize your divorce, and resolving them often takes some time. The day you are finally able to sign your name on the dotted line is the day that you can officially say you are divorced—a sigh of relief for many. But what happens when you suddenly remember something that was left out of the divorce agreement? Can you go back and amend your agreement, even if it has already been finalized? It can be difficult to amend a divorce agreement, but it is not impossible with the help of a knowledgeable Illinois divorce lawyer.

Modifying Your Divorce Settlement Through Agreement

The court will not allow certain major issues to go unresolved before a divorce is finalized. These issues include the division of marital property, orders for child support and spousal support, and the allocation of parenting time and parental responsibilities. However, there may be smaller details that slip through the cracks, perhaps regarding the specifics of your parenting plan. The easiest and most peaceful way to address these issues is to discuss them with your ex-spouse so you can come to an agreement. Just like during the divorce process, coming to a mutual agreement can be much more efficient than fighting a contested battle in court and leaving the decision up to the judge.

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 Posted on May 19, 2021 in Divorce and Finances

Your marital status does not directly affect your credit score. However, that does not mean that it cannot affect it indirectly. It is not uncommon for a person to notice a difference in their credit score during and after a divorce because of all of the financial changes that this process brings. Having a decent credit score is important for a variety of reasons. Your credit score is how lenders determine whether or not they will do business with you. If your credit score takes a hit, you could have difficulty purchasing a vehicle or home, renting a place to live, or opening any other type of line of credit. Protecting your credit score should be a priority at any time, but especially during your divorce.

Steps to Take to Protect Your Credit

If you are planning to file for divorce, it is important that you pay attention to your finances. Your entire life is changing, and it is easy for something to slip through the cracks and harm your credit score. Here are a few things you can do to help protect your credit score during your divorce:

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 Posted on May 12, 2021 in High Asset Divorce

Sometimes, things just do not work out the way that you planned, and the only thing you can do is to find a way to remedy the situation. When a marriage does not work out, divorce is usually the result. Divorce can happen to anyone, no matter your age, educational attainment, or socioeconomic status. However, couples who have a high net worth often experience different issues and difficulties that other couples may not face. Getting a divorce when you have a high net worth can be demanding and stressful. Having a clear understanding of the divorce process as a high-net-worth individual can help decrease some of the unknowns that any divorce can bring.

Important Issues in a High-Asset Divorce

While the general elements of a divorce resolution are the same for couples with a high net worth, the presence of substantial assets can complicate them. Here are some issues you are likely to encounter.

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 Posted on May 05, 2021 in Order of Protection

Nobody ever thinks that they will become a victim of domestic violence until it happens to them. Unfortunately, domestic violence happens much more frequently than you may expect. According to the National Coalition Against Domestic Violence, more than 10 million people in the United States are victims of domestic violence each year. In 2019, there were 193,800 domestic violence calls made to the Chicago Police Department alone, along with 24,400 calls made to the Illinois Domestic Violence Hotline, according to data from The Network: Advocating Against Domestic Violence, an organization dedicated to helping victims of domestic abuse. Many victims of domestic violence never seek help, but the ones who do have options available to keep themselves and their families safe. One widely used method is petitioning for an order of protection from the abuser.

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 Posted on April 28, 2021 in Prenuptial & Postnuptial Agreements

A prenuptial agreement (prenup) is a premarital contract regarding a couple’s property and assets, including how they will be handled in the event of a divorce. To be legally enforceable in our state, a prenuptial agreement must conform to the legal requirements contained in the Illinois Uniform Premarital Agreement Act. Even a seemingly small error could render a premarital agreement unenforceable. Here, our family law attorneys highlight four of the most common reasons why prenups are deemed invalid in Illinois.

No Formalized, Written Agreement

In some circumstances, you do not necessarily need a written agreement to have a valid contract. An oral contract is sometimes enforceable in Illinois. However, an informal or oral prenuptial agreement is never valid in Illinois. Under state law, a prenup must be “in writing and signed by both parties.” An informal pre-marriage “deal” is simply not enforceable. Only written and formalized prenuptial agreements will be enforced by state courts.

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