Posted on October 24, 2022 in Divorce

According to the most recent estimates, there are approximately 5.5 million family businesses currently operating in the United States. Running a family business can be a rewarding experience, but it can also be a challenging one. If you and your spouse co-own a business together and are considering ending your marriage, there are some important things to keep in mind. You will need to plan your divorce carefully to protect your business interests and avoid any potential disputes down the road.

Valuing the Business is Often the First Step

If you and your spouse co-own a business, the first thing you need to do is determine how you will value the business for the purpose of property division. This can be a complex process, as businesses are often worth much more than their physical assets.  You will need to consider the value of the business's goodwill, any intellectual property it may have, and its current and future earning potential.

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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 13, 2022 in Divorce

Contested divorce cases often become contentious. Disputes may arise regarding the division of property and debt, the allocation of parental responsibilities and parenting time, spousal maintenance, child support, and other issues. In some situations, depositions are used to gather information and evidence relevant to the disputed issues. If you are getting divorced, it is important for you to understand how and when depositions may be used in your case.

What is a Deposition?

Depositions are interviews that take place under oath. In a divorce deposition, each spouse and his or her respective attorney answer questions pertinent to the divorce case. Most depositions are conducted in person, but some take place over phone or video conferencing.

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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 06, 2022 in Divorce

Child support obligations in Illinois are based on both parents’ net incomes. For many payers, or "obligors," child support payments represent a major monthly expense. If someone is already making child support payments to an ex, he or she may worry about how he or she will afford additional child support payments. People in this situation are usually filled with questions. If a parent has children with multiple partners, does he or she pay child support to every partner? How much does he or she pay? These questions can cause great concern for both payers and recipients of child support in Illinois.

Read on to learn how Illinois courts handle child support when someone has multiple families and what you can do if you need help establishing, changing, or enforcing a child support order.

How is Child Support Usually Calculated?

As of July 1, 2017, Illinois uses the Income Shares formula to calculate child support. The parent with less parenting time is responsible for paying child support to the parent with more parenting time. The amount he or she pays is determined by a formula that uses both parents’ net incomes. The basic steps of the Income Shares calculation are as follows:

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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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 Posted on September 26, 2022 in Child Support

In Illinois, both parents have a legal responsibility to provide financial support to a child. The parent with the greater amount of parenting time, or time spent with the child, is the parent who receives child support. The parent with less parenting time is responsible for making child support payments. Child support payors or "obligors" may be men or women. However, statistics show that about 85 percent of the people who pay child support are men.

Many people have questions about how and when a father is required to pay child support. For example, does a father have to pay child support if he never sees his child? Can a father surrender his parental rights? Can a father avoid paying child support by refusing to sign the birth certificate?

Parentage and Paternity in Illinois

In order to understand how child support works, it is important to first understand the concept of "parentage." Parentage is defined as the legal relationship between a child and his or her parents. Once parentage is established, parents have certain rights and responsibilities towards their child. Parentage involving fathers is called paternity.

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 Posted on September 23, 2022 in Divorce

All divorcing couples are required by law to fully and frankly disclose all of their assets (and income, expenses, and debt). Sadly, though, it appears that some individuals simply cannot resist the temptation to steal or lie in order to retain at least a piece of those riches for themselves.

If you suspect hidden assets in your divorce, you may want to work with an attorney experienced in forensic accounting.

Red Flags for Hidden Assets

Financial red flags might be simple to identify. There is a long list of questionable actions your spouse might take, but here are a few:

• Being extremely controlling with money matters, possibly limiting your access to accounts or statements

• Refusing to explain transactions to you or conducting opaque business

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 Posted on September 22, 2022 in Divorce

Unfortunately, life is unpredictable and rarely works out according to plan. If you are pregnant and considering divorce, you probably never expected to be in this position. You may be unsure of whether divorce is the right option or even possible in this situation.

There is no one-size-fits-all answer to this question, as every pregnancy and divorce is unique. However, it is generally possible to get divorced while pregnant in Illinois. Whether or not it is the best option for you, however, depends on your individual circumstances.

Divorce Requirements in Illinois

There is no law preventing a spouse from getting divorced while pregnant. If you or your spouse is currently expecting, you will need to meet the same divorce requirements as any other couple. In Illinois, there is only one "ground" or legal justification for divorce: irreconcilable differences. If both spouses agree that there are irreconcilable differences and the marriage is unsalvagable, there is no mandatory waiting period before they can divorce. If one of the spouses disagrees that there are irreconcilable differences, the spouses can live separately for six months to meet the "irreconcilable differences" standard and proceed with the divorce. Furthermore, at least one spouse must have lived in Illinois for at least 90 days for the couple to qualify for a divorce.

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