Posted on August 22, 2022 in Divorce

In Illinois, both spouses have a legal right to an equitable share of marital property. Some couples are able to negotiate the division of marital assets and debts without the court's involvement. Others take the case to trial and let the court decide an equitable division of assets.

Before spouses can divide property, they must take a full account of what they own and what they owe. Unfortunately, some divorcing spouses try to deceive their spouse and the court about the true value of their assets. Here are five signs that your spouse may be hiding assets or lying about finances during your divorce.

Red Flags to Look for During Your Divorce

The law requires spouses to provide a complete accounting of assets and income during a divorce. Failure to disclose assets or lying on a financial affidavit during divorce is unlawful and can greatly impact the divorce outcome.

Signs that a spouse plans to manipulate the divorce in his or her favor through financial deception include:

Continue Reading ››

 Posted on August 19, 2022 in Property Division

For art collectors and enthusiasts, paintings, photographs, sculptures, and other artworks may be some of the most valuable assets they own. Fine art has not only substantial financial value, it often has great personal significance. Both spouses may insist on keeping certain pieces which leads to contentious property division disputes. Furthermore, determining the value of a piece of art is not easy, and professional appraisers are often needed to value art assets during divorce. Unfortunately, some spouses may even use art as a vehicle for financial deception during a divorce. All of the factors can complicate the divorce process significantly.

Determining Ownership of Fine Art

Usually, an asset that a spouse acquires during the divorce is a marital asset. Property that a spouse owned prior to the marriage is that spouse’s property alone. Property that a spouse received in an inheritance or gift is also classified as non-marital property. Unfortunately, classifying property is rarely this cut and dry. Countless factors can complicate the process of determining what property is included in the marital estate, including the commingling of assets.

Continue Reading ››

 Posted on August 19, 2022 in Family Law

Child-related matters in a divorce are often some of the most contentious aspects of a divorce case. They are also some of the most consequential aspects of the divorce. When divorcing parents disagree about the allocation of parental responsibilities and parenting time, a guardian ad litem may be assigned to the case. The guardian ad litem evaluates the circumstances of the custody dispute, investigates both parties, interviews family members and caretakers, and makes an informed recommendation to the court about the case outcome. Working with a GAL can sometimes be uncomfortable. He or she may need to ask personal questions, investigate the parents’ homes, and interview teachers or other people important to the child’s life.

If a guardian ad litem was assigned in your divorce or child custody case, here are a few tips to help you make the most of the situation.

Continue Reading ››

 Posted on August 15, 2022 in Divorce

If you are like many people, you are not familiar with the term "divorce coach."  Divorce coaching is a relatively new service that is becoming more and more popular. Ending a marriage can take a massive toll on a person. Divorce can be so overwhelming that some divorcing individuals make mistakes or agree to unfair divorce terms just to get the process over with. A divorce coach provides emotional support and practical guidance to divorcing spouses and helps them navigate the major life changes that accompany divorce. If you are getting divorced, here are five reasons to consider working with a divorce coach.

You Need Help to Get Through this Stressful Life Experience

The Holmes-Rahe Life Stress Inventory is a scientific tool first published in the Journal of Psychosomatic Research that is used to predict stress-induced health problems. Divorce is listed as the second-most stressful life event on the inventory, just beneath death of a spouse. If you are going through a divorce, you need someone to help you manage this stress.

Continue Reading ››

 Posted on August 12, 2022 in Divorce

No one reaches the decision to divorce easily. Ending a marriage is one of the most emotionally burdensome experiences someone can go through. However, divorce is sometimes needed so that both spouses can end an unhappy marriage and move on to a better future.

If you have decided that you want a divorce but you have not yet told your spouse about your decision, you may understandably be dreading the conversation. Many people who seek a divorce still care about their spouse’s wellbeing and recognize how devastating the news may be to him or her. As you prepare to move forward with your divorce, keep the following tips in mind.

Recognize the Advantages and Disadvantages of Telling Your Spouse in Person

Some individuals only learn that their spouse is divorcing them when they are served with the divorce petition and summons. If you and your spouse are still on good terms, you may find this approach unnecessarily aggressive. There are pros and cons to telling your spouse you want a divorce before filing a petition through the court. On one hand, telling your spouse in person may help you reduce hostility and promote cooperation through the divorce process. On the other hand, if you have not yet consulted a lawyer or filed the divorce petition, this could give your spouse the chance to hide assets or take other adverse actions against you.

Continue Reading ››

 Posted on August 08, 2022 in Family Law

Parents who get divorced have seemingly countless matters to figure out. Child custody, child support, and other child-related legal issues can be complex – legally and emotionally. If you are getting divorced and you and your spouse disagree on the terms of child custody, you may understandably be feeling overwhelmed. It can be hard to know where to even begin. This blog will discuss Illinois laws regarding child custody disputes and what to do if you need help with custody concerns during your divorce.

Essentials of an Illinois Parenting Plan

The parenting plan or parenting agreement forms the foundation of any child custody arrangement. The main elements contained in the parenting plan include:

Allocation of parental responsibilities – Parents will need to determine how major decisions about their child’s life will be made. Parents may decide to make decisions about their child’s education, healthcare, religion, and other significant issues jointly or each parent may be designated specific decision-making authority. Alternatively, one parent may be given sole decision-making authority.

Continue Reading ››

 Posted on August 05, 2022 in Divorce

The American Association for Marriage and Family Therapy reports that about 15 percent of married women and 25 percent of married men admit to extramarital affairs. An even higher percentage admit to non-sexual "emotional affairs." While some marriages can survive adultery, an affair often spells the end of a marriage. If you are getting divorced because you or your spouse cheated, it is important to understand how this can affect the divorce.

Illinois Laws Regarding Marital Infidelity and Divorce

Each state has its own divorce laws. As of 2016, Illinois is a no-fault divorce state, meaning there are no fault-based grounds for divorce. When you fill out your divorce paperwork, you will cite "irreconcilable differences" as the grounds for the split. Infidelity does not automatically influence the court’s decisions regarding the division of marital property, spousal support, child custody, or other divorce issues. However, there are certain situations in which an affair can impact the divorce outcome.

Continue Reading ››

 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.

  Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››