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.

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 Posted on June 08, 2022 in Family Law

In 2022, child support is calculated based on both of the parents’ net incomes. If the parents have a relatively equal amount of parenting time, the child support obligation is modified accordingly. Read on to learn more about how child support is calculated if parents share custody 50/50.

Parenting Time and Shared Parenting Scenarios

Physical custody of a child is now referred to as parenting time in Illinois, but the term custody is still used in informal settings. Divorcing parents are permitted and encouraged to develop a parenting time schedule that works for them. For example, in some families, one parent has the children on weekends and the other on weekdays. In other families, children stay with one parent the first and third weeks of the month and the other parent on the second and forth weeks of the month.

A shared parenting arrangement occurs when both parents have the children more than 40 percent of the time. This works out to 146 overnight visits a year. If you and your child’s other parent have 50/50 or near 50/50 custody, this is considered a shared parenting arrangement. It is important for you to understand how shared parenting arrangements influence child support obligations.

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 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.

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 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.

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 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.

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 Posted on May 26, 2022 in Divorce

As high schools finish up their spring semesters, many young people have their sights set on college. As a parent, the prospect of your child attending university can be both exciting and nerve-racking. College gets more and more expensive with each passing year. Average tuition and fees for public schools currently averages over $10,000 for in-state schools and nearly $23,000 for out-of-state schools. Private schools are even more expensive, with an average annual tuition of approximately $38,000.

If you are divorced and your child is nearing college age, it is important to understand how Illinois law handles the division of college tuition and related expenses between divorced parents.

Divorced Parents May Be Required to Contribute to College Costs

Many divorced parents in Illinois are surprised to learn that the state can require parents to contribute to their child's college education. Illinois is one of the few states with this type of law on the books. While the constitutionality of the law has been called into question several times, the law still stands.

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 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

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 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.

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 Posted on May 19, 2022 in Divorce

If you were recently married, but you regret it, you may be interested in getting the marriage annulled. Annulment is commonly portrayed in movies and television shows as a quick fix for couples wanting to end their marriage. However, annulment is more complicated than movies would lead you to believe. Annulments are only available in a narrow range of circumstances in Illinois. Couples who do not meet annulment criteria will need to end their marriages through divorce.

Annulment Criteria in Illinois

Many people assume that annulment is the same thing as divorce. However, these are completely different legal actions. An annulment declares a marriage invalid and makes it as if the marriage never happened. Divorce terminates a valid marriage.

Annulment is warranted under the following conditions:

• Lack of consent – Spouses must be of sound mind and enter the marriage consensually. If either spouse was under the influence of alcohol or drugs or experienced a mental health problem that prevented them from consenting to the marriage, the marriage may be invalid.

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 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.

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