Posted on June 13,2024 in Divorce

Divorce interrogatories are often a part of the discovery process. Discovery is a legal tool that allows each party to the divorce to gain information from the other regarding marital finances, assets, liabilities, and any other relevant divorce matters. The discovery process can feel invasive and can be stressful, but it serves an important purpose.

 Discovery is meant to provide transparency to both parties, which is crucial when dividing assets and determining spousal maintenance, child support, and more. The discovery process also allows the attorneys on both sides to build a solid case for their client. Discovery methods may include:

• Interrogatories
• Depositions
• Requests for specific documents

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 Posted on June 11,2024 in Division of Property

One of the more complex parts of the divorce process in Illinois is property division, where the spouses divide their marital property. Illinois law defines marital property as assets that were acquired by either spouse during the marriage. These assets — with some exceptions — belong to both spouses and are divided in a divorce.

But the more assets there are and the higher their value, the higher the chance they will be squandered in the divorce. This article will discuss what a dissipation of assets claim is and how a spouse can recover lost assets. Keep in mind that having a skilled Illinois divorce attorney handle your divorce is a great way to avoid losing assets in the first place.

What Is Dissipation of Assets?

Dissipation of assets means that one spouse has wasted money or assets belonging to both spouses by spending them on things unrelated to the marriage. This most commonly happens by:

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 Posted on June 06,2024 in Divorce

Divorce is an extremely difficult decision to make. Ending a marriage has a wide range of consequences that impact many people around you. Children, relatives, and even pets are emotionally and psychologically affected by divorce. Many spouses who dissolve their marriages are also financially impacted by the decision. For some people, deciding to get divorced is difficult for religious reasons.

Many partners, therefore, are hesitant to call an Illinois divorce attorney about untying the knot. Some want to get divorced, but they are not sure it is the right thing to do. Others feel it is the right thing to do but do not want to get divorced.

Here are three signs — called “the three As” — that it might be time to speak to a lawyer about getting divorced.

Abuse

There are many different forms of abuse. These include:

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 Posted on May 30,2024 in Child Custody

It is common for parents who are going through a divorce in Illinois to disagree on issues in the divorce process. When these issues involve a child, a judge might appoint a guardian ad litem. Guardian ad litem is Latin for “guardian for the lawsuit,” and it is the guardian ad litem’s job to represent the child’s interests during the divorce process.

A guardian ad litem is an attorney who has received guardian child advocacy training and certification. This means that he or she is uniquely qualified to represent a child in court. A guardian ad litem can be extremely helpful in situations where parents disagree and it is hard for a judge to know what would be best for the child.

What Does a Guardian Ad Litem Do?

Once appointed, a guardian ad litem will do some or all of the following things:

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 Posted on May 28,2024 in Division of Property

In Illinois, assets that are gained by either spouse during a marriage are considered marital property. When a couple gets divorced, both spouses are entitled to a share of the marital property, with some exceptions. During the divorce process, a court will review the marital assets and divide them between the parties. This procedure is called asset division or property division. Once the divorce decree is finalized, asset division is permanent.

But what can you do if you feel the court made an error when dividing the assets? Consulting with a qualified divorce attorney would be the best course of action. Here is some information about appealing a court’s judgment on asset division.

Can I Appeal a Court Judgement on Asset Division?

You can appeal a court’s decision on asset division just like you can appeal any other court judgment. If you feel the judge made the wrong call, you can ask another court to review the decision. However, appealing on the basis of “fairness” might not get you the result you want. There are valid grounds for appealing a court decision, including:

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 Posted on May 26,2024 in Divorce

Getting divorced in Illinois is challenging enough. Getting fired during your divorce is an incredible hardship.

Luckily, some courts understand that. If you lose your job during a divorce, contact your divorce attorney. He or she will explain how your job loss may be able to earn you some reprieve in other areas of the divorce process. This article will discuss some of those areas, such as:

• Spousal support

• Child support

• Debt division

However, keep in mind that if you want a court to be sympathetic to your job loss, you will need to explain why it happened.

Why Does the Court Care Why I Got Fired?

The court cares why you lost your job because it wants to know if you could have avoided it. Some spouses going through a divorce want to quit their jobs or get themselves fired so they can avoid having to pay child or spousal support. This strategy does not find sympathy in the eyes of the courts. Someone who genuinely lost a job and could not help it, however — such as a person who was let go in a mass layoff — might receive some compassion from a court.

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 Posted on May 20,2024 in Marital Property

When a couple gets divorced in Illinois, both spouses are entitled to marital property. Marital property refers to assets that were acquired during the marriage by either spouse, with some exceptions:

• Inheritances

• Gifts exclusively for one spouse

• Property that was acquired by using non-marital assets as collateral

During a divorce, marital property must be distributed between the spouses equally. Sometimes, a spouse tries to hide his or her assets so that they are not divided with the other party. It is illegal to hide assets during a divorce, but hidden assets are sometimes hard to find. An experienced Illinois hidden asset attorney, however, will know what to look for.

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 Posted on May 08,2024 in Divorce

Illinois is a no-fault divorce state, which means that spouses who want to get divorced do not need to show that someone is to blame for the divorce. A court only needs to know that there are “irreconcilable differences” such that the marriage cannot survive.

Unlike some other states, Illinois divorce law does not generally care whether a spouse engaged in marital misconduct. Courts are not allowed to take such misbehavior into account when:

• Deciding how assets should be divided

• Making decisions about family maintenance, including spousal support and child support

There are certain cases, however, in which marital misconduct can impact a divorce. An Illinois divorce attorney can help you understand how your specific divorce might be affected.

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 Posted on May 03,2024 in Paternity

When a woman gives birth in Illinois, her husband is automatically considered the legal father. This is also the case if:

• The parents divorced less than 300 days before or after the birth.

• The parents entered into any other kind of legal relationship, such as a civil union, within 300 days of the birth.

If the parents do not enter a legal relationship, however, then the law does not assume that anyone is the father. In this case, the father must declare his fatherhood and, in some cases, prove it. This is called establishing paternity.

However, if the father does not want to establish paternity, the mother can take certain steps to force paternity to be established.

This article will discuss why establishing paternity is important and how it can be done without the father’s consent. If you want to establish paternity, consult with a qualified Illinois paternity lawyer who can help you through the process.

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 Posted on April 30,2024 in Child Abuse

In some high-conflict divorces, one spouse tries to harm the other spouse with false allegations of abuse. He or she accuses the other spouse of engaging in physical, emotional, or sexual abuse against an adult or child. These allegations can affect the accused spouse in severe ways. For example:

• It can cost him or her child custody.

• He or she can receive prison time.

• He or she can be burdened with a criminal record.

Law enforcement and the Illinois Department of Child and Family Services (DCFS) are required to take every accusation seriously. If a report is made against you, an investigation will be opened. As soon as you think you are the victim of a false report of abuse, contact an Illinois divorce attorney who can help you begin crafting your defense.

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