Posted on October 17, 2023 in Divorce

Divorce can be a financially grueling process. Unfortunately, some spouses resort to dissipating assets for one reason or another. Dissipation of assets refers to the intentional waste, depletion, or reckless spending of marital property during divorce proceedings. If you are getting divorced and believe your spouse is dissipating assets, contact a lawyer to ensure the unfair and unnecessary practice of dissipating assets is recognized and dealt with in a legally appropriate manner.

Financial Motives

In Illinois, one of the primary reasons spouses dissipate assets is for financial gain. By depleting marital funds or hiding assets, a spouse may seek to secure a larger share of the remaining assets during property division. This greedy act of self-interest can be driven by a desire to gain a financial advantage or to punish the other spouse. It is crucial to note that these actions are not only unethical but can also have serious legal consequences.

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 Posted on September 14, 2023 in Divorce

Divorce can be a challenging and emotionally straining process, particularly when the people divorcing have children together. However, uncontested divorces have the potential to facilitate a smoother transition and help establish successful co-parenting dynamics post-divorce. Suppose you are a parent getting divorced and are looking to ensure you and your spouse can maintain a respectable co-parenting relationship once your divorce is complete. In that case, an uncontested divorce may be a logical step in making that goal a reality. Contact a lawyer to get the uncontested divorce process started.

Reduced Conflict and Enhanced Communication

Uncontested divorces involve couples who are able to reach agreements and resolve issues without litigation or intense courtroom battles. This approach often leads to reduced conflict and more effective communication between parents. Parents can establish a foundation of mutual respect and cooperation by working together to create important post-divorce documents such as a parenting plan and other co-parenting arrangements. It is through this foundation that parents can actively engage in the decision-making process regarding their children’s lives, taking into account the unique needs and preferences of their children. This allows parents to tailor custody arrangements, visitation schedules, and other aspects of co-parenting to ensure the well-being and stability of the children. 

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 Posted on August 28, 2023 in Divorce

For self-employed business owners, getting a divorce can be a challenging experience, especially concerning what will happen to your business due to the divorce. Apart from the emotional aspects of the divorce, the division of assets and liabilities, including the valuation of the business, adds another layer of complexity. Today, we will examine key considerations for self-employed business owners getting a divorce and discuss the best approaches to valuing their business. For small business owners getting a divorce, obtain the legal counsel of an experienced divorce lawyer to ensure you can make as informed a decision as possible regarding the future of your business.

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 Posted on July 27, 2023 in Divorce

Divorce proceedings involving a shared business can be complex, requiring careful consideration of the best course of action regarding the division of business assets. In Illinois, divorcing couples have various options to consider when it comes to the business, including pursuing full ownership, maintaining joint ownership, pursuing joint ownership, or selling the business entirely. Today, we will examine these three potential options for dividing business assets in an Illinois divorce. If a business is relevant to your case, discuss your options with your attorney regarding how best to divide this valuable asset.

Pursuing Full Ownership of the Business

In some cases, one spouse may be interested in continuing the business independently. This option may entail buying out the other spouse’s share of the business. To pursue full ownership, the spouse must negotiate a fair business valuation and determine the buyout terms. This can involve financial arrangements, such as cash payments, installment payments, or offsetting the value with other marital assets. Acquiring full ownership allows the spouse to maintain control over the business and make independent decisions.

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 Posted on June 15, 2023 in Child Support

In cases of divorce or separation, it is important to ensure children’s financial stability and welfare, and child support plays a critical role in this. In Illinois, the duration of child support payments is determined by state laws and depends on various factors. This blog post will delve into the Illinois guidelines and factors related to child support.

Establishing Child Support

When a court determines child support obligations, it considers several factors, such as the child’s needs, the income of both parents and the allocation of parental responsibilities. When determining child support in Illinois, both parents’ incomes are considered, known as the income shares model.

Duration of Child Support

Child support usually ends when the child turns 18 in Illinois.. However, some exceptions increase the length of child support.:

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 Posted on May 03, 2023 in Child Custody

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) was enacted by the United States government in 1997. It has been adopted by all 50 states, as well as the District of Columbia, Puerto Rico, and the U.S. Virgin Islands. The purpose of the law is to regulate interstate child custody disputes, providing a uniform set of rules that are applied in custody cases that involve parents living in different states. The law ensures that the best interest of the child doctrine if always prioritized.

Determining Jurisdiction

There are a number of scenarios that can arise in child custody (referred to as the allocation of parental responsibilities in Illinois) cases – either when parents go to court for the original order or later on if one or both parents are seeking a modification to the current order – where parents live in different states. Since each state sets its own specific child custody laws, parents living in different states could be problematic in trying to determine which state’s laws should apply.

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 Posted on April 14, 2023 in Divorce

At one time, when a couple divorced, it was almost a given that the husband would be ordered to pay the wife alimony, now commonly referred to as spousal maintenance or spousal support. Over the past several decades, as societal roles have changed and women have become financially independent, spousal support is much less common than it used to be. There are also divorces where the wife is ordered to pay the husband support.

Although it is not as common, there are circumstances where the court will order one spouse to pay the other support. The following is a brief overview of how spousal maintenance works in Illinois divorces.

Types of Spousal Support

The court will order spousal support payments based on the specific needs of the spouse who will be receiving the payments, as well as the income of the spouse who will be paying. In Illinois, there are five different types of spousal maintenance that the court could order:

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 Posted on March 16, 2023 in Divorce

While the overall rate of divorce has declined over the past several years, the rate of gray divorces has increased. Gray divorces are those that involve couples who are 50 years of age or older. Gray divorces have some unique issues that often need to be addressed that divorces involving younger spouses typically do not. One of those important issues is health insurance. What options does a person who has always been on their spouse’s health insurance have when they are divorcing later in life, especially given the high price of health insurance for older people and how might this issue affect negotiations when it comes to the division of assets?

Why You Need Health Insurance

Given the high prices of medical care, everyone should have health insurance. All it takes is one serious illness or injury and the person can be facing overwhelming medical debt that can have a significant impact on their finances and may even lead to the need to file for bankruptcy.

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 Posted on February 06, 2023 in Family Law

A prenup, also known as a premarital agreement or prenuptial agreement, is defined as an agreement between soon-to-be spouses. This agreement allows both parties to define their rights and obligations regarding assets in the event of a death or divorce. In the state of Illinois, a prenuptial agreement must be in writing and signed, with a sober and clear mindset, by both parties. 

In the case where a prenuptial agreement violates Illinois law due to fraud, coercion, lack of knowledge, or any unconscionable provisions, then the agreement is not enforceable. If you want to set up a prenuptial agreement, it is important to get advice from an experienced Illinois divorce attorney, with their help you protect your assets and negotiate a fair agreement for both parties. 

What Will a Prenuptial Agreement Cover?

Here are some things to expect to cover within a prenup: 

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 Posted on January 11, 2023 in Child Custody

What is a putative father? A putative father is someone believed to be the biological father of a child that was born out of wedlock. Because the couple is not married, legally the man is not the child’s father and the mother can put the child up for adoption without his permission. If the mother decides to keep the child, the man can choose to have no role in their life and therefore does not have to pay child support, but also is not allowed to have any say in how the mother chooses to raise the child. However, if the father decides he wants a say in the child's life or in the adoption process, some steps must be taken to legally become known as the child's father. 

Putative Father Registry 

The first step is to register with the Putative Father Registry. This must be done on time and if it is not, it could potentially cause the loss of parental rights altogether. When the child is born, hospitals offer Voluntary Acknowledgement of Paternity forms. However, if the father is not present at the birth he must register in the Putative Father Registry within thirty days of the child’s birth. The registration form will ask him to provide personal information such as his name, current address, social security number, and date of birth, as well as information about the mother and child. 

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