124 S. County Farm Rd., Suite B1, Wheaton, IL 60187
630-358-9029
Recent Blog Posts
What Happens During Divorce Litigation?
Litigating a divorce can be a difficult process. Today, it is generally used only as a last resort if all attempts at negotiation or mediation have failed. Of course, there are some cases where attempting to resolve the divorce out of court does not make sense, such as if one spouse is refusing to cooperate with the divorce or has abused you. Some divorces involving high-value marital assets are also very likely to be resolved through litigation because there is so much at stake.
If you expect to go to court for a contested divorce, you may be quite nervous. Knowing what to expect during litigation can help keep you feeling calm and prepared. It is critical that you are represented by an aggressive and experienced attorney during a contested divorce. Hensley Sendek Law offers top-quality representation in and out of court.
What to Expect in a Contested Divorce
When you go to divorce litigation, you are asking the court to make decisions about each issue in your divorce case. Rather than reaching an agreement, you and your spouse will each try to prove to the court that issues should be resolved in your favor. Hearings will be held. These hearings work like trials. Your attorneys will be able to introduce evidence and call witnesses.
Tips for Divorcing a Mentally Ill Spouse
Being married to someone with a mental illness can be difficult. Certainly, people with mental illness can enjoy long and successful marriages if they are receiving the appropriate treatment. A combination of medication and therapy can help a person with mental illness become a good spouse, a good parent, and a good provider. However, if your spouse is not adequately addressing their mental health issues and they are affecting your relationship, a divorce may be in order.
Getting a mentally ill spouse to cooperate with divorce proceedings can be a challenge. They may resist divorce, particularly if they are dependent on you. It is important to be represented by an experienced attorney who can help you navigate the twists and turns your case may take
Helpful Advice for Ending Your Marriage to a Person With Mental Illness
When you have made the decision to divorce your mentally ill spouse, you can expect some unique challenges. You know your spouse and how their mental illness affects their behavior better than anyone, so you may already know how your spouse is likely to handle being served with divorce papers. Other tips include:
Who Can Receive Spousal Support in Illinois?
If you rely on your spouse for financial support, divorce can be particularly stressful. Especially if you have been out of the workforce for some time or sacrificed a potential career to devote yourself to homemaking, you may be worried about how you will support yourself after getting a divorce. In Illinois, if you were financially dependent on your spouse you may be eligible to receive spousal maintenance payments, commonly called “alimony.” This is in addition to any child support you may also be entitled to receive.
The goal of spousal maintenance is to allow you to get the divorce you need without fear of extreme financial difficulty. If financial concerns are stopping you from pursuing a divorce, our lawyers may be able to help you get the support you need to begin a new life.
When Will Illinois Courts Order Spousal Maintenance?
There are very few hard-and-fast rules when it comes to a court’s decision to award spousal maintenance. Rather, there are a number of factors the court will consider when deciding whether alimony is appropriate in your case. These factors include:
Achieving an Uncontested Divorce Despite Conflict
You may think that uncontested divorce is only for amicable divorce situations, but this is not true at all. An uncontested divorce can be possible even if you and your spouse cannot stand to be around each other. You do not need to be on friendly or even speaking terms to avoid actual litigation during your divorce proceedings. There are many methods attorneys may use to facilitate a divorce settlement without going to court, some of which do not require you to speak to or see your ex at all.
Filing an uncontested divorce can save you quite a bit of time and money, as well as reduce distress for any children involved. In most situations, reaching a compromise is possible even if it takes a lot of help. An attorney can help you understand your options and determine whether an uncontested divorce is within reach for you and your spouse
Options for Reaching a Compromise Despite Conflict
When attorneys broach the idea of uncontested divorce with clients, a common objection is that they simply cannot be in the same room as their ex without a fight starting. The good news is that you can reach a fair compromise without ever seeing them using some methods. Strategies that can help spouses in conflict achieve uncontested divorce include:
How a Business Valuation Could Help Uncomplicate Your Illinois Divorce
There are many complicated aspects to a divorce, including dividing shared marital assets, determining spousal support payments, and potentially agreeing upon child custody. These topics can be contested between partners, considering the critical nature of finding an equal balance between assets following a divorce. When one, or both, spouses are business owners, determining the value and ownership of the practice adds another layer of complications to a divorce proceeding. However, there is a way to uncomplicate the division of business assets in an Illinois divorce. Obtaining a business valuation is an excellent advantage if you are a business owner preparing for a divorce.
5 Must-Know Tips for an Illinois Divorce
The process of filing for a divorce can be complicated, time-consuming, and expensive. The decision to dissolve a marriage can be extremely difficult for all members of the family. However, there are ways to ensure that a divorce is as easy as possible. Below are five must-know tips if you are looking to file for a divorce in the state of Illinois
Do Not Point Fingers
The state of Illinois is considered a “no-fault” divorce state. This means that despite any wrongdoing from your partner, there is no at-fault party, and the divorce proceeding will focus on an equitable division of property and a workable parenting plan, if applicable. Do not waste time compiling information on any poor behavior from your partner including cheating or abandonment. The judge will not consider any of these circumstances when deciding on the issues of your divorce
The only exception to this rule is if your partner was abusive. If your partner has a history of being abusive towards you, your children or others, including a criminal record, this information may be factored into determining custody of children and other aspects of the divorce.
Does Child Support Include Paying For College?
When filing for a divorce with children involved, each spousal party will be required to uphold their individual parental responsibilities. This typically includes who will be the residential parent who primarily lives with the kids, dividing up parenting time, division of assets such as the home and child support payments. The majority of child support payments end when the child turns 18 years old. However, there are a few reasons why child support may be extended past the time the child becomes a legal adult. These reasons may include extenuating medical expenses or even paying for your child’s college education.
Do I Have to Pay for My Child’s College Tuition?
Whether or not a parent is required to extend child support payments through the time the child is in college is determined by your divorce agreement. Judges will typically approve a divorce decree that allows the children to live with the assets they would most likely have had if the parents remained married. This means that if the two divorced parents would have been in a better financial situation to pay for college had they stayed married, a judge may elect to have the non-custodial parent help pay for tuition.
Getting Divorced When You Co-Own a Business with Your Spouse
Starting a family business can be a wonderful way to combine working and spending time with your loved ones. When a married couple owns a business, they may not give much thought to who owns what share of the business. After all, they are in this together. Unfortunately, spouses who co-own a business may find themselves facing significant, complex issues during divorce.
If you are getting divorced and you and your spouse own a business together, you have several options: You may sell the business and split the proceeds, assign ownership of the business to one spouse, or continue running the business together. Which option is right for you will depend on your unique circumstances and long-term goals.
Running the Business Together After Divorce
Even if you and your spouse are not romantically compatible, you may still be great business partners. Though rare, some divorced couples continue running a family business together after divorce. Doing so many be complicated on both a practical and financial level. However, for some couples, this is the best option available. If you want to co-own the business with your ex after the divorce, work with your divorce lawyer and a financial expert to ensure you put the proper legal and financial precautions in place.
Eight Tips for Recently Divorced Parents During the Holidays
Did you know that divorce is consistently ranked as one of the most stressful life events a person can go through? The Holmes-Rahe Stress Inventory ranks divorce as second on its list of stressful experiences – just under the death of a spouse. Getting divorced or separated during the winter holiday season can be especially difficult for parents as well as adults. If you are a parent who is recently separated or divorced, read on to learn strategies for reducing stress and increasing holiday cheer.
Reducing Stress this Holiday Season
The first holiday season after a separation or divorce will be painful. There is simply no way to completely eradicate the heartbreak, regret, anger, and other difficult emotions associated with divorce. However, divorce is also an opportunity for renewal and hope. As you and your children navigate your first Christmas, Hanukkah, Kwanzaa, or New Year after the split, keep the following tips in mind:
Valuing and Dividing Digital Currency in Your Illinois Divorce
Cryptocurrencies such as Bitcoin, Ethereum, and Dogecoin have become increasingly popular investment tools. Studies show that about 13 percent of Americans bought cryptocurrency during the past year and many experts expect that number to increase. Like stocks, digital currency fluctuates considerably in value. This can make it especially difficult to value and divide in a divorce case. Furthermore, because Bitcoin and other cryptocurrencies are not held in a bank account like traditional currency, crypto is a popular vehicle for hiding assets during divorce. If you or your spouse have invested in cryptocurrency and you plan to divorce, an experienced divorce lawyer can help.
Determining the Value of Crypto
One of the most important aspects of a divorce is the division of marital assets and debts. Before spouses can negotiate a property division arrangement, they must take stock of what they own and owe. Valuing cryptocurrency for the purposes of asset division during a divorce is tricky. The value of a crypto investment when a spouse initially filed for divorce may differ dramatically from the crypto’s value several months into the divorce process. One option is to include a volatility formula into the property division agreement. Couples must also consider the tax consequences associated with the distribution of cryptocurrency and other assets during divorce.
124 S. County Farm Rd., Suite B1, Wheaton, IL 60187
630-358-9029
From our office in Wheaton, Illinois, we serve clients throughout the Chicago area including but not limited to Winfield, Warrenville, West Chicago, Glen Ellyn, Naperville, Lisle, Downers Grove, Lombard, Oak Brook, DuPage County, Kane County, Will County, and Cook County.
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