Posted on March 17, 2022 in Divorce

Divorce can be difficult and complicated for anyone. Even for spouses who do not share many assets, there can still be quite a lot of conflict during a divorce. However, if you and your spouse–or one of you alone–hold assets of significant value, the road to a final divorce decree can be even rockier. Dividing your assets is likely to be the most time-consuming and legally difficult part of your divorce. Even sorting out who actually owns what can be difficult if your marriage lasted more than a few years. You may endure more conflict throughout. It is critical that you find an attorney who is experienced with guiding people through high-asset divorce. This kind of divorce takes skill. 

What Concerns May Arise During High-Asset Divorce?

Dividing your marital assets will naturally be more difficult the more assets you own. Some assets, like stock portfolios, real estate holdings, and joint businesses, are difficult to divide. Concerns you should be aware of include:

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 Posted on March 10, 2022 in Divorce

When mediation works, it can be a great solution during a divorce. It costs less than litigation, and it often gets you a final divorce decree much faster so you can move on with your life. However, mediation requires a certain amount of cooperation from both parties. That means that mediation is not going to work for every divorcing couple. Some spouses refuse to participate in good faith or to make reasonable concessions. Attorney-facilitated negotiation can fail for the same reasons. If you suspect that your spouse will not work with you during the divorce process, it is particularly important that you find an attorney with strong courtroom skills, as the odds that your divorce will be contested are high. 

Signs That Your Divorce May End in Litigation

Any one of these factors alone can potentially result in a contested divorce. If you identify with multiple factors, it may be a good idea to start mentally preparing yourself for divorce litigation. 

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 Posted on February 28, 2022 in Divorce

The worst nightmare of many people comes true when their spouse unexpectedly asks for a divorce. Sometimes the marriage may not be going well, but reconciliation seems likely; other times, the announcement comes completely out of the blue. It can be frightening and difficult to know what to do, and the idea of hiring a divorce attorney may seem painful and unnecessary. 

But if you have been surprised by a request for a divorce, it is important to take your spouse seriously and not put off taking practical actions. You may eventually be able to change your spouse’s mind, but if you cannot, you may put yourself at a serious disadvantage by waiting to find a divorce attorney. 

Assess the Situation Realistically 

Studies suggest that divorces can be more traumatic for many people than the death of a spouse, especially when one spouse does not want the divorce to happen. Other studies suggest that people who get divorced are often not happier later, and many regret it. But while all these things may be true, if your spouse has made up his or her mind, you need to be able to look at the situation honestly. 

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 Posted on February 22, 2022 in Divorce

Couples engaged to be married in DuPage County may choose not to create a prenuptial agreement for several reasons. They may feel that such an agreement detracts from their commitment, or they may believe they do not have sufficient assets to justify the time and expense required to create such a contract. However, once a couple has gotten married, the benefits of a similar contract - the postnuptial agreement - may become clear. Creating a postnup does not mean you plan to get divorced; rather, it allows spouses to protect each other if a divorce does happen. Couples create postnups for many reasons, but knowing the most common reasons may help you decide whether you want to create your own. 

Common Reasons For Creating a Postnuptial Agreement

A postnup can address many of the same topics as a prenup and is bound by similar limitations. For example, a couple cannot decide how to handle child support or child custody in their postnup, but they may address other issues that usually have to do with finances. Here are some common reasons couples decide to sign a postnup in Illinois: 

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 Posted on February 15, 2022 in Divorce

Although some people choose to continue living in the same house with their ex-partner or try the “birds nest” living arrangement after a divorce, couples getting divorced in Illinois nearly always relocate. Whether to be closer to family, to pursue a new job, or to try to start fresh after a painful separation, relocation with a child following divorce is common enough that some parents choose to include special provisions for relocation in the parenting plan in their divorce agreement. While Illinois laws concerning child relocation still apply, parents can agree to stricter or more personalized details in their parenting plan. 

Know Illinois Child Relocation Law

While parents may agree to give each other more time than necessary to consent to or negotiate over a potential relocation, it is important to know how Illinois family law sees this issue. If a parent has majority parenting time or splits parenting time 50/50, that parent requires permission from the other parent or from the court to move under the following circumstances: 

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 Posted on February 10, 2022 in Parenting Time (Visitation)

Since Illinois Governor J.B. Pritzker signed the Illinois Cannabis Regulation and Tax Act into law in 2019, many Hoosiers have used recreational marijuana. Marijuana is widely available and some people who use it find themselves struggling to regulate their use. Likewise, although alcohol is legal, people who drink sometimes struggle with how often or how much they drink. Prescription drugs can also be misused or present a hazard when used in conjunction with important responsibilities, like driving a car or providing childcare. While the use of these intoxicants is not illegal, certain behaviors–such as drinking and driving–can get a user in serious trouble with the law. Additionally, using legal substances inappropriately may have an impact on your ability to get or keep parenting time with your children.

Can Marijuana or Alcohol Use Be Used Against Me in Family Court?

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 Posted on January 31, 2022 in Divorce

After a couple’s last child moves out of the family home, the couple will often experience something known as an “empty nest syndrome.” While many parents frequently look forward to the day that they will reclaim some of their time and their space without the challenges of raising young children, the same parents are often surprised by how blue they feel once their children are actually gone. 

Without the demands of young children requiring their constant focus, many spouses begin reflecting on their lives from a new perspective. With a better understanding of the time that has passed and the time that remains to them, empty nesters will often reassess their career, their location, and even their relationship. If you are a recent empty nester, know that you are not alone. Knowing why other Illinois couples choose to get divorced during this time may help you create a plan for your own future. 

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 Posted on January 21, 2022 in Divorce

When large discrepancies in income exist between former spouses, or when one spouse gave up significant employment opportunities to raise children or care for a home, spousal maintenance may be awarded. Not every Illinois divorce involves spousal maintenance (also known as alimony or spousal support), but when it is fair and appropriate, spousal maintenance must be negotiated. But how much is fair? And how are amounts and the length of payments determined? Here are three factors to consider if you are negotiating spousal maintenance in your Illinois divorce. 

What Was the Marital Standard of Living? 

Spousal maintenance is not determined simply by how much money one spouse strictly needs until he or she becomes financially independent. If spouses shared a high standard of living, then both spouses will want to continue that lifestyle after their divorce. Illinois courts would consider it unfair that, after enjoying a certain standard of living for many years, one spouse suddenly becomes much poorer while the other spouse continues the same lifestyle as they enjoyed during the marriage - especially when there are children involved. 

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 Posted on January 17, 2022 in Child Support

 Divorced and separated parents frequently disagree about child support. The parent who is ordered to pay often feels as though the money is not being used correctly, and the receiving parent often feels as though the payments are insufficient to meet the child’s needs. Sometimes a parent will fail to pay child support because he or she feels the amount is unfair or because it seems impossible to afford it. 

But no matter the reason, Illinois takes failure to pay child support seriously. Unpaid child support places the full financial burden of raising a child on one parent and reduces the child’s standard of living through no fault of the child. If you are a parent who should be receiving child support and your child’s other parent refuses to pay, it is important to try every method possible to enforce your child support order. An experienced DuPage County child support attorney may be able to help you recover unpaid child support more quickly. 

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 Posted on January 07, 2022 in Child Support

For most divorced parents, child support payments end once their youngest son or daughter turns 18. But for some parents, child support can last many years longer, if not an entire lifetime. If you are paying child support, here are three things to be aware of that could make child support last much longer. 

High School Graduation 

If a child is still in high school when he or she turns 18, child support payments will continue until the child graduates from high school and turns 19. This ensures that one parent is not left paying for all of a child’s educational and housing needs when he or she is still essentially functioning as a minor child. Many child support orders include termination dates, but circumstances can change and parents may need to request a court-ordered modification that includes a termination date. Failure to pay child support is a serious offense in Illinois and it is unwise to assume child support is ending unless you have a confirmed termination date. 

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