Posted on November 01,2018 in Divorce

A 2017 study attempted to connect a person's job with his or her likelihood of divorce by looking at which careers have the highest and lowest divorce rates in the U.S. The top 10 jobs in which employees most often divorced were:

1. Gaming managers;
2. Bartenders;
3. Flight attendants;
4. Gaming service workers;
5. Rolling machine workers;
6. Switchboard operators;
7. Extruding and drawing machine workers;
8. Telemarketers;
9. Textile knitting and weaving machine workers; and
10. Extruding, forming, pressing, and compacting machine workers.

While a list is fun to look at, it is more useful to understand the shared traits of these careers that may increase the risk of divorce. 

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 Posted on October 26,2018 in Spousal Maintenance

Illinois recently passed a law that changes the formula and court instructions for calculating spousal maintenance as part of a divorce. The law goes into effect at the start of 2019, which is the same time that a federal tax law eliminating the alimony deduction goes into effect. Illinois is adjusting its spousal maintenance law because the tax law will put a greater burden on people paying maintenance. Since the new tax law was announced, lawyers have warned divorcees that it may become more difficult to reach a spousal maintenance agreement if the payor cannot use the alimony deduction. Illinois’ new law will try to make court decisions on spousal maintenance more equitable for both spouses.

Alimony Deduction

Any spousal maintenance agreements approved before the end of 2018 are still eligible for the alimony tax deduction, and payors under existing maintenance agreements can continue claiming the deduction until a change of circumstances requires them to modify the agreement. With the alimony deduction, payors can deduct the full value of their annual maintenance payments from their federal income taxes. Payees must report the maintenance that they receive as taxable income. When the deduction is eliminated, the payor will save less on his or her taxes, and the payee will not pay taxes on his or her maintenance.

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 Posted on October 20,2018 in Relocation

A divorced parent living in the Chicago area may not relocate with his or her children more than 25 miles from their current home unless:

• The other parent agrees to the move; or 
• A court approves the move.

The relocating parent must file a petition to relocate and prove to the court that it is in the children’s best interest to move with him or her. The court can block the children’s move and modify the division of parenting time if the parent decides to relocate anyways. Fearing that a court will reject their relocation requests, some parents flee with their children to another state or country. State, federal, and international laws can help you rescue your children if your co-parent has abducted them.

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 Posted on October 12,2018 in Postnuptial Agreements

Creating a postnuptial agreement seems like a sign of weakness in a marriage. Why would you need an agreement that prepares you for a potential divorce if your marriage is strong? A postnuptial agreement is a practical document that you should create when you and your spouse are cooperating. Having a postnuptial agreement means you recognize that you could divorce and that you may disagree on what to do with your assets at that time. Instead of a weakness, negotiating a postnuptial agreement can be healthy for your relationship:

1. You Are Discussing Your Finances: Financial struggles and disagreements cause marital conflict that can lead to divorce. You may have financial concerns but are avoiding a conversation with your spouse because it is stressful. Ignoring the topic will not make the problem go away. Negotiating a postnuptial agreement forces you to talk to your spouse about your finances.

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 Posted on October 03,2018 in Divorce

You can file for divorce without your spouse’s consent, but your spouse can prolong the process by contesting you. There is little chance that your spouse’s arguments will cause the court to stop your divorce. Illinois courts do not accept a reason for divorce other than irreconcilable differences, which either spouse can independently cite. Unfortunately, your spouse may be reacting emotionally, either not understanding the futility of his or her actions or delaying the divorce to spite you. How you respond to your spouse’s actions depends on how your spouse is being uncooperative.

Not Responding

You must send your spouse a notice of your petition to divorce and the scheduled court hearing as part of the filing process. Once your spouse has received notice, he or she has 30 days to respond by declaring whether he or she will appear in court and contest the divorce. If your spouse does not respond or attend your hearing, you can request a default judgment in favor of your petition to divorce. The court may set another date for the default judgment hearing to give your spouse a chance to respond. If the court issues you a default judgment, your spouse will no longer have a voice in determining your divorce settlement.

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 Posted on September 27,2018 in High Asset Divorce

A high asset divorce means high stakes for both sides during the division of property. The properties in a high asset divorce are both valuable and numerous, making the property assessment process more difficult. How do you identify whether you will be going through a high asset divorce? Besides the incomes of yourself and your spouse, there are several types of properties that are typical in a high asset divorce:

1. Multiple Real Estate Properties: Your home is often the most valuable property in your marriage. In a high asset divorce, you may own several real estate properties, such as a seasonal home, undeveloped land, or a building which you allow other people to rent.
2. Multiple Vehicles: Each spouse has his or her own vehicle in a typical divorce. In a high asset divorce, you may have additional vehicles that you use for recreational purposes or keep as collector’s items. Common examples include vintage cars, motorcycles, and boats.

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 Posted on September 21,2018 in Divorce

Are you legally allowed to date someone before you have officially divorced? The answer in Illinois is “yes.” Some states recognize marital misconduct such as adultery as a reason for divorce and will penalize the spouse at fault in the divorce settlement. Illinois is a no-fault divorce state, meaning that spouses do not cite a reason such as adultery when filing for divorce. However, dating during your divorce is still a poor decision because it can needlessly complicate the process and put you at a disadvantage.

Harming Negotiations

Your spouse will be upset if he or she learns that you have started dating while you are still settling your divorce. Your spouse is likely still emotional about the end of your marriage, and knowing that you are seeing someone else will cause him or her to feel hurt, angry, jealous, and/or depressed. He or she may use your divorce negotiations as a way to get back at you by:

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 Posted on September 13,2018 in Child Custody / Allocation of Parental Responsibilities

Some men become more active and involved fathers despite the obstacles that their divorces create. Courts often grant less allocation of parental responsibilities to fathers, which means that fathers have less time with their children and less say in parenting decisions. As a father, you are always a full-time parent, even if you see your children only part-time. You need to change what you require of yourself as a full-time father.

Parenting Time

You should treat your time with your children as a precious resource. When you were living with your co-parent, you could be less active with your children because you were sharing parental responsibilities. Single parents cannot avoid interacting with their children and taking direct responsibility. This should include:

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 Posted on September 05,2018 in Divorce

Illinois offers a quicker and easier divorce process for some spouses, called a joint simplified dissolution of marriage. The process has less required paperwork and can often be resolved in one court hearing. However, there are several strict requirements that spouses must meet to qualify for a joint simplified divorce. The state created the process for spouses who have not been married long, have limited assets and will not remain connected to each other after the divorce. Check this list of requirements to determine if you qualify for joint simplified divorce:

1. Marriage Duration and Separation: Your marriage must be less than eight years old, and you must be living separate and apart from each other.
2. Agreement on Divorce: You and your spouse must both agree that irreconcilable differences are the reason for your divorce.

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 Posted on August 28,2018 in Divorce

You must act quickly and pragmatically once you and your spouse have decided to divorce each other. People who delay finding a divorce attorney and gathering information are put at a disadvantage when they must make important decisions. However, you may have a more difficult time overcoming your initial emotions if the divorce came as a surprise to you. You may initially react with anger towards your spouse or by fighting to save your marriage. Unfortunately, you cannot afford to avoid the practical concerns of your pending divorce.

Caught Off Guard

A spouse goes through an internal struggle before working up the nerve to say that he or she wants a divorce. The spouse concluded that:

• The marriage is beyond repair;

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