Posted on December 05, 2018 in Division of Assets

Many people who were surprised by their spouse’s divorce request will say that their spouse’s financial behavior should have warned them of the divorce. A spouse will start preparing once he or she has made an independent decision to divorce in order to gain an advantage in the division of property. Some behavior is an unintentional reaction when your spouse is considering divorce. Though not guaranteed signs of divorce, these changes in financial behavior often accompany a divorce:

1. Your Spouse Is Not Depositing into Your Marital Account: Most spouses have a joint bank account that they use to pay for marital expenses. A spouse who is preparing for divorce may secretly open an individual account for use during and after the divorce. If your spouse suddenly stops depositing his or her income into your joint account, the money may be going to the individual account.

   Continue Reading ››

 Posted on November 28, 2018 in Division of Assets

Winning the lottery is not something that you can plan for, but how you respond to winning is important if you are going through a divorce. You must first determine whether your spouse is entitled to a share of the winnings as part of the division of property in Illinois’ divorce laws. If your winnings are completely your property, your sudden influx of money will still affect how you settle your divorce. What you cannot do is hide the fact that you have won.

Property Status

Whether your lottery winnings are marital property in a divorce depends on when and how you purchased the ticket:

• Your lottery winnings would most likely be marital property if you purchased the winning ticket before you started the divorce process. Your individual income is marital income during your marriage, and purchases made with marital income are marital property; and

Continue Reading ››

 Posted on November 19, 2018 in Parenting Time (Visitation)

Your first holiday season after your divorce can be stressful for you and your children because it is the first time you are not celebrating the holidays together as a family. Your parenting schedule should not add more stress to the season. Divorced parents often have unique schedules for holidays such as Thanksgiving and Christmas. You may have already included one in your divorce parenting agreement. However, you will not know how well the schedule works until you put it into action. You may need to adjust your holiday parenting schedule to something that works better for your children.

Qualities of a Good Schedule

You should build your holiday parenting schedule around what will create the most enjoyable experience for your children. This requires sacrificing some of your own time with the children so that both you and your co-parent can celebrate with them. How you divide your time depends on your individual circumstances. You should ask yourselves:

Continue Reading ››

 Posted on November 09, 2018 in Parenting Time (Visitation)

Having two homes is one of the most difficult changes that children experience after a divorce. It will take time for them to adjust to their new living environment and the parenting time schedule that has them switching between homes. Your job as a parent is to make the transition as comfortable as you can while understanding that your children may be initially anxious and upset. Here are five keys to helping your children through the adjustment period:

1. Familiar Space: At least one of your children’s homes will be new to them. Encourage your children to decorate their rooms so that they feel comfortable and more at home there. Allow them to bring some familiar items from their other home. Have duplicates of items that would be impractical for them to take back and forth for each visit.
2. Shared Schedule: You have already created a parenting time schedule as part of your divorce. Have a calendar with your parenting schedule prominently displayed in your home. Your children can see when they are visiting each parent and become familiar with the schedule.

   Continue Reading ››

 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.

Long or Odd Hours

Many of the careers with the highest divorce rates can require working nights and weekends. This schedule may limit how often spouses see and interact with each other if they do not work the same hours. People who work odd hours may also be more tempted to have an affair with a co-worker. They are around their co-workers more often than their spouses and find it easier to spend time outside of work with someone who has the same schedule.

Continue Reading ››

 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.

Continue Reading ››

 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.

Parental Kidnapping

Illinois defines parental kidnapping as when one parent defies a court-approved parenting order by hiding or removing the children from the other parent. You can request an emergency custody order for your children if you believe your co-parent has fled with them or is a risk to do so. Federal law allows your state’s courts to maintain jurisdiction over your parenting case, even when your co-parent flees to another state.

Continue Reading ››

 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.

   Continue Reading ››

 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.

Continue Reading ››

 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.

   Continue Reading ››