Posted on September 19, 2023 in Domestic Violence / Orders of Protection

When safety concerns arise, individuals in Illinois have the legal right to seek protection orders. A protection order is a legal document that can help protect you from harassment or harm. There are four main types of protection orders in Illinois: Order of Protection, Civil No Contact Order, Stalking No Contact Order, and Firearms Restraining Order.

You need to go to court and file a petition to obtain a protection order. Understanding the correct order for your situation may require an experienced attorney, one who can help navigate the steps involved so that you can better understand the specific situations required to obtain a protection order.

Order of Protection

This type of protection order is specifically designed for cases involving domestic abuse where there is a known relationship between the victim and the abuser. It offers legal protection to those facing harassment or abuse within family, spousal, or dating relationships. To obtain an Order of Protection, individuals can seek help from domestic violence programs, involve an attorney for civil court filing, request it during divorce proceedings, initiate it within criminal prosecutions, or personally file for one through their local circuit court clerk's office.

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 Posted on September 13, 2023 in Divorce

You currently reside in Illinois and are in the process of a divorce. Unlike many couples who are experiencing this landmark decision, you and your partner are on amicable terms. Rather than fight and shout at each other, you have simply grown apart. 

 You may be wondering if this arrangement is unusual and you may be unsure as to how to proceed with a divorce. However, we assure you that you are not alone. An experienced lawyer can assist you through this difficult time. Here at Calabrese Associates, we are here to help you throughout the divorce process.

Under What Conditions Is Someone Allowed to File for Divorce?

Illinois is a no-fault divorce state. This means a couple does not need any specific reasoning in order for the divorce to be granted. Rather, the pair can simply state that they can no longer function as a couple and the court can grant them a divorce. While this may seem like an easy process, how quickly and efficiently the divorce moves will depend on how much the couple is willing to negotiate on various legal matters.

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 Posted on September 07, 2023 in Divorce

Divorce is usually a challenging process. It is not a surprise that if you are in the process of divorce, you may have many questions about your future. One issue that might come up is whether you will receive full parenting rights (defined in Illinois as having the authority to make decisions for a child and the ability to spend time with a child as her caregiver). 

It is true that this path can be complex. Perhaps you might worry that since you are the father, you will not receive parenting rights. But you should not feel hopeless. An Illinois family law attorney can assist you. Here at Calabrese Associates, we are here to help navigate your journey, and we will do our best to help.

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 Posted on August 30, 2023 in Divorce

When parents in DuPage County, IL, divorce, one critical decision is to determine how to divide the allocation of parental responsibilities of their children. The two main terms these responsibilities fall under are legal custody (now referred to as “decision-making”) and physical custody (“parenting time”).

Decision-making responsibilities refer to the right to make important decisions regarding a child's upbringing. These decisions can include education, medical care, and religion. Parenting time refers to visitation rights and how much time the child will spend with each parent.

If you are going through a divorce in DuPage County, IL, and are concerned about the allocation of parental responsibilities for your child, it is important to talk to a family law attorney. An attorney can help you understand your rights and options and can represent you in court.

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 Posted on August 25, 2023 in Division of Assets

The division of assets during and after a divorce can be a hard process. This is especially true when retirement accounts have major tax implications. As couples untangle their financial lives, retirement accounts can become a focal point, as they often make up a significant portion of a couple’s wealth. It is important to be aware of what can happen to your taxes when you divide assets during divorce so you can avoid unexpected financial troubles down the road.

How Dividing Assets Works in a Divorce

In general, the tax rules for dividing assets in a divorce are relatively simple. Under Section 1041 of the Internal Revenue Code, there is no tax on property transfers between spouses or former spouses.

However, some exceptions exist. If you get a distribution from a retirement account not qualified for rollover, you might have to pay taxes on earnings. Also, if you are younger than 59½ years, a 10 percent early withdrawal penalty could apply on any distributions from a retirement account.

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 Posted on August 10, 2023 in Divorce

One major aspect of divorce is the division of assets, including retirement accounts. This is often seen as a complex process. Inflation, and its effect on the value of assets after divorce, is something that divorcing couples should consider.

Understanding Inflation’s Impact

Inflation erodes the buying power of money over time. The value of assets may diminish in real terms as the cost of living rises. This dynamic can have massive implications in a divorce for asset division and retirement accounts.

Assets Affected by Inflation and How to Protect Them

There are certain assets, such as savings accounts, 401(k)s, and IRAs, that are more subject to inflation’s effects. Cash assets can be particularly prone as their value falls with rising inflation rates. In contrast, real estate has historically been viewed as a potential guard against inflation, as property values tend to increase over time.

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 Posted on August 03, 2023 in Divorce

Divorce is a major life change that can be especially difficult for children. They may experience a range of emotions, and how they cope with everything will vary depending on their age, personality, and the circumstances of the divorce. However, there are some things that parents in Dupage County can do to help their children overcome the changes and adjust to their new family situation.

Types of Emotional Responses to Divorce

The emotional impact of divorce can vary widely in children. Some children may only experience mild behavior changes, while others experience something more severe. The following are some of the most common emotional responses to divorce:

• Sadness

• Anger

• Guilt

• Fear

• Confusion

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 Posted on July 31, 2023 in Divorce

For whatever reason, a spouse may not respond when they have been served with divorce papers. They may not want to face reality, or they think that the matter will go away entirely. Failure to respond to a divorce filing could lead to a default judgment. In that case, the court only has the filing spouse to listen to, and they will usually grant the divorce on the terms that the spouse is seeking.

When a Spouse Is Considered to Be in Default

Court rules set the time limit for responding to a divorce filing. The defendant in the proceedings would have 30 days to file their answer. If they give the court good reason, the judge could extend the deadline to file the answer. However, the defendant may simply not respond at all. In order to avoid a default judgment, the spouse must do the bare minimum to participate in the process. They could even avoid default if they file an appearance with the court within 30 days.

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 Posted on July 25, 2023 in Divorce

People are increasingly holding cryptocurrency assets, whether it is for savings or investment purposes. Crypto assets can greatly complicate a divorce. Crypto is treated as a marital asset, but it can present complex issues. You should hire a divorce attorney who has experience in high-net-worth divorces. You may also need to work with other experts to properly value and trace the assets.

Valuing Crypto Assets in a Divorce

Crypto assets are very volatile. The prices can fluctuate drastically by the day. You may find that the price has changed dramatically between the time that you agree to terms and the day that you sign the agreement. You may need to be creative in how you value these assets in a settlement agreement to ensure that the marital assets are equitably divided.

How Judges Value Crypto Assets

Many courts will treat crypto assets as if they are a cash equivalent and simply assign the value of where they are trading at that time in the open market. However, crypto may not always be fully a marital asset. One spouse may have purchased crypto before the marriage. Then, a judge would need to determine which part of the crypto is a marital asset and which would be considered individual property. If one spouse frequently traded crypto during the marriage, it may be difficult to value the assets. You may need a forensic accountant to give their own opinion of how the crypto should be valued. In addition, there may be large capital gains taxes that must be accounted for in asset division.

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 Posted on July 21, 2023 in Divorce

It may be tempting to use social media as a source of support during your divorce case. While there are benefits to using social media, there may also be drawbacks. What you post on your social media accounts may be used as evidence against you in the divorce proceedings. Accordingly, you be careful when you want to discuss any details about your case in a public setting,

Your Social Media Posts May Not Be as Private as You Think

Even if you have your posts set to “friends only,” your spouse’s attorney may have a way to access them. Each contested divorce case has a discovery process where the attorneys can gather evidence that is in the other’s possession. Your spouse’s attorney may be able to seek your social media posts, and you will be obligated to produce them.

Pictures and Statements Can Be Evidence in Your Case

There are things that can be used against you in your case. For example, if you are being accused of adultery, pictures of you with another person could be used to prove the case for a fault divorce. In addition, you may need to take the stand to testify in your own case. If you have made any statements on social media that are inconsistent with what you have said under oath, your spouse’s attorney may use them to challenge your testimony and credibility.

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