Posted on August 02,2022 in Illinois Divorce

When dealing with a divorce, spouses tend to worry about how financial responsibilities will be taken care of when the marriage is dissolved. Alimony, also known as spousal support or maintenance, refers to a series of payments made from one spouse to another following a divorce. Many couples going through a divorce wonder how to obtain spousal support or how the court will decide which partner is responsible for paying spousal support. If spousal support is found to be appropriate, the court will decide who pays spousal support by determining the supporting and dependent spouses.

Supporting vs. Dependent Spouses

When deciding which spouse will pay spousal support after the divorce is finalized, it is critical to analyze the financial health of both spouses. By looking at each spouse’s financial statements, a divorce attorney can help identify which spouse will be supporting the other. Below are the general characteristics of a supporting and dependent spouse.

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 Posted on July 28,2022 in Illinois Divorce

One of the most common questions asked during a divorce is how expensive the divorce process is. Creating a cost estimate for a divorce is difficult for many reasons. Costs affiliated with a divorce vary depending on factors such as the type of divorce, the duration of the divorce process, which attorney you hire, and the type of assets shared.

Divorces in Illinois vary in cost, but there are ways to gauge how expensive your divorce can become. Your best bet is to speak with a qualified divorce lawyer about your specific situation.

Finding a Cost Estimate

By speaking with a skilled divorce attorney, spouses can usually get a rough estimate how expensive their divorce may be. Estimates can be made only after an attorney gathers the facts of your situation and determines a few factors such as:

• Whether a divorce is contested or not

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 Posted on July 26,2022 in Illinois Divorce

The divorce process can be complicated for many reasons, especially when dealing with property and asset division between two spouses. When dealing with a high-income, high-value divorce, the process can become more intricate to consider the significance of the assets at stake. Stress levels run high in any divorce, separation, or breakup. The essential nature of high-income asset division can exacerbate stress and cause high anxiety levels. If you are in the midst of a high-income divorce, here are three tips that may make the process more manageable for your situation.

Contact a Financial Analyst

Many divorce and family law attorneys have contacts with analysts that assist in the divorce process. Financial experts are one of the most commonly consulted analysts during a high-value divorce. Alongside your legal counsel, a financial expert can examine the assets divided between two partners. Some of the most common monetary and business assets that are analyzed in a high-value divorce include:

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 Posted on July 14,2022 in Illinois Divorce

Breakups, separations, and divorces can be difficult. Tensions run high, and many couples cannot communicate with their spouse about how to move forward after a marriage is dissolved. When spouses cannot communicate effectively, many people believe that the only solution is to resolve a divorce in court. However, other more cost-effective and productive forms of alternative dispute resolution can help couples get through a difficult divorce. One of the most beneficial alternative dispute resolutions for divorce cases is third-party mediation.

Understanding Divorce Mediation

Alternative dispute resolutions are different techniques that couples can use to communicate with their partner and dissolve a tense marriage without defaulting to court litigation. A few different types of dispute resolutions are used for divorce, including mediation, settlement conferences, and arbitration.

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 Posted on July 08,2022 in Illinois Divorce

When beginning the divorce process, many couples realize there are two main characteristics the state uses to divide property in Illinois— marital and non-marital property. Non-marital property includes assets owned individually by only one of the partners in a marriage. Marital property has assets accumulated throughout the marriage, thus belonging to both spouses. During the division of property, marital assets are split up between both partners in an equitable fashion. However, some assets, such as retirement accounts, have shared and unshared characteristics, making retirement plans much trickier to divide.

Illinois Law on the Division of Retirement Plans

The state of Illinois describes retirement plans as having both shared and unshared characteristics. Sometimes, a retirement plan is opened, and some of the retirement benefits are accumulated before that individual is married. However, once that individual is married, any retirement benefits collected can be considered shared property. The best way to determine which assets in a retirement plan are shared between spouses is to document the benefits awarded after the marriage is finalized. Any financial benefits accumulated before the wedding belong solely to that individual spouse.

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 Posted on June 27,2022 in Child Support

When a marriage dissolution is finalized, a divorce decree is drafted. A divorce decree is a legally binding document that expresses all decisions made in a divorce arrangement, including custody arrangements, property division, and spousal maintenance. The court enforces a divorce decree, and must be upheld by both parties. However, individuals can make changes within a divorce decree when necessary.

Requesting Additional Child Support

It is not uncommon for parents to require more child support after the initial divorce decree is finalized. Lifestyle changes following a separation or divorce can drastically affect a parent’s ability to provide for their children. For example, a mother may have been able to support her children with the child support amount expressed in the divorce arrangement, but she recently finds herself unemployed. In this case, the mother must request more child support from the state.

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 Posted on June 20,2022 in Illinois Divorce

Although Illinois is considered a no-fault divorce state, there is no doubt that infidelity and other extramarital affairs can be the root cause of a failed marriage. Cheating in a marriage can cause lasting damage to a relationship, often leading to divorce. However, unfaithfulness cannot be used to negotiate a more favorable divorce plan for one spouse over another. The court will see infidelity as a mutual disagreement between partners, not as a way to blame a cheating spouse. However, infidelity can still affect a divorce in a few ways.

Understanding Irreconcilable Differences

“Irreconcilable differences” is the legal term used in no-fault divorce states to express that a marriage is beyond repair. The term irreconcilable differences is meant to blame both partners equally, hence the term no-fault divorce. Essentially, this means that both partners have had substantial enough disagreements throughout the marriage that renders the relationship unfixable.

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 Posted on June 13,2022 in Child Support

While divorce is difficult for most couples, it can be especially challenging for parents who share children. There are many considerations, such as child support payments, custody, and visitation arrangements. However, parents feel blindsided when unexpected expenses pop up after the divorce is finalized. If you and your partner share custody of the children and are equally invested in them financially, emotionally, and physically, extracurricular costs could pop up from time to time. Here is a list of five unexpected expenses parents may have to split following a divorce.

College Tuition

In Illinois, age 18 deems a child an adult, as long as the child has graduated from high school, meaning parents are no longer required to support them financially. However, like many laws, the end of child support payments comes with a catch. Parents often have to extend child support payments throughout a non-minor child's post-secondary education. Illinois courts require parents to pay for a child's educational wellbeing, including their college tuition and expenses. For example, parents will have to cover the costs of attendance, rent, and essentials for the college child.

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 Posted on June 06,2022 in Illinois Divorce

A divorce can be unsettling for all family members, especially for children. Parents may worry that changes following a divorce can lead to lasting emotional trauma for their kids. Many lifestyle changes can confuse young children, and it is essential for parents to try to provide stability during the divorce process and after the marriage has been dissolved. Parents looking to provide stability and maintain a successful routine for their children post-divorce should encourage a structured routine, communicate about co-parenting rules, and encourage open dialogue with their kids.

Stick to a Structured Routine

According to Head Start, the Early Childhood Learning and Knowledge Center, everyday activities and routines can comfort children during uncertain times. As parents make decisions regarding child custody, living situations, and division of parenting time, children may feel worried that they are losing quality time with one parent over another or fear the loss of familiar family routines. Ways to incorporate familiar activities into children's lives during the divorce process include:

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 Posted on May 31,2022 in Illinois Divorce

When couples find themselves fighting and preparing for a divorce, one spouse may choose to leave home. In Illinois, the family home will usually be considered joint marital property, meaning it—or it’s value—will be considered and divided between the spouses during the divorce judgment. However, in some highly volatile cases, one spouse might pose a severe threat to the other family members. Even though a shared house may be joint property and subject to being divided equitably in a no-fault divorce state, there are ways for spouses to remove a partner from the family home when necessary.

Illinois Petition for Exclusive Possession

The governing law that dictates marriage dissolution and the divorce process in Illinois is the Illinois Marriage and Dissolution of Marriage Act (IMDMA). A petition for exclusive possession of the shared property is detailed for certain circumstances within this act. If a spouse felt that their partner posed a serious threat by staying in the home, they could file for exclusive possession and legally force their partner out of the house. To meet these criteria, a spouse would have to prove to the court that their partner poses a legitimate threat to the physical, mental, or emotional health of the other individuals living in the home.

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