Posted on June 18,2024 in Illinois Divorce

Divorce is rarely an easy journey, and it becomes even more complex when power imbalances exist between the spouses. Whether it is financial disparities, emotional control, or distinct differences in negotiation skills, power imbalances can significantly affect the fairness of the divorce process.

In Illinois, mediation offers a valuable tool that can help level the playing field, ensuring that both parties have a fair chance at reaching an equitable settlement. To learn more about the divorce mediation process, ask your attorney whether he or she thinks the process may be beneficial to your circumstances.

Identifying Power Imbalances in Divorce

Power imbalances come in various forms and can have numerous origins. For example, financial power imbalances are common when one spouse controls the couple’s financial resources significantly more. This can put the less financially stable spouse at a disadvantage, making them feel pressured to accept unfavorable terms.

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 Posted on June 13,2024 in Family Law

One of the most significant and complex decisions you will face during a divorce in Illinois is what to do with the marital home. The house often represents not just a valuable asset but also a place filled with memories and emotional ties. Whether you decide to keep or sell it, several crucial factors should guide your decision-making process. Talk with your attorney to weigh your options.

Financial Implications When Deciding to Keep or Sell the Marital Home

First, you will want to assess the financial implications of keeping or selling the marital home. Keeping the home means you will need to be able to afford the mortgage payments, property taxes, insurance, and maintenance costs while living on a single income. Calculate a budget to determine if staying in the home is feasible without causing financial strain.

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 Posted on June 07,2024 in Child Custody

When it comes to fulfilling child support obligations in Illinois, various methods are available to ensure timely and consistent payments. Among these, an income withholding notice, as it is known under Illinois law, stands out as perhaps the most reliable and efficient option, especially for those who receive regular paychecks from his or her employer. To learn more about child support payment options or anything related to Illinois divorce, contact a qualified attorney to protect your rights and understand your options.

Understanding Income Withholding in Illinois

Income withholding is a legal directive that requires an employer to deduct child support payments directly from an employee’s paycheck. The employer withholds a specific amount from the employee’s wages and sends it directly to the Illinois State Disbursement Unit, which then distributes the funds to the custodial parent. 

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 Posted on May 30,2024 in Illinois Divorce

Divorce for stay-at-home parents is often overwhelming. There is child custody to work out, living arrangements to make, and a child to support. For many stay-at-home parents, sorting out financial support is the most difficult part. It is not easy to break into the workforce after having been out of it for so long, and options can seem few and far between.

This is where spousal support, or alimony, comes in. Alimony and child support are financial tools that are meant to help stay-at-home parents, but they are not guaranteed. An experienced divorce attorney will be able to clarify whether you can expect spousal support.

When Do Courts Order Alimony?

Courts order spouses to pay alimony based on several factors, such as:

• Whether one spouse has significantly more money than the other

• The financial needs of each spouse

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 Posted on May 21,2024 in Illinois Divorce

The legal process for divorce in Illinois is complex, but it is even more so for high-net-worth divorces. A high-net-worth divorce is one where at least one spouse has a significant amount of wealth. Illinois law does not specify a number, but a divorce involving assets totaling $1 million or more is generally considered to be a high-net-worth divorce.

When it comes to this kind of divorce, it is best to seek out an Illinois divorce lawyer who understands the financial issues that a high-net-worth couple will need to address. This article will discuss four such issues.

Property Division

In any divorce, both spouses are entitled to what Illinois law calls marital property. This refers to assets that were acquired by either spouse during a marriage, with certain exceptions. If a spouse earned something or bought something during the marriage, the other spouse is entitled to their fair share of it. 

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 Posted on May 16,2024 in Family Law

A prenuptial agreement is a document signed before marriage that outlines what will happen with certain issues in the event of a divorce. Because of this, some couples find the subject of a prenuptial agreement to be uncomfortable. Many people avoid even suggesting it for fear of offending their partners. Others feel they do not need one because they think they will never get divorced.

If your partner has reacted uncomfortably to the idea of signing a prenuptial agreement but you feel strongly that a prenup is a good idea, your best move would be to consult a family lawyer. An Illinois family law attorney who has experience with prenuptial agreements will also have experience dealing with couples who are struggling to agree about the subject.

What Does a Prenuptial Agreement Contain?

A prenuptial agreement is a legal document that contains provisions for what will happen if the couple gets a divorce. This premarital agreement can specify, for example:

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 Posted on April 25,2024 in Illinois Divorce

One of the more complex parts of a divorce proceeding is asset division. In this procedure, your divorce attorney and perhaps an accountant will help categorize certain assets as marital property or nonmarital property, and then negotiate with your spouse about how to divide the marital property. Marital property refers to assets that belong to both spouses and should be divided fairly according to Illinois law.

Sometimes one spouse may feel that the marital assets are in danger of being abused or wasted during the divorce. In that case, he or she may ask the court to freeze the assets by filing a dissipation of assets claim.

What is the Dissipation of Assets?

Dissipation of assets means the marital assets are being squandered. This happens in one of two ways:

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 Posted on April 16,2024 in Illinois Divorce

When it comes to dividing assets in a divorce, Illinois law grants both spouses the right to “marital property.” There are three kinds of assets that are considered marital property and must be divided between both spouses in a divorce:

• Assets that were acquired by either spouse during the marriage

• Assets that were acquired by one spouse before the marriage, but blended with the other spouse’s assets

• Assets that were acquired by one spouse before the marriage but the other spouse contributed significantly to them during the marriage

So, if you are getting divorced and own a business that falls into any of the above categories, your spouse will likely be entitled to a part of it. Keep in mind that asset division is a complex legal issue, so it is best to consult an experienced divorce attorney to be sure.

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 Posted on April 08,2024 in Child Custody

There are two types of child custody: one is legal custody, which involves making major life decisions for the child such as schooling or religious upbringing. In Illinois, legal custody is called “parental responsibilities.” The second is physical custody, which is when the child is under the parent’s physical care. Illinois law refers to this as “parenting time.”

Parents who get divorced are required to develop a parenting plan that outlines how much parenting time each of them will have with the child. If parents cannot agree on these terms, a judge may decide for them. Many factors will be scrutinized, and the court may take the child’s wishes into account. It is important to involve a qualified child custody lawyer from the start to make sure the process is being followed correctly.

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 Posted on April 03,2024 in Illinois Divorce

Filing for divorce can be a complex legal process that involves more than just you and your spouse. Any agreement will also need to address things like child custody (if applicable), alimony, and other factors. 

A common point of dispute among divorcing couples is the division of assets between the parties. Using a skilled attorney can help simplify this process, which Illinois law refers to as the distribution of marital property.

What is Marital Property?

Illinois law defines “marital property” as any assets you or your spouse acquired after getting married, including debts or other obligations.

Marital property does not, however, automatically include assets that were:

• Received as gifts or part of an inheritance

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