Recent Blog Posts
What Documents Will I Need During My Divorce?
There is an old saying that says failing to prepare is preparing to fail. When it comes to divorce, this old saying rings especially true. When preparing for Illinois divorce proceedings, gathering and organizing all necessary documents is crucial to ensure you are ready for your divorce. While the specific documents required may vary depending on your jurisdiction and circumstances, there are some common documents that are typically needed during a divorce, which your lawyer can help ensure that you have ahead of time as part of your divorce checklist.
Documents to Prepare When Finalizing a Divorce
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Financial documents – It is crucial to gather financial documents to determine the division of assets, debts, and financial responsibilities. These documents may also include bank statements, tax returns, pay stubs, investment statements, retirement statements, mortgage statements, credit card statements, and any other relevant financial records.
How to Act in the Courtroom During a Nasty Divorce
Courtrooms tend to be stress-inducing environments for many reasons. During a divorce, especially a contentious and high-conflict divorce, courtrooms can turn into battlegrounds very quickly. However, that does not mean it is ok to act out or present yourself in a way unbecoming of the court just because the situation is stressful. Always maintain composure and act professionally while in the courtroom, regardless of what transpires in your divorce case. A lawyer in Illinois experienced in divorce cases is a great resource as you prepare for court appearances.
How to Help Ensure a Smooth and Respectful Courtroom Experience
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Dress like a lawyer – First impressions mean everything in court. Dress as if you are the attorney and not the person getting divorced. Of course, dressing like a lawyer means dressing in a professional manner. Preferably conservative business attire that reflects your seriousness about the proceedings taking place. Avoid wearing anything provocative or inappropriate that may negatively impact your credibility.
Can a Lawyer Ensure My Divorce Decree is Legally Binding?
Divorce in Illinois is a process that involves many complex steps, so ensuring that your divorce decree is legally binding is crucial for a smooth transition into a new chapter in your life. While it is possible to navigate the divorce process independently, seeking the assistance of a skilled divorce lawyer can provide peace of mind that your divorce decree holds legal weight and will be enforceable. Let us discuss how hiring and obtaining a lawyer's representation can help ensure your divorce is completed in a thorough and legally binding manner.
Understanding the Divorce Decree
A divorce decree is a final legal document that outlines the terms and conditions of the divorce settlement. It covers important aspects such as child custody, property division, and spousal support. This decree is typically issued by the court and becomes legally binding upon both parties involved. However, it is essential to remember that the divorce decree must comply with the laws and regulations of the jurisdiction in which it is filed.
When Are Psychological Evaluations Relevant in a Divorce?
Divorce cases can be very emotionally heated, often involving disputes over child custody, visitation rights, and more. In certain situations, psychological evaluations can be crucial in providing valuable insights into the mental health and well-being of the parties involved in the divorce case. If you are getting an Illinois divorce and believe a psychological evaluation may be relevant to your case, discuss with an experienced lawyer your concerns, as an attorney with knowledge in family law cases will be an excellent resource to talk to as you look to determine whether psychological evaluations are appropriate for your case.
How May Assets Be Hidden in a Divorce?
Divorce proceedings tend to be high stakes, high stress, and high drama, especially when one party attempts to conceal assets. Hidden assets can significantly impact the outcome of a divorce settlement, resulting in a distribution of property that does not accurately correspond with the financial situation of the couple involved. If you think your spouse is hiding assets, share your concerns with your lawyer. An experienced lawyer will be helpful in ensuring that hidden assets can be uncovered and that, ultimately, a fair distribution of assets can be achieved during the divorce proceedings.
Deliberately Undervaluing Assets
In Illinois divorce proceedings, a common way assets can be hidden during divorce is by undervaluing them. This tactic involves intentionally underestimating the worth of real estate, businesses, or investments. Parties may provide inaccurate appraisals or manipulate financial records to downplay the value of their assets. To combat this, it is essential to consult with professionals such as forensic accountants who specialize in asset valuation and can accurately assess the true worth of these assets.
Will Getting Divorced Mean I Will Lose My Business?
Divorce is often a challenging and psychologically draining experience. A situation that can be particularly difficult is when a business owner is going through a divorce. Dividing complex assets like a business can bring profound anxiety to any business owner, as an important question lingers: Does getting a divorce mean I will lose my business? The good news is that getting a divorce does not guarantee you will lose your business. However, if you are a business owner getting divorced, it is essential to understand that various factors come into play when determining the fate of a business in divorce proceedings.
If you are a business owner getting divorced, contact a lawyer to guide you through the divorce process and help you protect your business from the uncertainty of a divorce.
Can an Illinois Divorce Settlement Be Appealed?
Divorce proceedings are often life-changing for all individuals involved. Once a divorce settlement is reached, one might assume that the legal battle is over. However, it is possible to appeal a divorce settlement in Illinois in certain circumstances. Today, we will explore the grounds for appealing a divorce settlement, the processes involved, and the factors the court considers when deciding whether to grant an appeal. If you are interested in appealing a settlement or are in need of legal counsel in your divorce, contact a qualified and able lawyer to ensure you have the legal aid you need to fight for a favorable outcome in your case.
Grounds for Appeal
To appeal a divorce settlement in Illinois, the party seeking an appeal must establish that there are valid grounds for doing so. The most common grounds for appeal are errors of law or fact, fraud, coercion, or newly discovered evidence. Errors of law can occur when the court misapplies the law or fails to consider relevant legal principles. On the other hand, errors of fact involve the court’s incorrect interpretation of the evidence presented during the divorce proceedings. Fraud and coercion, if proven, can also invalidate a divorce settlement. Finally, newly discovered evidence that could not have been reasonably discovered during the original proceedings may also be grounds for an appeal.
Navigating College Expenses After an Illinois Divorce
Divorce can have a significant impact on the financial aspects of supporting your child’s higher education. Today, we will explore how college expenses are typically managed after an Illinois divorce, including the role of child support and how it can be extended to cover college education costs, even for non-minor children. If you are concerned with how your divorce may affect your child’s ability to seek a college education, contact a divorce attorney to get the help you need during this consequential time in your life and your child’s.
Understanding Child Support and College Expenses
In Illinois, child support obligations typically end when the child turns 18 or graduates from high school. However, as part of a divorce settlement, parents may choose to negotiate and include provisions for college expenses. This ensures that both parents contribute to their child’s education, even after the traditional obligation of child support ends.
Should I Sell My Business if I Am Getting Divorced?
When someone gets a divorce, emotional and financial considerations often play a role in the handful of decisions made throughout the proceedings. What to do about significant assets often plays a major role in the divorce of many couples. Of all the significant assets a couple may possess, few are more complex than a business. If you own a business and are getting divorced, the question of whether you should sell the business will likely arise at some point. Such decisions require careful consideration of various legal aspects and their potential implications.
Today, we will examine the factors to consider when deciding what you should do about your business. Discuss these factors with your divorce attorney and listen to their professional opinion as to how you can wisely move forward and make a decision that is right for you.
Get an Idea of What the Business is Worth
Of course, you need to determine its value accurately before you can think about seriously selling your business. There are a couple of different ways to approach the valuation of a business. You may decide to use the market approach, the income approach, or the asset approach. Depending on the circumstances of your situation, you can take a look at each approach and decide what is best for you and your business. That is if you do decide to sell. Even if you are still deciding whether to sell, it may be wise to see what your business is worth. Knowing its worth may make the decision simpler to make.
Should You Fight for the Marital Home in an Illinois Divorce?
One of the most significant assets to consider during a divorce in Illinois is the marital home. Deciding whether to fight for the home requires careful consideration of various factors, including financial implications and emotional attachments. Today, we will dissect several key considerations to help you make an informed decision about whether to retain the marital home during an Illinois divorce. As with other divorce matters, discuss your questions and concerns with your divorce lawyer, as they will have the knowledge to help you make the most informed decision possible.
What Does Equitable Distribution Mean in Illinois?
Illinois law does not call for the equal division of assets. Instead, the state goes by the equitable distribution principle, which means the court aims to divide the assets instead of exactly equal. Different factors contribute to what the court regards fairly to mean, such as the duration of the marriage, each spouse’s contribution to the acquisition of the property, and the financial circumstances of each party.