Posted on May 31,2023 in Illinois Divorce

As a stay-at-home parent approaching a divorce proceeding, you likely have many questions about how divorce will affect you. It is essential to have a clear understanding of your legal rights and responsibilities to ensure that the process goes as smoothly as possible. Today, we will discuss considerations for stay-at-home parents going through a divorce and how topics like spousal support and child custody may affect you and your situation. Regardless of whether you are a stay-at-home parent, hire a divorce lawyer to direct you through the process while always advocating for your legal rights.

Child Custody Considerations for a Stay-at-Home Parent

In cases where parents cannot agree on a parenting schedule, the courts in Illinois will step in and prioritize the child’s best interests when making custody decisions. In many cases, since the stay-at-home parent spends the majority of the time taking care of the child and their needs, the court will likely consider this as they look to allocate parental responsibilities to each parent. The court will likely wish to interfere in the child’s life as little as possible, which may, in turn, favor the stay-at-home parent since so much of the child’s routine will likely be associated with that parent. However, every case is unique, and other factors, such as the child’s relationship with each parent, will also be considered.

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 Posted on May 26,2023 in Illinois Divorce

Going through a divorce can be a stressful time in anyone’s life, but what many people do not realize is that it can also drastically affect their taxes. Therefore, if you live in Illinois and are considering a divorce, it is critical that you understand the tax implications that may arise as a result of your divorce. In any event, if you are considering divorce, contact an experienced divorce lawyer to get the process started and to learn more about how you can protect your financial future as you go through your divorce.

Here Are the Ways Your Divorce Can Affect Your Taxes

When it comes to taxes, the most significant financial issue in a divorce is typically property division, child support, and spousal support payments.

Property Division

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 Posted on May 10,2023 in Illinois Divorce

In Illinois, the division of assets in a divorce follows the principle of equitable distribution, meaning that marital assets are divided in a fair and just manner. When it comes to inheritance, matters become a little more complicated. An essential question that must be answered is whether inheritances are considered marital or non-marital property. Well, in the majority of cases, inheritances are treated as non-marital property, but not always. Discuss with your divorce attorney whether this inheritance is marital or non-marital property, as it will likely depend on a couple of key factors that you can discuss with your attorney.

Here is What to Know About Inheritances and Divorce

First, it is essential to identify the nature of the inheritance. Illinois law defines separate or non-marital- property as anything acquired before marriage, inherited or gifted to one spouse, kept separate from marital assets, or obtained through non-marital sources like personal injury settlements. Thus, if your husband inherited the money before your marriage, it is unlikely to be considered marital property unless he commingled it with marital funds. However, if he inherited the money during the marriage, there is a chance it may be subject to equitable distribution.

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 Posted on May 04,2023 in Family Law

Divorce can be an emotionally traumatic experience for children that they may struggle to comprehend fully. It can be particularly difficult for divorcing parents going through a contentious divorce to help their children with everything that is going on, which may lead to further complications with the children, making the entire situation even more difficult. If you are a parent getting divorced and are concerned with how you can help your child cope with the situation, consult with a family attorney, as an experienced family lawyer will likely have past experience helping families and will have advice on how to improve the situation.

Tips on Helping Your Kids Get Through This Difficult Situation

Here are tips on how to proceed, including:

• Speak to them openly and in an age-appropriate manner – It is essential to be transparent and help your child understand the concept of divorce. Sit them down and explain to their level of comprehension the events that are happening. Please be advised to avoid engaging in degrading verbal tirades regarding your spouse, and their parent. Children often interpret a parent badmouthing another parent as a reflection of them. This can lead to lifelong emotional trauma.

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 Posted on April 28,2023 in Child Custody

Child custody disputes during a messy divorce can be emotionally challenging for parents and children. The Illinois court system aims to prioritize the child’s best interests when determining custody arrangements, but child custody disputes can be complicated and challenging to navigate. That is where a skilled and experienced lawyer can be invaluable.

Common Challenges in Child Custody Disputes

When divorcing couples battle over child custody, they often face many complex issues, including parental alienation, false allegations, and divergent parenting styles. Through parental alienation, one parent may attempt to separate their offspring from the other, consequently damaging both relationships irreparably. False accusations of abuse can equally be destructive emotionally and legally in court cases regarding children.

When parents have distinct perspectives on parenting their children, it can lead to tension between them and make reaching a consensus difficult.

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 Posted on April 24,2023 in Illinois Divorce

During a divorce, both parties must be transparent about their assets--particularly businesses. However, some spouses may attempt to deceive or minimize the value of their business investments to gain an unfair advantage during settlement negotiations. If you sense your partner is lying about the extent of their corporate property, taking action without delay can be vital for safeguarding your rights and interests.

Legal Requirements for Asset Disclosure in Illinois Divorce Cases

Every divorce must fully disclose all assets, income, and liabilities in the marriage. This mandate is critical to achieving an equitable settlement since it guarantees that both parties will accurately grasp their financial circumstances. Whether those resources are shared or held separately, complete transparency is necessary for a successful resolution.

Failing to disclose assets can result in serious consequences, such as financial penalties, sanctions, and even contempt of court charges. The court may also alter the divorce decree once concealed assets are disclosed.

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 Posted on April 17,2023 in Illinois Divorce

Divorce is never easy, but the process can become even more complicated when business interests are involved. Whether you own a business, have a partnership, or are involved in other types of complex financial or business arrangements, hiring a skilled and experienced lawyer to guide you through the legal process is essential.

In this blog post, we will discuss some of the most challenging legal issues that arise in divorce and business cases in Illinois.

Business Division: Protecting Your Interests

When a couple divorces, dividing assets can be a complicated process, especially if a spouse owns a business. Business interests may be divided as part of the marital estate. In some cases, one party may have owned the business before the marriage or inherited it during the marriage. In these situations, it is crucial to identify the value of the business and the portion that should be considered marital property.

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 Posted on April 06,2023 in Child Custody

The end of a marriage can be a tough time, compounded by the stress and emotion associated with child custody. Understanding Illinois' laws regarding how child custody is decided is crucial to navigating this turbulent process with clarity and poise. To help you guide you through these murky waters, we will discuss key Illinois legislation on the subject and offer helpful tips for preparing for legal disputes over custodial rights.

Legal Standards for Child Custody in Illinois

In Illinois, the legal standard for determining child custody is the child's best interests. The court will consider a variety of factors when making a custody determination, including:

• The wishes of the child, if they are of an appropriate age and maturity to express their preferences

• The mental and physical health of all parties involved

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 Posted on March 29,2023 in Family Law

A prenuptial agreement is a legal document that couples sign before they get married, which outlines how they will divide their assets and debts if they get divorced. While it may not be the most romantic topic to discuss before a wedding, creating a prenuptial agreement can be a wise decision for many couples.

Before you draft a prenuptial agreement in Illinois, there are some important factors to consider.

Discussing the Prenuptial Agreement with Your Partner

One of the most critical factors to consider when creating a prenuptial agreement is communication with your partner. Discussing the prenuptial agreement openly and honestly with your partner is essential. You should explain why you believe a prenuptial agreement is necessary and listen to your partner’s concerns and opinions. Remember, the prenuptial agreement is not just about protecting your assets, but it is also about protecting your partner’s interests.

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 Posted on March 20,2023 in Illinois Divorce

Divorce can be a difficult and stressful process, and the last thing you want is to be hit with unexpected tax obligations after the fact. If you are going through a divorce, considering your decisions’ tax implications before finalizing a settlement is essential.

Below are some key tax issues that arise during an Illinois divorce and offer tips for minimizing tax obligations.

Tax Implications of Divorce in Illinois

Divorce can have significant tax implications, particularly regarding property division, alimony, and child support.

Here is an example to put this into perspective. Under current Illinois laws, spousal maintenance payments are not tax deductible for either the payer or the recipient. This means that the payer will bear the full tax burden of these payments, which may lead to them seeking a lower maintenance payment amount. Without the benefit of a tax deduction, paying spousal maintenance can be a significant financial burden.

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