Posted on December 17, 2024 in Alimony/Spousal Support

Divorce can bring financial uncertainties, especially if one spouse relied on the other for financial support during the marriage. Alimony, or spousal maintenance, is supposed to provide financial assistance to a spouse who may need support to transition to financial independence after getting divorced.

In Illinois, the determination of alimony is not automatic and depends on a variety of factors. If you are considering a divorce, an experienced Illinois family law attorney can help you understand whether alimony might apply in your case.

Who Gets Alimony in Illinois Divorces?

Illinois law does not guarantee alimony to either spouse in a divorce. Instead, the court evaluates a range of factors to determine whether spousal maintenance is appropriate, how much should be awarded, and for how long. These factors include:

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 Posted on December 11, 2024 in Collaborative Law

Collaborative divorce is an alternative to traditional litigation that focuses on resolving disputes through cooperation, negotiation, and mutual respect. This process allows divorcing spouses to work together to reach agreements that are beneficial for both parties and their children. While the goal is to avoid court battles, achieving a successful collaborative divorce often requires the assistance of a skilled team of professionals. Each team member brings unique expertise to help navigate the legal, emotional, and financial complexities of divorce.

Below are some professionals you might consider including on your collaborative divorce team. If you are interested in learning more about this option, speak with an experienced Illinois divorce lawyer.

Collaborative Divorce Attorneys

Although collaborative divorce teams are unique, the one team member that is absolutely necessary is an attorney with experience in collaborative divorce. At Andrew Cores Family Law Group, our head attorney is an experienced divorce lawyer trained in collaborative law who currently serves as a Fellow for the Collaborative Law Institute of Illinois. 

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 Posted on December 05, 2024 in Divorce

Divorce can be a tough and emotional process. Many couples fear they will end up airing their dirty laundry in front of a judge for all to see. Fortunately, mediation can help couples work through disagreements without the stress of going to court. In Illinois, judges often require couples in contested divorces to try mediation before the case can move forward to litigation. An Illinois divorce attorney can guide you through the mediation process and help you understand your rights.

What Is Divorce Mediation?

Divorce mediation is a process where a neutral person, called a mediator, helps divorcing spouses reach agreements on important issues like dividing property, parenting time, and support. The mediator does not make decisions but helps guide conversations so both sides can work toward a solution.

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 Posted on November 27, 2024 in Divorce

Divorce cases in which one spouse separately owns a business can create complications when the business’s value substantially increases during the marriage. While business valuations can be complex enough when the business is being divided between the spouses, a separately held business offers its own set of challenges.

One or both spouses owning a business is far from uncommon. A 2022 survey found that almost 300,000 businesses across the United States were jointly owned and operated by spouses, representing more than 10 percent of all U.S. businesses. There are no hard statistics on how many businesses are owned by just one spouse, but the number is likely just as significant.

Illinois is an equitable distribution state – meaning the division of marital assets is fair, although not necessarily equal. A spouse’s separate assets add a new layer of complexity to the issue. Separate assets often become marital assets, even when that is not the intention. If you are concerned about whether a separate asset will remain separate during your divorce, it can be helpful to speak to a knowledgeable Wheaton, IL, family law attorney from Andrew Cores Family Law Group.

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 Posted on November 26, 2024 in Child Custody

Gender bias occurs when a person is discriminated against based solely on his or her gender. In theory, family courts show no gender bias when determining the allocation of parental responsibilities. In reality, this may not always be true. After all, a family court judge is human and has his or her own biases.

These biases are expected to be set aside when making decisions regarding which parent will be designated as the primary residential parent and which will receive parenting time. One study found that mothers are less likely to be believed than men when abuse claims are made and may be consistently held to a higher standard where proof is concerned. A father alleging parental alienation against the mother is two times as likely to be believed than a mother alleging the same, according to that same study.   

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 Posted on November 22, 2024 in Asset Division

Recently, a husband discovered his wife of thirty years had secretly accrued almost half a million dollars in debt. The husband stated that his wife had always handled their marital finances while he focused on his career and brought home the paycheck. While admitting that he "…always felt like things were not quite right," he claimed that while he had a cursory understanding of the couple’s finances, he failed to grasp the severity of the situation.

Once he realized the couple’s bank accounts were frequently overdrawn and that multiple loans had been taken out in his name without his knowledge, the husband decided to take over the handling of the couple’s finances. He said that what he found "horrified" him. The couple was more than half a million dollars in debt, their home had multiple mortgages on it, and all their credit cards were maxed out.

Although the husband decided to stick it out and work on paying off their debt rather than seek a divorce, many spouses would not be so understanding. In fact, money issues are among the top reasons couples divorce, with 36 percent of divorced spouses saying financial reasons were the main cause.

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 Posted on November 19, 2024 in Child Custody

Consider the following scenario: A divorced mom who has been designated as the primary residential parent begins having medical issues a few months after the divorce is final. As the symptoms become worse, the mother makes an appointment with her doctor and, after testing, is diagnosed with multiple sclerosis.

The divorce and allocation of parental responsibilities were not exactly friendly, and the child’s other parent, upon finding out about the medical diagnosis, now threatens to take the mother back to court and ask for a change in parental responsibilities. This has created extreme anxiety for the mom; on top of a serious medical diagnosis, her designation as the primary residential parent could be removed.

While the mom’s medical diagnosis could result in her inability to walk at some point in the future, for now, she is managing well and taking care of the couple’s eight-year-old son just fine. A situation like this can benefit significantly from speaking to a knowledgeable Wheaton, IL parental responsibility attorney from Andrew Cores Family Law Group.  

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 Posted on November 13, 2024 in Divorce

You may have heard the term "complex divorce" without being entirely sure what makes a divorce complex. In general, a complex divorce is one in which at least one spouse is considered "high conflict" or extremely narcissistic or when the couple has significant assets or a business that will be difficult to split.

A complex divorce goes far beyond whether a divorce is contested or uncontested, although that may be one element. A divorce can be uncontested while still containing an array of complicated factors. If you are facing a complex divorce, speaking to an experienced Wheaton, IL family law attorney from Andrew Cores Family Law Group can be beneficial.

What Issues Make Up a Complex Illinois Divorce?

While each divorce is unique in some way, the issues that typically make up a complex divorce include:

• Strong disagreements regarding the allocation of parental responsibilities

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 Posted on November 07, 2024 in Divorce

If your divorce includes stock options or complex forms of executive compensation, your marital asset division will almost certainly be complicated. Undoubtedly, the division of stock options during a divorce adds another layer of complexity to the overall process. Stock options are subject to some of the more convoluted tax laws.

Further, determining whether those stock options are separate or marital property can also be challenging. One spouse may have complex forms of executive compensation like bonuses and preferred compensation that can be just as complex as dividing stock options. A divorce with a complex property division can benefit from having a highly skilled Wheaton, IL, divorce lawyer from Andrew Cores Family Law Group.

How Can Stocks Be Divided During a Divorce?

Illinois is an equitable distribution state rather than a community property state. Marital assets are divided between the spouses based on many different factors and are divided fairly rather than equally. First, the court will determine which assets are separate and which are marital.

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 Posted on October 31, 2024 in Asset Division

When a married couple decides to divorce in Illinois, their marital assets are split under the rules of equitable distribution. A handful of states still operate under community property laws, which means the marital assets are split right down the middle. In equitable distribution states like Illinois, marital assets are split fairly but not necessarily equally. If either spouse owns a business, or if the couple owns a business together, there must be a business valuation in order to determine how it should be split as a marital asset.

While a business is an asset, like a home or a vehicle, it is also a source of income. If the business structure is complex, the value of the business is significant, or there is a dispute regarding the worth of the business, a professional appraisal will be necessary. A neutral appraiser must be chosen, the valuation done, and then division can occur. If you or your spouse own a business, it is important to speak to a knowledgeable Wheaton, IL complex asset division attorney from Andrew Cores Family Law Group.

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