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.  

Continue Reading ››

 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

Continue Reading ››

 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.

Continue Reading ››

 Posted on October 31,2024 in Asset Valuation

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.

Continue Reading ››

 Posted on October 24,2024 in Prenuptial Agreement in Illinois

Both prenuptial and postnuptial agreements are legal, binding contracts that are meant to protect the interests of both spouses in the event of divorce, separation, or even death. While both agreements serve a similar purpose, depending on your specific situation, one might have benefits over the other.

Both types of agreements can help set expectations as well as prevent asset disputes between the spouses. If you and your soon-to-be spouse are considering a premarital agreement, speaking to a knowledgeable Wheaton, IL family law attorney from Andrew Cores Family Law Group is beneficial. The same holds true for a postnuptial agreement.

What is a Premarital or Prenuptial Agreement, and What Are the Benefits?

A prenuptial agreement is drawn up and signed by both parties before the marriage takes place. The couple determines how their assets will be divided if their marriage ends. While a prenuptial agreement is accepted in all 50 states, each state may vary in its requirements and interpretation.

Continue Reading ››

 Posted on October 18,2024 in Divorce

Divorce is rarely easy, and the aftermath of divorce can be challenging for all those involved. Family ties can be strained to the breaking point, including the relationship between parents and children and the relationship between divorced spouses who must cooperate for the good of the children. Issues like parental alienation, high conflict divorce, or situations where the bond between a parent and child has been seriously strained may benefit from a type of therapy known as reunification therapy.

In some instances, the court may order reunification therapy when a child refuses to spend time with one parent. If you believe reunification therapy could help your family get past some of the challenges the divorce has produced, speak to a Wheaton, IL family law attorney from Andrew Cores Family Law Group. Your attorney can help you find a legitimate therapist who is skilled in reunification therapy to help your family get back on track.    

Continue Reading ››

 Posted on October 15,2024 in Child Support

If your job requires a demanding or irregular work schedule, could your spouse use this against you during the allocation of parental responsibilities? Could your work schedule harm your ability to obtain parenting time? At least 10 percent of the workforce is assigned to irregular or on-call work shift times, and another 7 percent work split or rotating shift schedules.

Irregular work schedules impact those in professional positions, such as doctors and nurses, as well as those in low-income jobs like agricultural workers. Workers with irregular or demanding work schedules often report experiencing work-family conflict. Those who are required to work regular overtime hours can also experience work-family conflict, particularly those with very young children and single parents.

Continue Reading ››

 Posted on October 08,2024 in Division of Assets

Dividing assets, including one spouse’s professional practice, can further complicate an already complex divorce. Although Illinois is an equitable distribution state, a professional practice that existed before the marriage may be considered a separate asset. If it was created during the marriage, then at least a portion of it will likely be considered a marital asset.

The difficulty lies in the fact that professional practices are often an extension of the professional practitioner – making it difficult to calculate a monetary value. If you or your spouse has a professional practice, a knowledgeable Wheaton, IL divorce lawyer with significant experience in valuing and protecting professional practices can be crucial.  

Continue Reading ››

 Posted on October 03,2024 in Marital Property

A recent article in the Wall Street Journal may be causing concern for some spouses. The article discusses a super-wealthy couple going through a divorce. The wife - intending to remain in the couple’s 50,000-square-foot property during the divorce - was shocked to find that the house and virtually all of the couple’s assets were part of a network of secret trusts and LLCs.  Since the wife was not listed as a beneficiary of the trust the house was in, she was not entitled to live there, and the property was not a part of the marital estate.

During the divorce, the husband went on a high-end shopping spree, buying up millions of dollars of real estate that he then placed in LLCs – out of the reach of his wife.  He also bought million-dollar homes to "gift" to his adult son. This situation reflects a growing trend in which those with financial means use secret trusts, prenuptial agreements, gift strategies, and LLCs to shield high-end real estate in the event of a divorce.

Continue Reading ››

 Posted on September 30,2024 in Divorce

Divorce and what causes it are highly personal issues for most people. In some cases, it is not one big event that leads to divorce; rather, as the years pass, a couple grows apart, finding they have little in common. For some, money is the issue. Perhaps there is never enough money, or the spouses have vastly different ideas on how to spend marital money. In other marriages, arguments over in-laws or how to raise the children eventually occur so often that divorce seems to be the only path forward.

Many couples will face at least one of the three "A"s – abuse, adultery, and addiction. These issues are often so serious that divorce can seem inevitable. Whatever the reason you and your spouse no longer choose to be married, having an experienced Wheaton, IL divorce attorney as your legal advocate can make the process much less stressful. When you know you have someone watching your back who cares about your future, the path forward seems much more attainable.

Continue Reading ››