Posted on May 30, 2023 in Alimony/Spousal Support

Divorce is a complicated affair and often involves addressing a range of emotional and financial concerns, including alimony, also known as spousal maintenance or spousal support. Alimony is one of the most contentious issues during divorce since a spouse may be unwilling and unhappy about making payments to their ex-husband or ex-wife. However, there are several situations where alimony is necessary, and divorcing couples need to understand how alimony laws apply to their specific case.

Who Can Recieve Alimony? 

Divorcing spouses can negotiate the terms of alimony and reach their own agreement regarding the duration and amount of alimony to be paid. Alternatively, a spouse can petition the court for a sposual maintenance award. If the decision is left up to the court, the court will consider the following factors when deciding whether alimony is appropriate in a divorce case: 

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 Posted on May 24, 2023 in Paternity

According to Illinois law, biological fathers are not automatically considered legal fathers of their children if they are not married or in a civil legal union at the time of the child’s birth. This is the case even if both parents live together or plan to marry. In other words, a father will not have grounds to pursue custody until he establishes paternity. 

If you wish to establish paternity in DuPage County, Illinois, here are some ways you can do so:

Acknowledgment of Paternity 

If both parents agree on the biological father's identity, they can sign a Voluntary Acknowledgment of Paternity (VAP) form. This can be done right after the birth of a child at the hospital so that the father’s name can be added to the birth certificate after the form is filed through the DHFS.

Besides the hospital, you can also get a VAP form from the Department of Human Services, a County Clerk, or a local child support facility. 

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 Posted on May 19, 2023 in Asset Division

Couples in a high-asset divorce case have a lot to lose. If they own a business or a stake in a business, they need to hire divorce lawyers who are proficient in business valuations. The process requires an accurate account of the entire marital estate. While assigning values to non-complex assets such as furniture and vehicles is simple, assigning one to complex assets such as business interests requires professional legal aid.

When a Business Is Considered a ‘Marital Asset’

The state of Illinois uses 'equitable distribution' to divide property between spouses during a divorce. This means both parties receive a fair and equitable portion of marital assets. If a business was founded while the couple was married and before they were legally separated or divorced, it is likely considered a marital asset.

However, if either party owned a business before marriage, some of their business assets may also be considered marital property. Additionally, business interests stemming from the non-marital property can be converted into marital property if they are commingled with other family-owned assets. This includes shared accounts which are used to manage business and family finances.

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 Posted on May 17, 2023 in Collaborative Law

Divorce and child custody battles can lead to strong emotions and heated arguments. This is where a collaborative process can prove invaluable. Using collaborative law, both sides can work amicably to come to non-adversarial decisions without court intervention. Resolving a divorce or family law dispute through collaborative law can be financially and emotionally easier on all involved in the divorce.

What Is a Collaborative Divorce?

In a collaborative divorce, each involved party retains an attorney representing their interests. During this process, information is exchanged voluntarily, and settlement meetings are held to discuss and finalize agreements on key issues.

This model aims to develop an agenda so both parties can have control over the divorce process. Here are some things you should know about the process:

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 Posted on May 09, 2023 in Prenuptial and Postnuptial Agreements

No one enters a marriage thinking it will end one day. But a divorce can be financially devastating if you are not prepared. If you wish to get married or are already in wedlock, a formal marital agreement with your current or future spouse can protect your assets. Two of these agreements are called prenuptial and postnuptial agreements.

What Is the Purpose of Prenuptial and Postnuptial Agreements?

Post and prenuptial agreements are legally binding documents you can enter into with an existing or future spouse. The agreements allow couples to protect their assets and interests from uncertainties resulting from divorce or death.

Without either agreement, the couple's assets are distributed as per Illinois laws. So drafting an agreement before or after marriage can protect you and your family from expenses and complex legal proceedings.

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 Posted on May 03, 2023 in Mediation

When you are going through a divorce, the best case scenario is an amicable split in which both parties can work together and reach a mutually beneficial agreement. However, this is not always possible. As you consider your options, consider the following information about divorce litigation and mediation.

Litigation vs. Mediation 

Irrespective of which path you choose, you and your spouse will face the same core issues: child support, alimony, allocation of parental responsibilities, parenting time, and asset division. The approach and process differ depending on the option you choose.

During the a divorce trial, both parties are on opposing sides. Each has a lawyer who presents their case and supporting evidence to convince the judge to rule in their favor. The ruling is left to the judge, which is final unless it is appealed. It should be noted that few divorce cases make it to trial. In most cases, the parties are able to reach a settlement during the litigation process. However, it is important to be prepared for this possibility.

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 Posted on April 29, 2023 in Divorce

Divorce can be highly stressful, and when people are stressed, they can easily make mistakes. Throw intense emotions into the mix, and the chance of making a mistake increases significantly. Unfortunately, these mistakes can have long-lasting consequences, both financially and emotionally. If you are getting a divorce, hire a skilled divorce attorney to understand your legal options, as well as the implications of your divorce and what it may mean for the future.

Avoid Making These Mistakes When Getting Divorced

Here are some of the biggest mistakes people make while getting divorced, including:

• Failing to hire an experienced divorce attorney – One of the biggest mistakes people make during a divorce is not hiring an experienced divorce attorney. Divorce can be a complex legal process, and an experienced attorney can help you navigate the legal system, ensure your rights are protected, and help you achieve a favorable settlement.

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 Posted on April 27, 2023 in Child Custody

Creating a parenting plan is an essential part of the divorce process for parents in Illinois. A parenting plan outlines how you and your ex-spouse will share parental responsibilities and parenting time. However, creating a parenting plan can be difficult, and there are mistakes that you should avoid making to ensure the best outcome for your children and family. As you embark on creating your parenting plan, consult with an experienced family law attorney, who will help ensure you complete your parenting plan successfully.

Mistakes to Avoid Making

Here are some common mistakes to avoid making when creating your parenting plan in Illinois, including:

• Not considering the child’s best interests – When creating a parenting plan, the child’s best interests should be the primary consideration. This means considering the child’s age, health, education, and emotional needs. Ensure that your parenting plan is designed to meet your child’s needs, not just yours.

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 Posted on April 26, 2023 in Asset Division

When going through a divorce, one of the most important steps is to ensure that all assets are identified and properly divided. However, some spouses may attempt to hide assets in order to avoid having to divide them in the divorce settlement. If you suspect that your spouse may be hiding assets, there are several steps you can take to uncover them. First, remember to hire a divorce attorney to ensure you understand your rights and the options at your disposal.

Take These Steps Now

The first step is to gather financial records and documentation. This can include bank statements, tax returns, investment account statements, and any other financial documents that may be relevant. Look for discrepancies or unusual transactions that indicate that your spouse is hiding assets.

Next, strongly consider hiring a forensic accountant or financial investigator. These professionals are trained to uncover hidden assets and analyze financial records to identify irregularities or discrepancies. They may also be able to provide testimony in court if needed. You can also consider hiring a private investigator. They can help gather evidence of your spouse’s financial activities, such as bank account information, property ownership, and other financial records.

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 Posted on April 21, 2023 in Child Custody

A parenting plan is a crucial document that outlines how parents will care for their children after a divorce or separation. In the state of Illinois, parenting plans are required in all cases involving children. Despite their importance, many things need clarification regarding Illinois parenting plans that can lead to confusion and misunderstandings. Recently, we wrote a blog about the signs a parenting plan may need to be updated. Today, we will look at the most common misconceptions regarding parenting plans in Illinois.

Remember, if you have questions about creating a parenting plan, contact an experienced child custody attorney to ensure the process is followed correctly and meets the needs of all parties involved.

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