Posted on December 09,2021 in Divorce

Many spouses find themselves at loggerheads during the asset division part of their divorce. The truth is that, no matter how well-intentioned they may be at the beginning of the process, spouses usually struggle to find a division of marital assets that feels fair. And it is not just couples who insist on fairness in their divorce; Illinois law requires assets to be divided equitably. 

Although frustration or anger during the asset division process may make spouses want to conceal assets from each other, doing so can carry serious consequences. If you are getting divorced and have considered hiding your assets, think again. Here are three major consequences that could be faced by someone who hides assets before or during a divorce. 

Contempt of Court and Perjury

If a spouse is in a deposition and lies about property ownership in front of a judge, the spouse can face several charges. Lying in court is called “perjury,” which is a punishable crime. A judge may also find the spouse to be in criminal contempt of court for impeding or obstructing the court, which in serious cases can result in criminal charges and a trial. If someone has been accused of hiding assets and they refuse to testify in court, they may also be held in contempt. Criminal convictions will be placed on a spouse’s criminal record. 

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 Posted on December 02,2021 in Divorce

Parents in Illinois who have gotten divorced and created a parenting plan may later realize that they never reached an agreement or even discussed what to do if one parent wanted to travel out of the country with their child. International travel can be a great experience to share with a child, but before taking a child abroad, it is very important to address any legal issues or concerns from the child’s other parent. International travel may involve certain risks, and if a parent fears that such travel will have negative consequences, they may try to put a stop to it. If you are planning on traveling abroad with your child and want to know how to prepare yourself, the following information may be helpful to you.

Obtaining a Passport for Underage Children 

Whether a child’s parents are divorced or still married, an underage child must have both parents’ consent to apply for a passport if they are under the age of 16 (children who are 16 and 17 can apply for passports themselves). Unless parental responsibilities have been assigned to just one parent, both parents must be present during the passport application. If only one parent is responsible for the child, that parent must provide evidence proving that the other parent does not need to be present or give their consent. 

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 Posted on November 30,2021 in Child Support

Child support is understandably one of the most contentious elements of divorce. Parents who receive child support often feel as though the funds are insufficient for the needs of the children, or fear they will struggle to provide if the paying parent fails to meet his or her obligations. For the parent who is responsible for making child support payments, he or she often worries that the children’s needs are being neglected while the receiving parent buys things for themself. 

Illinois law allows parents receiving child support wide leeway when deciding how to spend the money. Unfortunately, however, there are parents who neglect their children’s needs because of frivolous spending on themselves. In situations like this, legal remedies are available. 

Legitimate Child Support Expenditures

Child support is intended to ensure children have what they need to grow up healthy and whole, and the parent who receives child support is responsible for using that money to meet the child’s needs. Food, clothing, and medical expenses are absolute necessities and the failure to provide these can result in serious harm to a child’s wellbeing. 

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 Posted on November 23,2021 in Spousal Support

Sometimes called “alimony” or “spousal maintenance,” spousal support is money paid from one spouse to the other during or following divorce. Spousal support is not always awarded, but it can be a crucial financial lifeline for people after divorce, especially homemakers who withdrew from the workforce to raise a family. 

Spousal support orders are set for an amount and duration that are appropriate to the circumstances. However, each party’s circumstances can change in a way that warrants modifying support payments. If you are making or receiving spousal maintenance payments, it is useful to know which circumstances require or allow a change in payments. 

Substantial Change in Circumstances

A change in spousal support requires a substantial change in circumstances and many different situations can qualify. To begin with, if the party receiving spousal support gets married again, moves in with a new partner, or dies, spousal support payments stop. In fact, an individual who is receiving payments can be faced with legal consequences if they fail to notify the paying party that they are cohabiting with, or married to, a new partner. 

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 Posted on November 19,2021 in Divorce

Although spouses may get divorced with the hope that they will no longer have to deal with each other in the future, for many couples this is simply not true. Responsibilities towards children can require parents to interact together for many years, and spousal maintenance - formerly known as alimony - can do the same. Illinois law allows for several types of spousal maintenance, and how long spousal maintenance will last depends on the unique circumstances of a couple’s divorce. 

Types of Alimony in Illinois 

There are three primary kinds of spousal maintenance in Illinois: 

• Temporary or interim maintenance - Frequently awarded to homemakers who have no income of their own, temporary maintenance is ordered while a divorce is ongoing. Temporary maintenance can cover the cost of running a household and raising children, and can also include the cost of a spouse’s attorney. 

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 Posted on November 16,2021 in Divorce

A primary obstacle for many people seeking divorce is the potential expense. This is especially true for those who work as a homemaker and do not have an income of their own. Being a homemaker entails endless work, but it does not come with formal pay, and the prospect of hiring a divorce attorney may therefore seem simply out of the question for homemakers in Illinois. 

Fortunately, there are things you can do as a homemaking spouse to pursue divorce, even without an income of your own. You do not have to stay trapped in an abusive or untenable relationship forever. Here are some tips for stay-at-home parents considering divorce in Illinois. 

Start Preparing Now

Although you may not be earning an income, you likely have access to your and your spouse’s shared finances. Even if you do not, the time before the divorce is a great time to begin understanding what you and your spouse have in terms of assets and debts. Many resources allow you to check your credit for free, and although taking out debt may not be optimal, credit cards or lines of credit can give you access to money if you need it.

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 Posted on November 11,2021 in Divorce

Some states divide marital property 50/50, giving both assets and debt equally to each spouse following divorce. Illinois, however, is what is known as an “equitable distribution” state. This means the law requires marital property to be divided in a way that is fair, but not necessarily equal. Many factors, such as the length of the marriage and each spouse’s future earning potential, will affect how property is divided. 

Understanding how the principle of equitable distribution is likely to affect the division of marital property in your divorce is an important part of planning for the future. In this blog, we will give a general overview of the property division process. A qualified Illinois divorce attorney can answer any further questions you have.

Preparing for the Property Division Process

Spouses who are getting divorced can make the process go faster and more smoothly by collecting necessary documents as early as possible. If one spouse is likely to make the divorce process difficult, it may be wise to obtain documents before even filing. Both spouses will need to create a list with supporting evidence that details their property and debts. This includes, but is not limited to, the following documents: 

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 Posted on November 08,2021 in Family Law

Most parents feel that having children around for the holidays makes these special days even more magical. For parents who are going through a divorce, the prospect of not spending all the holidays with their children can be difficult to even think about. Figuring out a parenting plan that divides parenting time during the holidays might seem all but impossible. 

Parents who are struggling with this situation can take heart in knowing that many people before them have successfully managed to create parenting plans and new traditions that work well for everyone. Children will appreciate the predictability of a consistent parenting-time schedule and parents generally find that children adjust surprisingly well. If you are navigating holidays for the first time during or after a divorce, here are some tips to help ease the transition. 

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 Posted on October 27,2021 in Legal Separation

Preparing to end your marriage is a serious decision that requires careful planning and analysis. Some couples who are unsure whether the relationship is completely over consider a temporary legal separation, rather than ending the relationship with a divorce. Before you make up your mind, it is essential to understand how legal separation and divorce differ in Illinois, as well as the potential benefits and drawbacks of both.

Divorce

The most important difference between divorce and legal separation is that divorce is final, while legal separation is not. Once a couple is divorced, each partner is free to get married again. For couples who are certain that their relationship has dissolved beyond the possibility of recovery, divorce is likely the best option.

During their divorce, couples must divide financial assets and debts, and resolve important issues like child support and parenting time. This is also true of legal separation, but the divorce process also provides the option of freezing assets due to a partner’s dissipative behavior or other financial risks.

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 Posted on October 19,2021 in Division of Assets

After a couple is married, combining finances, managing budgets, and running a household for many years is a very challenging endeavor and it will likely come as no surprise to most people that financial disagreements are one of the most common reasons couples in Illinois get divorced.

During the divorce process, marital assets must be divided and distributed. As with marriage, finances during divorce can be a very contentious subject. This can be especially true when one spouse is a spendthrift, has substance abuse problems, wantonly gambles, or otherwise wastes a couple’s assets. In cases like these, a temporary financial restraining order (TRO) may be necessary.

What Is a Temporary Financial Restraining Order?

Some states have automatic financial restraining orders that kick in once someone files for divorce. But in Illinois, a spouse must apply for a TRO. A TRO allows spouses to ensure the other spouse does not waste marital property during the divorce process. Many high-net-worth couples use TROs, but anyone can get one if they are filing for divorce and are worried their spouse will be reckless with finances.

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