Posted on June 27, 2018 in Asset Division

When two people elect to end their marriage through the divorce process, one of the most important issues that must be settled is how the couple will divide their marital property. If you are considering a divorce, you have probably considered questions such as, “Who will keep our home?” and, “Will I get a fair portion of our retirement savings?” In today’s world, however, more couples than ever before also have digital assets in addition to physical property, and it is important to know how digital assets are treated in a divorce.

What Are Digital Assets?

While the term “digital assets” may be unfamiliar to you, you probably own many things that would qualify as digital assets. Digital assets include e-books, electronically stored versions of songs, and downloadable content. Most digital property has no physical representation of the property in question. Consider, for example, music stored in your iTunes library or the apps on your smartphone. They do not exist anywhere else in the physical world, so they are classified as digital assets.

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 Posted on June 20, 2018 in Divorce

When you are in the midst of a divorce, it is understandable that you might want to vent your feelings and frustrations every once in a while. Some people in such a situation may confide in a close, trusted friend, but others turn to the outlets offered by social media—especially if they believe that the posts will be kept out of public view. Unfortunately, it is often possible for your spouse and his or her lawyer to use your social media posts against you. In the most extreme situations, an ill-conceived or poorly-timed post could even cost you money or time with your children.

What Does Social Media Include?

The majority of people are familiar with the most popular social media networks such as Facebook, Twitter, and Instagram. There are, of course, many other sites and apps like Reddit, Snapchat, and WhatsApp that allow people to interact over the internet. For the purposes of divorce, the term “social media” can also apply to e-mail, text messages, and other forms of digital communication. Messages and photos sent or posted using a cell phone can be considered during a divorce, just as posts made using a desktop computer can.

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 Posted on June 18, 2018 in Finances and Divorce

Divorce is not only a personal decision but also a financial one as well. When a couple has mingled their assets and property through marriage, undoing this entanglement can be quite challenging. There are many things to keep in mind when deciding who will get what during your divorce. Should one of you keep the house or should you sell it? Who will keep which car? Will one of you be required to pay spousal maintenance or child support? Divorce can be costly, both emotionally and financially. During your divorce, make sure to avoid these common financial mistakes.

Letting Pettiness Distract You from Your Goals

Understandably, many divorcing couples struggle to cooperate or even to speak civilly. Marriages that end due to an affair or another breach of trust can be especially hard to end amicably. However, allowing negative emotions to drive your behavior during a divorce can be costly. Some couples end up spending thousands of dollars during divorce litigation arguing over issues that are, in reality, not that important. In order to end your marriage quickly and at minimal cost, you may have to swallow your pride and compromise on some issues.

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 Posted on June 13, 2018 in Child Support

If you are getting divorced or are an unmarried parent, you probably have several questions about child support. It can be hard to know exactly what you will have to pay when you are the parent with less parenting time and equally hard to predict what you will be given in child support payments as the primary custodian. Child support in Illinois is calculated based on the Income Shares Model which takes both parents’ financial circumstances into consideration.

In Illinois, the final support award is "income driven,” meaning the amount a person must pay in child support is based mostly on the income of the parties. For that reason, it is critical that unmarried or divorcing parents understand what can be considered "income" under Illinois child support law and what resources are excluded from the definition of income.

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 Posted on June 11, 2018 in Asset Division

When you decide to pursue a divorce, there are many things to consider. You will need to decide on arrangements for your children, whether to ask for spousal support, and which of you will get to keep certain items that you bought together. But, what about assets that are only titled in your name? Do you automatically get to keep those? The answer is more complicated than a simple “yes” or “no” and requires a more complete understanding of Illinois’ laws regarding marital and non-marital property.

Equitable Distribution

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), the marital property of a couple going through a divorce must be divided in a manner that is fair and just, not necessarily equally. This standard is known as “equitable distribution,” and it is used in 41 states plus the District of Columbia. Before marital property can be divided, however, the couple—or the court—must determine which assets are considered to be marital property.

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 Posted on June 05, 2018 in Prenuptial and Postnuptial Agreements

Prenuptial agreements, or "prenups" for short, are tremendously valuable legal tools that help couples planning to marry protect their assets and plan for their future. Although they have gotten a bad reputation due to outrageous celebrity marriages, prenuptial agreements can be useful to anyone getting married. Unfortunately, some people think that they have signed a legally-binding prenuptial agreement only to find out it is unenforceable during a divorce. There are several ways a prenup can be considered invalid.

A Prenup Must Meet Certain Requirements to Be Legally-Enforceable

Sometimes in movies or television, a character will scribble a contract such a prenuptial agreement on something like a napkin and it is assumed to be legally binding. Although it can be a good plot point for a fictional story, in reality, the courts only recognize prenuptial agreements which are properly constructed and executed. A prenup must be written, signed, and agreed upon by both parties.

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 Posted on May 31, 2018 in Child Support

For the last 40 years, divorced parents in Illinois could be required to contribute toward the college expenses of their children, even after the children have turned 18 years old. Over the years, the law has been amended and clarified to specify that the matter is one related to the finances of the marriage and divorce rather than the direct support of the child in question. In other words, a child cannot file a legal action to get help paying for college from his or her parents, but one parent can ask the court to make the other parent help.

Illinois law does not, however, have the power to force married parents to pay for their child’s college expenses. According to a ruling by a DuPage County judge earlier this month, such a disparity is a violation of the equal protection guaranteed by the Fourteenth Amendment to the U.S. Constitution.

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 Posted on May 24, 2018 in Divorce

Television shows and movies tend to depict divorce as a contentious, messy affair where the spouses can barely stand to be in the same room together. Fortunately, this type of case represents a relatively small number of divorces in real like. For many couples, a divorce may be difficult, but it is not usually a contentious and bitter war of attrition. If you and your spouse agree that a divorce is the best option for you both, you may be able to work together to draft a divorce settlement agreement that largely keeps you out of court and focused on building your new, post-divorce life.

Understand the Context

Illinois law provides that every divorce issued in the state is now granted on the no-fault grounds of irreconcilable differences. This has been the only possible grounds for divorce in Illinois since the beginning of 2016, but it has been the most commonly used grounds for much longer than that. The social acceptance of no-fault divorce has allowed unhappy couples to seek better lives outside of their marriage rather than waiting or looking for a serious issue on which to base their divorce.

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 Posted on May 18, 2018 in Child Custody

When parents cannot agree on how to divide parental responsibilities, including decision-making authority and parenting time, the court is forced to make decisions for them. In doing so, the court will hear arguments and proposals from both parents, but with the understanding that it is nearly impossible for most parents to objectively consider the best interests of their children. Sometimes, the court may even suspect that it is not getting the full story from one or both parents. When this is the case, Illinois law allows a judge to appoint an independent attorney to serve as guardian ad litem (GAL) for the duration of the proceedings.

What Is a GAL?

A guardian ad litem is a licensed attorney who meets certain experience requirements and who has undergone select training related to resolving family law disputes. Each county maintains a list of qualified GALs who may be appointed in a given case. Either party in the case may ask for a GAL to be appointed or the court may make the appointment on its own.

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 Posted on May 16, 2018 in Child Custody

In just a matter of weeks, children throughout Northern Illinois will be done with school for the summertime. If you have children, you have probably seen signs of excitement. They may be ready to sleep in later than usual and to spend time outdoors with friends. You, the parent, may be eager for summer to arrive as well, but if you are divorced, the extended break may bring a few additional concerns. If you are currently subject to any type of shared parenting arrangement or custody order, it is time to begin making plans for the summer months ahead.

Know What Your Plan Says

The most important thing you need to do before summer break arrives is to review your existing parenting arrangements so that you are refreshed on your rights and responsibilities. Your parenting plan likely contains at least a bare-bones parenting time schedule. In some cases, the schedule may actually be quite detailed.

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