Posted on June 22,2017 in Divorce

Divorce can be one of the most difficult times in a person’s life, especially if they are not the one who initiated proceedings. However, some try to actively make things harder for their spouse by doing things such as refusing to sign divorce papers, hiding information, and generally doing their best to impede the legal process. When you are dealing with such obstruction, it is understandable to wonder if it is actually possible for your spouse to deny you a divorce, but rest assured, the answer is no,though it can be made complex and expensive by an intransigent partner.

Delay Tactics Are Common

If you are the person to initiate divorce proceedings against your spouse’s wishes, it is not uncommon for him or her to attempt to delay or otherwise affect proceedings. One common way in which a spouse may attempt to thwart a divorce going forward is to make themselves unavailable to sign the papers. The rationale behind this is the presumption that proceedings cannot go forward without proof that the responding party—your spouse, in this example—has at least been made aware of the filing.

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 Posted on June 20,2017 in Marital Property

If you or your spouse ends up in the unenviable position of having to file for both bankruptcy and divorce, it is imperative that you both understand the laws surrounding marital debts and bankruptcy. Many couples make assumptions and then react strongly when their carefully constructed asset division proposal collapses on itself. By educating yourself, you and your spouse can work to avoid such a fate.

Bankruptcy First?

One of the biggest questions regarding asset division, but especially marital debt, is whether to file for bankruptcy before divorce or vice versa. The general rule is that it depends on each spouse’s individual finances, and which type of bankruptcy would be filed. However, in most cases, filing beforehand tends to streamline the divorce process, while filing afterward or concurrently can cause a divorce to drag on. This is especially true if you or your spouse would be filing a Chapter 7 bankruptcy, either jointly or individually. In a Chapter 7, all debts are eliminated or written off, as opposed to in other types of bankruptcy where restructuring is more common.

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 Posted on June 15,2017 in Child Custody

It is not uncommon after a divorce that one or both spouses express a desire to relocate, whether their intent is to change jobs, to get a fresh start, or for some other reason. However, if there are children involved in the marriage and divorce, it is incumbent upon all involved to have a discussion about where one is able to relocate and still have contact with their children, presuming contact is still a desired goal. Illinois law regarding relocation was amended at the beginning of last year, so some well-meaning parents may not even be aware that restrictions are now different. Still, the consequences can be significant for those who do not follow the law.

Notice Is Mandatory

The first thing to be aware of when discussing relocation ability is that notice must be provided to the other parent in writing, and it must be at least 60 days before the planned relocation if possible. If not, “as soon as practicable” will generally suffice. You must provide your new address and moving date (if known), as well as a rough approximation of how long the relocation will last if it is intended to be temporary. For example, a military servicemember may seek to relocate with his or her children for the duration of their assignment at a specific base or posting.

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 Posted on June 13,2017 in Divorce

When a marriage is clearly headed for divorce court, sometimes one or both spouses will resort to practices that are not strictly acceptable; some may even be unlawful. Hiding assets is one of the most common of these practices, but its commonality does not make it easier to spot. Some spouses are very successful at hiding assets with other people or in alternate accounts, but there are ways that you can discover such actions and obtain some manner of restitution.

Full Financial Disclosure Is Required

Illinois law demands both spouses provide a full accounting of all marital and non-marital property once divorce proceedings have begun. At the beginning, it can be easier for assets to be hidden, especially by the spouse that governs the household finances, but the discovery process, where both spouses must provide financial records and other documents, can make that much more difficult even if someone does not make a full disclosure. Forensic accountants can trace expenditures through transactions that can otherwise look innocent, and discovery is the time when it is easiest to pick up the proverbial trail.

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 Posted on June 08,2017 in Paternity

In this day and age, the marriage rate has dropped to a fraction of what it once was in our parents and grandparents’ day, but this does not mean that people are not in family relationships. Many couples have simply chosen not to marry legally, for a variety of different reasons, but they still share assets, and they still, at least in theory, share responsibility for any children they may have. Some parents, especially fathers, find themselves shut out of their children’s lives, but these fathers do have rights. It is up to them to try and obtain custody or visitation or to adjust support payments if they can prove the need.

The Right to Assert Paternity

In Illinois, when a child is born in a hospital or birthing center to unmarried parents, the parents will be given what is referred to as a Voluntary Acknowledgment of Paternity (VAP) form. One of the most common and most costly errors that many unmarried fathers make is in thinking that once they execute a VAP, they have visitation or custody rights. This may be the case in other states, but in Illinois, no such rights exist until a court order is entered that establishes them directly.

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 Posted on June 06,2017 in DuPage County Divorce Attorneys

The divorce rate is higher than it once was, and court dockets around the country reflect this reality. As such, some couples are seeking other methods by which to settle their divorce quickly and amicably, and mediation has emerged as the most common in recent years. While it is not for everyone, there are multiple advantages over going to court that can benefit many couples, and the process is generally worth some consideration.

Clear Advantages

Perhaps the most notable advantage to mediation is the ability to begin relatively quickly. Court appearances can drag on or even take a long time to begin depending how crowded a court’s docket may be. To commence mediation, the only thing required is a mediator, though each side may still wish to retain their own attorneys. Illinois mediators are required to adhere to certain standards and practices, as well as to complete training courses totaling at least 40 hours, but there are enough trained mediators in Illinois that it should not be difficult to find one.

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 Posted on May 31,2017 in Illinois family lawyer

In early May 2017, Illinois announced the opening of the statewide ABLE Act Program, billed as a life-changer for those with disabilities. The Achieving a Better Life Experience Act, known as the ABLE Act, was passed by the federal government in 2014, and states were given the opportunity to develop an appropriate program to administer the infrastructure. Illinois’s took some time to complete, but at this point, the program is open and able to receive applications. Naturally, one might wonder if applying is worth the effort. The answer is going to depend on your individual situation, especially if you or another person has guardianship over your disabled loved one.

The Program

Normally, in order to receive Supplemental Security Income (SSI), you must show that you have very few assets of your own, and your total net worth must remain under $2,000. However, as costs of living have risen and insurance companies have cut back on the coverage they will provide, such a limit is not tenable for many, especially families, who may need that supplemental income. For example, it is not uncommon for a disabled person to marry, and then promptly lose their benefits. This happens because his or her spouse’s income is counted among their own assets, as that person’s income is counted among his or her spouse’s assets. Such outcomes are patently inequitable.

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 Posted on May 29,2017 in Divorce

Divorce causes changes in multiple areas of a person’s life, but one that is often overlooked is a spouse's tax bill. Regardless of the time of year when you divorce, your next tax return is likely going to be affected by such a profound life change. You will likely lose certain exemptions and deductions, but you may also gain some. The important thing is to ensure an active role in how your divorce decree is written, so you can have as much control as possible over the tax consequences for both you and your ex-spouse.

Alimony and Child Support

Perhaps the most unpleasant surprise for so many is the tax consequences of alimony and child support. While the parent with the majority of the parenting time will be granted child support in all but the most unusual Illinois divorce cases—child support is a duty owed to the child or children, not to the ex-spouse—alimony or spousal support is a different matter. To determine whether such payments are warranted, the court will consider a host of factors, such as the income of both parties, the amount of support given during the marriage if one spouse had to leave the workforce for some reason—including giving birth or obtaining an advanced degree—and the actual current needs of each spouse.

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 Posted on May 25,2017 in Divorce

During a divorce, the general advice from friends and experts is to avoid dating, especially if you have children. It can present a distraction from proceedings, and in some cases, can actually wind up affecting the asset distribution of your marital estate or your ability to receive spousal support. Even after your divorce is final, it is a good idea to tread carefully in terms of getting back on the proverbial horse.

Dating During Can Be Messy

There is no legal prohibition of dating during divorce proceedings. However, it is frowned upon, especially if there are children involved, because it can provoke strong feelings, especially if you are the one who instituted proceedings. To a hurting ex-spouse, dating so soon can seem like flaunting a new relationship in their face, and they may look to make you pay for it, so to speak. It is not uncommon to hear of soon-to-be ex-husbands and ex-wives deliberately drawing out proceedings or complicating asset division solely to inconvenience their spouse, even if it means they might pay more in attorney’s fees.

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 Posted on May 23,2017 in Divorce

More and more people are pursuing a divorce at relatively later stages of life for a variety of reasons. However, even if you are young, it is, nonetheless, a good idea to take steps to understand retirement accounts and Social Security payments, because one day, you may need to use them, divide them with your spouse or ex-spouse, or both. You can also ask an experienced attorney for assistance.

How Social Security Works

During one’s working lifetime, taxes are withheld from each paycheck, some of which are used to pay into Social Security. When that person reaches the appropriate age, that money is used to help support him or her, as a way of giving back what a person has put into the system. Because of this, a person’s eligibility for Social Security is based, among other factors, on how many “work units” they have worked over their lifetime. If one has accumulated 40 units—roughly 10 years’ worth of work, which does not have to be continuous—and he or she is over 62 years old, they are generally eligible to receive Social Security payments.

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