Posted on June 09,2016 in Division of Assets

How property is split in an Illinois divorce case may sound relatively simple initially. Anything that you come into the marriage with and keep separate is non-marital property that you get to keep after a divorce. Anything that is commingled with your spouse or that you and your spouse purchase together is marital property that you will have to negotiate how to split, or follow the decision of the court.

There are, however, always complications to rather simple laws. One of the more confusing areas of Illinois divorce law involves revocable trusts.

What Is a Revocable Trust?

Often used for estate planning or tax benefits, revocable trusts (also known as living trusts), are created when someone in possession of property (the grantor) puts the asset in the possession of a trust, which is managed by a trustee, to hold it for a third-party (the beneficiary). Trusts are often used to transfer inheritances without going through probate court. Both cash and tangible property such as real estate or vehicles can be held in a revocable trust.

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 Posted on June 07,2016 in Divorce

When a court awards spousal maintenance or child support, the judge will look at the income and assets of each party. This is often a fairly routine matter, but in some cases--particularly divorces where a large number of assets are involved--spouses unfortunately attempt to hide what they have or transfer property to reduce their future maintenance or support payments.

While uncommon, it is important to understand how spouses attempt to avoid these obligations and what you can do to ensure assets are accurately counted before a court enters a judgment.

Dissipating Marital Assets in Illinois

One issue that pops up in cases where spouses are attempting to avoid judgments is the dissipation of assets. Dissipation is any use of marital property, such as joint checking accounts or credit cards, for personal benefit rather than for the benefit of the marriage. This might include a spouse purchasing a personal vehicle or renting an apartment on his or her own. Dissipation claims get more complicated if a spouse purchases something that may be used for both parties, such as furniture or a vehicle that the couple uses together. But if you can show that your spouse was spending money just for the purpose of keeping it out of a divorce case, you will have a strong case for dissipation.

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 Posted on May 26,2016 in Divorce

Prior to 2016, there were several reasons that someone could cite in filing for divorce. Adultery, physical abuse, and mental cruelty, among others, were all grounds for divorce. However, after looking at divorce statistics in the state of Illinois over the course of several years, the Illinois legislature found that the vast majority of couples sought divorce on the basis of irreconcilable differences. So, as part of the sweeping changes to the Illinois Marriage and Dissolution of Marriage Act that went into effect earlier this year, irreconcilable differences are now the only permissible grounds for divorce in the state.

Irreconcilable Differences and a Faster Turnaround for Illinois Divorces

As a practical matter, the switch to irreconcilable differences as the sole grounds for divorce has little effect on how divorces are handled. Illinois has long been a “no-fault” divorce state, meaning that even if a wife alleged adultery against her husband, it did not entitle her to more property or spousal support under the law. If anything, only recognizing irreconcilable differences as grounds for divorce now streamlines the process.

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 Posted on May 24,2016 in Child Custody

There are a lot of feelings that come along with divorce. Depending your situation, you may feel relieved or even excited. You might also feel angry or resentful toward your former spouse. All of these feelings are perfectly natural when ending your relationship, and working through them is part of the process of moving on from a relationship.

However, sometimes parents let their negative feelings toward a former spouse affect how they talk about an ex to their children. Depending on the nature of the comments, these statements might amount to parental alienation.

What Is Parental Alienation in Illinois?

Under Illinois law, parental alienation occurs when one spouse does not just make the occasional derogatory statement about an ex, but goes out of his or her way to manipulate the child’s feelings toward the other parent. This may include telling the child false stories about the other parent, or attempting to convince the child that he or she is the superior parent. Other family members, such as grandparents or aunts and uncles may also be involved in incidents of parental alienation.

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 Posted on May 19,2016 in Child Support

 Child support in Illinois is one of those concepts that is both very simple and incredibly complicated. That applies to many areas of the law actually, but it is especially true here.

First, the simple part. Under Illinois law, as determined by the court, a supporting parent must pay a percentage of his or her net income to the other parent to assist in meeting the needs of the child. The parents need not have been married for one parent to be ordered to pay child support, though a court may require evidence of the father’s paternity.

Under 750 ILCS 5/505, the payor parent must pay 20 percent of his or her net income in child support. If the payor is paying child support for two children, the amount goes up to 28 percent of net income, and so on. If six or more children are involved, the amount of net income that goes to child support is capped at 50 percent. That is about as straightforward as a law can get.

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 Posted on May 17,2016 in Divorce

Marriage represents that wonderful time when you make a commitment to another person to hopefully spend the rest of your lives together. There is a lot to plan with a wedding, like the venue, the food, and the guest list. In the middle of all this planning, it is easy to forget that marriage is actually a legal agreement that changes the rights and obligations that you and your spouse have to each other.

Getting a Marriage License in Illinois

A religious ceremony alone does not give a marriage legal recognition in the state of Illinois. The couple also must go to their local county clerk’s office to apply for a marriage license. To obtain a marriage license, you must show a valid ID, identify your parents, state whether you have previously been married and, if so, how that marriage ended, and state whether you are related to each other and, if so, how.

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 Posted on May 12,2016 in Divorce

Couples divorce for many reasons. Sometimes those reasons involve infidelity or abuse. Sometimes they fight too much and are no longer able to get along. And occasionally, couples in Illinois get divorced because one spouse just vanishes. He or she just decides the best way to get out of the relationship is to leave the state and not leave behind any contact information. In some cases, one spouse will decide to flee the state to avoid moving forward with the divorce proceedings. Legally, the couple remains married while the other spouse is absent, but if the spouse who remains in Illinois chooses, he or she may proceed with a divorce despite the missing spouse.

Divorce By Publication in Illinois

Typically, divorce papers are served by the county sheriff. This becomes much more difficult if your spouse is unreachable. If your spouse has been absent for a lengthy period of time and you have been unable to reach him or her or otherwise serve notice of divorce proceedings on him or her, a court may grant permission to seek divorce through publication under Illinois law. This requires showing the court that you have made a diligent effort to contact your spouse, including contacting family and friends, employers, and prior landlords. The spouse seeking the divorce will have to sign and submit to the court an affidavit of diligent search that details the steps taken to locate the absent spouse.

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 Posted on May 10,2016 in Alimony/Spousal Support

In Illinois, courts may order one spouse to pay spousal support to the other at the conclusion of a divorce. Whether the court awards spousal support depends on several factors, including the length of the marriage, the needs of the parties, present and future income, and the standard of living that the couple had while married.

For obvious reasons, many former spouses dislike making this monthly payment to their ex. The common thinking that is that they will not have to make this payment once their ex remarries. There are many anecdotal stories out there about former spouses delaying or avoiding second marriages to continue to collect spousal support. However, Illinois law disfavors these tactics. Under state law, spousal support terminates when the former spouse receiving it begins cohabitating with another person. A new marriage is not required to end these payments

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 Posted on May 05,2016 in Divorce

It goes without saying that there is a lot at stake when a couple with a large number of assets gets divorced, and the sheer scope of the property involved can make these cases daunting. Many couples have assets spread across numerous types of accounts and investments across the country. Sometimes even international assets are involved. Add in the fact that in many cases one spouse attempts to hide or devalue assets to avoid giving up property in the divorce, and you have a recipe for a case that can drag on for years. However, many clients are now finding that high asset divorce cases can be simplified through forensic accounting.

What Is Forensic Accounting?

A forensic accountant is a financial professional who has investigative and auditing abilities that go far beyond that of an average accountant who may help prepare your income taxes. Similar to how a forensic scientist helps police put together what happened at a crime scene, a forensic accountant can help a divorce attorney reconstruct where assets came from, where they have been hidden, and how they have been devalued.

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 Posted on May 03,2016 in Child Support

Illinois law generally requires supporting parents to pay at least 20 percent of their net income toward the support of their children, and that percentage only increases if more children are involved. But for various reasons, many parents think they can avoid this duty to care for their children. It is a problem that both the Illinois legislature and domestic relations courts takes seriously, and as a recent $2.3 million award makes clear, courts are not afraid to send a message to those in the state who try to avoid child support obligations.

Cook County Child Support Award Could Be Highest in State History

To be sure, the facts in a recent  Cook County case, which was decided in April, are unusual. Despite what you may be thinking, the case does not involve a millionaire or lottery winner who skipped out a large number of child support payments.

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