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.

Continue Reading ››

 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

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 Posted on April 28, 2016 in Divorce

“Discovery” is a common term that means something very different to attorneys than the general public. While television shows like to cover the initial filing of a lawsuit and the trial, rarely does the media portray the slower-paced discovery process that occurs in between the beginning and ending of a case. After a divorce case is filed, and the respondent files an answer to the petition for dissolution of the marriage, the attorneys begin the discovery process of exchanging information with each other to facilitate a resolution to the case.

What is Discovery in a Divorce Case?

Discovery can consist of several different processes and associated terms. These include:

• Request for Production of Documents - This involves requesting documents that are relevant to the case. In a divorce case, typical documents that must be produced are financial records such as bank statements and tax returns.

Continue Reading ››

 Posted on April 26, 2016 in Divorce

The media often portrays divorce as a messy affair, and you likely have friends and family members who have also shared horror stories about expensive and lengthy divorce battles in which they lost everything. The fact is, however, that divorce does not have to be like that. Sometimes couples just find they can no longer live together and decide to part ways amicably and move on with their lives . In these instances, what is called an uncontested divorce is often right way to go.

What is an Uncontested Divorce?

Put simply, an uncontested divorce is a dissolution of a marriage in which a couple agrees on everything, or nearly everything about splitting assets and ending the marriage. The couple must be prepared to present a reasonable divorce settlement agreement to the court that addresses all of the necessary considerations.

Continue Reading ››

 Posted on April 21, 2016 in Divorce

Divorce can, unfortunately, be an expensive proposition, particularly if there are complicated disputes about how to split property or spousal maintenance. Cases involving parental responsibilities and child support can also become extremely costly. In many such cases, one side may seek attorney’s fees from their former spouse. While it is possible to obtain legal fees from a former spouse under Illinois law, there are certain criteria that must be met in order to do so.

When Are Attorney’s Fees Awarded?

Under Section 5/508(a) of the Illinois Marriage and Dissolution of Marriage Act, there are several circumstances in which a court may award attorney’s fees following the conclusion of a divorce proceeding. These include to defend against a divorce or appeal, to defend against a modification to a court order, to enforce or modify a court order, or to reimburse costs for the preparation of a divorce petition. Essentially, almost any action related to a divorce is eligible for reimbursement of attorney’s fees. However, whether awarding those fees is appropriate is still left to the discretion of the court, and courts can be extremely hesitant to award attorney’s fees unless a spouse can show extreme hardship in paying their own way.

Continue Reading ››

 Posted on April 19, 2016 in Divorce

Divorces usually take many months to finalize, and the constant hearings, court orders, and normal difficulties of dealing with a spouse you are ending a relationship with make it an extremely difficult process. Of course, divorce is often necessary for many reasons. But while this process can be long and often messy, there are actually several steps you can take to make it go a little more smoothly.

Get Your Finances in Order

Perhaps the best thing a couple can do to prepare for a divorce is enter into a prenuptial agreement, as this can make the division of property and spousal maintenance an extremely simple process. However, many couples are hesitant to even broach the subject before marriage, which is understandable.

Without a prenuptial agreement in place, the first thing you will need to do is gather your financial information. This includes bank account statements, income tax filings from the past few years, and any investments. If your former spouse is going to be seeking some of these assets or spousal support, this will be key information in the case.

Continue Reading ››

 Posted on April 14, 2016 in Divorce

In many cases, when divorces turn nasty, it is because of disputes over property. Each spouse believes they are absolutely entitled to an asset that was given to the couple or that they purchased together, such as a car or a couch. Hiding a new car is not very easy, of course, but, spouses may think they can hide other, less tangible assets from their former spouses to avoid splitting it during the divorce. Fortunately, there are several procedures available to locate these assets and ensure you get your equitable share of the marital property.

How Assets Are Hidden During a Divorce

Section 503 of the Illinois Marriage and Dissolution of Marriage Act provides that all property acquired by either spouse may be divided into three categories during divorce: marital property, non-marital property, and commingled property.

Non-marital property is anything a spouse obtains on their own, such as an inheritance or gift from a relative. A former spouse has no right to this property. Marital property includes assets that the couple obtained together, such as a home or bank accounts. Commingled property is the murkiest part of the law and leads to the most disputes in divorce cases. Commingled property is created when one spouse takes non-marital property, such as an inheritance, and contributes it towards marital property, such as a house, or when non-marital bank accounts are combined.

Continue Reading ››

 Posted on April 12, 2016 in Divorce

Same-sex marriage has been legal in the state of Illinois since 2014, but last year in the landmark case Obergefell v. Hodges, the U.S. Supreme Court held that bans against same-sex marriage were unconstitutional in any state. This opened the door for all same-sex unions in the United States to enjoy the same legal recognition as straight couples, considerations that also extend to divorce law. While the basics of seeking a dissolution of marriage in Illinois are now the same for any couple, regardless of the genders of the spouses, there are still some issues surrounding same-sex divorce that have not been completely addressed by the courts yet.

The Divorce Process in Illinois

Any couple seeking a divorce in the state of Illinois must meet the following procedural requirements:

• At any time, either spouse may file a Petition for Dissolution of Marriage, which then must be served on the other spouse. The spouse that receives the Petition has the opportunity to file a response to the allegations contained within;

Continue Reading ››