Posted on July 11, 2022 in Divorce

Finances play a major role in any divorce case. When a married couple divorces, they will divide their shared property and debt equitably. Each spouse’s income and assets also influence child support, spousal support, and other aspects of the divorce.

Some spouses try to sway the divorce in their favor by lying about their financial circumstances. They may underreport income, hide assets, or inflate debts or expenses in an effort to secure a more favorable outcome. Business owners and spouses who are self-employed have nearly countless opportunities for this type of financial deceit. However, a skilled divorce lawyer can find evidence of hidden assets and income and fight for a fair divorce outcome.

Underreporting Income in an Illinois Divorce

Divorcing spouses are required to submit financial disclosures to the court that list their assets and income. However, some spouses are not truthful about the amount of money they make. Self-employed spouses and entrepreneurs may have an easier time lying about income than traditional w-2 employees. However, any individual may find sneaky ways to underreport income.

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 Posted on July 06, 2022 in Divorce

As Americans struggle with inflation, supply chain issues, and rising prices, many are turning to credit cards to make ends meet. Credit cards can be a useful financial tool. However, credit card debt can quickly spiral out of control.

If you are getting divorced, you may have many questions and concerns about credit card debt. How is credit card debt divided between spouses? Do we have to pay off our credit cards before we can divorce? What if a spouse promises to pay credit card debt and fails to do so?

Responsibility for Credit Card Debt in Illinois

Illinois courts handle debt similarly to property in a divorce. A debt that a spouse acquired before getting married is usually non-marital debt while debts acquired during a marriage are marital debt or joint debt. However, many different factors can influence liability for debts in a divorce. Sometimes part of a debt is considered marital and part of it is considered non-marital.

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 Posted on June 27, 2022 in Family Law

The term “paternity” refers to fatherhood. Mothers and fathers in Illinois often have questions about how paternity works. Contrary to what many believe, paternity is not always automatically established by a baby’s birth. In some cases, parents must take additional action to formalize the child’s legal relationship with his or her father. The situation becomes especially complex when a mother is unsure of who the father is, or the father denies his paternity.

How Can I Establish a Child’s Legal Relationship with His or Her Father?

If parents are unmarried, they must establish paternity. The easiest way is to sign a document called a Voluntary Acknowledgement of Paternity (VAP) and submit it to the Illinois Department of Healthcare and Family Services (HFS). Paternity may also be established through an administrative order through the HFS or through a court order.

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 Posted on June 20, 2022 in Child Custody

Divorcing or unmarried parents have to address many crucial child-related issues. In Illinois, parents are asked to create a parenting plan that specifically states each parent’s rights and obligations. The parents will include information about the parenting time schedule (formerly known as visitation) as well as the allocation of parental responsibilities or decision-making authority.

Research shows that about 2.6 percent of children live in single-parent homes with a parent who is addicted to illegal drugs. Another study shows that more than one in ten children have a parent with alcoholism.

If you or your child’s other parent has a substance abuse problem, it is important to know how this can impact the allocation of parenting time and parental responsibilities.

Parental Drug and Alcohol Use

Some parents suffering from addiction are able to keep their addiction a secret. They do not use substances around their child, and the addiction does not affect their parenting ability. However, others place their child in danger because they are too impaired by drugs or alcohol to keep the child safe and provide a reasonable degree of care.

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 Posted on June 17, 2022 in Divorce

Cupid’s arrow does not always strike at the most convenient time. Sometimes, a married person meets a new romantic partner before their current marriage is officially terminated by divorce. If you are getting divorced and you or your spouse have moved in with a new romantic partner, you probably have questions about how cohabitation affects divorce in Illinois.

Adultery and Divorce in Illinois

When a married person enters into a romantic relationship before their marriage is over, this can be considered adultery. In Illinois, there are no fault-based grounds for divorce such as infidelity or abuse. All fault-based grounds were eliminated several years ago. The only ground or justification for divorce in Illinois is “irreconcilable differences.” So, you will not need to list adultery on any divorce paperwork.

Living With a New Partner Can Affect Property Division

Illinois law states that courts divide marital property without regard to marital misconduct like an extramarital affair. However, there is one situation in which having a new romantic relationship can affect asset division during divorce. If a spouse uses, spends, or sells marital property during an extramarital relationship, it could be considered dissipation of assets. For example, if you move in with a new partner and pay your rent using a joint bank account you share with your soon-to-be-ex-spouse, your spouse may be able to file a dissipation of assets claim. If the claim is successful, your spouse would be entitled to reimbursement for half of the dissipated funds.

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 Posted on June 13, 2022 in Prenuptial Agreements

Owning a business can be both lucrative and deeply rewarding. However, as any business owner can tell you, it is not easy. Whether you are an entrepreneur running a startup or a business owner with decades of experience, getting married can change things. Anyone who plans to wed should understand how marriage and divorce can impact their business. One way to protect your business is through a prenuptial agreement.

A Prenup Can Protect the Business in the Event of Death or Divorce

No one gets married thinking that the marriage will end in divorce. The idea is unromantic at best and offensive at worst. However, statistics show that 40-50 percent of marriages do ultimately end up in divorce. Planning for this possibility is reasonable even if your relationship is thriving. Furthermore, prenuptial agreements can be beneficial even if a couple stays together until one of the spouses passes away.

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 Posted on June 06, 2022 in Divorce

Studies show that about 20 percent of men and 13 percent of women admit to cheating on their spouse. If your marriage is ending because of adultery, you may wonder how this can impact your divorce case. You may wonder if a cheating spouse is expected to pay more alimony or will have a harder time getting custody of their kids in the divorce. If you were the innocent spouse, you may wonder if there is a way to hold your spouse accountable for their adulterous actions during the divorce. Read on to learn more about how infidelity can affect divorce in Illinois.

No-Fault Divorce Laws

Illinois is a no-fault divorce state. When an Illinois resident seeks a divorce, the only available “ground” or legal reason for divorce is “irreconcilable differences.” Divorcing spouses do not need to assign blame for their marriage’s breakdown. They just need to affirm that they have experienced irreconcilable differences that cannot be resolved and that continued attempts at reconciliation would not be in the family’s best interests.

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 Posted on June 03, 2022 in Divorce

Although marriage is about much more than money, financial issues are often the crux of a divorce case. Property division, child support, and spousal maintenance all hinge upon the spouses’ financial circumstances. Some spouses try to sway the divorce outcome in their favor by manipulating financial information, hiding income, undervaluing assets, or using other unscrupulous tactics. If you are getting divorced, it is important to be aware of these tactics so you can protect your right to a fair divorce outcome.

Failure to Disclose Assets

Divorcing spouses are required to fill out financial disclosures listing their property and debts. Real estate properties, vehicles, businesses, professional practices, furniture, and other assets should be listed, valued, and categorized as either marital or non-marital property. However, some spouses fail to disclose all of their assets in an attempt to protect them from division during divorce. They may “forget” to report money in an offshore account or transfer assets to friends or family. Some divorcing spouses literally hide cash or valuables like jewelry to prevent the assets from impacting the divorce.  

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 Posted on May 27, 2022 in Alimony / Maintenance

Divorce often has a major financial impact on both parties. Spousal maintenance, also called spousal support or alimony, may be paid by the higher-earning spouse to the lower-earning spouse to offset some of the negative financial consequences of the divorce. Spousal maintenance may be negotiated and agreed upon by the spouses or imposed by the court. If your spouse is seeking alimony from you, it is important to understand your rights.

Entitlement to Spousal Support

Spouses are not automatically entitled to spousal support because they make less than the other spouse. There are three main ways that a spouse may receive support in a divorce: The first is through a premarital or prenuptial agreement. Courts typically uphold spousal maintenance provisions in a prenup unless there are questions about the validity of the agreement or concerns that the maintenance arrangements would cause undue hardship to a spouse. Spouses may also be able to negotiate the terms of spousal maintenance with help from their respective divorce lawyers. Lastly, a spouse may petition the court for spousal maintenance.

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 Posted on May 23, 2022 in Divorce

For those who have never been divorced, the divorce process can seem daunting and confusing. How do I file for divorce? What happens if my spouse serves me divorce papers? Can I refuse to sign the divorce petition? These are just some of the many questions that people seeking a divorce in Kane County, Illinois may ask.

Read on to learn about the process of filing for divorce, responding to the divorce petition, and addressing divorce issues in Illinois.

The Divorce Petition Initiates the Divorce

The first official step in the divorce process is filing the divorce petition or "Petition for Dissolution of Marriage," as it is called in Illinois. Either spouse may file for divorce. Illinois is currently a no-fault divorce state so there is no need to list the specific reasons for seeking a divorce. The only ground for divorce in Illinois is irreconcilable differences.

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