Posted on August 03, 2023 in Divorce

Dividing a family business during divorce can be complicated. There are often many moving parts required to keep a business running smoothly even as its owners divorce. Your business may own a significant amount of capital or real estate. It may hold valuable contracts with employees - or employees may own shares of the company. All this can make equitably dividing a business among other marital assets challenging. As you begin to consider how your marital assets are to be divided, determining who will keep the business or other property in exchange for the business, it is important to know what your business is actually worth. Often, this is not the only consideration. The business may have been one spouse’s primary trade during the marriage, while the other does not have the experience needed to run it alone. However, in Illinois, both spouses are likely to have been deemed to have contributed to the success of the company even if one spouse was more hands-on. It is important to be represented by an experienced lawyer if your divorce will include a family business.

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 Posted on August 01, 2023 in Divorce

In today's digital age, we rely heavily on electronic devices and online platforms for communication, socializing, and storing personal information. As a result, digital evidence has become increasingly relevant in divorce proceedings. Whether this evidence consists of text messages, emails, social media posts, or location data from smartphones, electronic records can provide valuable information that may impact the outcome of a divorce case. Some ways that digital information can affect a divorce include:

Discovering Hidden Assets

Many people use online banking services or financial apps to manage their finances. By analyzing bank statements and transactions made through these platforms, it may be possible to identify suspicious activity or undisclosed accounts. Attempts to hide assets may be brought to the attention of the court, and this may affect decisions about the division of marital property.

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 Posted on July 31, 2023 in Divorce

Divorce is an emotionally, financially, and legally challenging process that can impact every aspect of your life. Navigating this complex terrain requires a holistic approach in order to pursue and achieve a successful outcome. While most individuals are aware of the importance of a competent divorce attorney, many overlook the unique benefits of also working with a divorce coach. Today, we will explore how the collaborative efforts of a divorce coach and an attorney can lead to a higher chance of favorable results in your divorce case.

Understanding the Role of a Divorce Coach

A divorce coach is a professional who combines emotional and practical support to help individuals effectively navigate the divorce process. While they are not always legal professionals, their skill lies in providing guidance, strategies, and resources to manage the emotional and relational aspects of divorce.

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 Posted on July 28, 2023 in Divorce

When it comes to filing for divorce, many individuals wonder if there are any advantages or disadvantages to being the first one to file. While it may seem like filing first could provide certain advantages, the reality is that, in most cases, it does not significantly impact the outcome of the divorce proceedings. Illinois is a “no-fault” divorce state, which means that the reason why the divorce is taking place, or who filed first, does not typically play a major role in the resulting settlement. However, it is important to consider various factors and consult with a divorce attorney to ensure the best possible outcome for your specific situation.

Someone Must Be at Fault, Right?

Regardless of why the divorce is taking place, the only grounds for divorce in Illinois are irreconcilable differences. This means that neither party needs to prove either was at fault for the disintegration of the marriage. Additionally, Illinois law dictates that the court does not favor one party over the other based on who filed first. Rather, the focus is on the equitable division of assets, child custody, and other relevant factors.

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 Posted on July 24, 2023 in Divorce

It is normal and common for a child to feel as if they are to blame when their parents get divorced. Many children struggle with self-blame when their parents begin to separate. They may reflect on times they have misbehaved and wonder whether it had anything to do with your decision to get divorced. Almost no parent would say that their child is the reason for their divorce. Reminding your child that they are not to blame in your divorce can help your child cope with the divorce in a more healthy way. It can be difficult for children to adjust to spending time with their parents in different households or only seeing one parent most or all of the time. Parents should take steps to protect their children’s emotional health during this time. Helping them understand that nothing happening is their fault can go a long way towards raising an emotionally healthy child after divorce.

Helping Your Child Understand That They Are Not at Fault

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 Posted on July 20, 2023 in Divorce

Substance abuse is an enormous social problem almost everywhere in the country. The large proportion of Americans who struggle with substance abuse means that illicit drugs are widely available and easily accessible. Many people are able to recover from addiction and go on to have normal, productive lives. However, if your spouse is addicted to drugs and has not put forth the effort to get clean, you may find that your marriage has become more of a burden than a boon. You are not obligated to stay and continue trying to take care of a person who will not do the work needed to take care of themselves. Divorce may be the best option for protecting yourself and any children involved. Unfortunately, getting a divorce from a substance abuser can be difficult. It is important to have skilled legal representation as you begin the often-difficult task of divorcing your addicted spouse.

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 Posted on July 14, 2023 in Family Law

When parents are getting a divorce or separating, one of the most contentious issues is often who will have more parenting time to spend with the children. Few parents are willing to give up any amount of time they could spend with their child in a shared custody arrangement. While Illinois has largely dispensed with the term “primary custody,” it does often work out so that one parent’s home is the child’s primary residence, while the other parent enjoys shorter amounts of parenting time. Determining which parent will have the children most of the time can be difficult for many families. One option that many parents choose is to enlist the help of a mediator and work out an arrangement by mutual agreement. However, in cases where this is not possible or practical for any reason, it typically falls to the court to make that decision. While a child’s input on the matter is important, it is not generally the deciding factor.

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 Posted on July 13, 2023 in Family Law

Many engaged couples feel that prenuptial agreements are unromantic. It can certainly feel less-than-hopeful when you and the person you are about to marry must discuss who keeps what in the event that you divorce later. During your engagement, you were likely focused on the details of your wedding and your dream of living happily ever after with your soon-to-be spouse. Once you are married, you may begin to think about whether you should have made a prenuptial agreement. Many married people believe that they have missed their chance to reach an agreement governing important issues. Fortunately, it is not too late to create what is called a postnuptial agreement. Both you and your spouse should be represented by an attorney when you begin the process of creating a postnuptial agreement.

Why Should My Spouse and I Make a Postnuptial Agreement? 

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 Posted on July 11, 2023 in Family Law

When parents with at least one child in common get divorced in Illinois and will share custody, they must file what is called a parenting plan. Parenting plans may also be needed for parents who were never married, but are separating. A parenting plan is more than a visitation schedule, and more than a child support order. Parenting plans include a wide variety of information and agreements or court orders. In many cases, parenting plans are developed by mutual agreement of the parents outside of court. These plans are of very high importance to both the parents involved and the children involved, as they make quite a few provisions regarding how co-parenting will work after the divorce is finalized. It is important to be represented by an attorney before you begin to discuss future co-parenting plans with your soon-to-be ex-spouse. An attorney can help you understand what rights you as a parent have and what rights your children have in this situation.

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 Posted on July 06, 2023 in Family Law

In Illinois, there are several paths to establishing that you are the father of your child. If you are married to the mother around the time the baby is born, you will likely be declared the father automatically. If this is the case, you do not need to take any further steps to become a legal father as well as a biological one. However, if you are not married to the mother, you will need to take additional steps. In some cases, you may even need to go to court to have yourself declared the legal parent of your child. A court can order a DNA test if the mother denies that you are the child’s birth father. However, the easiest way to establish legal parentage is usually by signing a voluntary acknowledgement of paternity. If you are unsure about your own path to legal parentage, it is best to speak with an attorney about what your options are.

Understanding a Voluntary Acknowledgement of Paternity

In nearly all contexts, Illinois law uses the term “parentage” instead of “paternity.” You may hear this document referred to as either a “voluntary acknowledgement of parentage” or a “voluntary acknowledgement of paternity.” This document is generally used by unmarried parents who want their child’s two legal parents established easily.

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