Posted on March 29, 2023 in Divorce

Divorce is never easy. However, some people experience significant challenges when initiating a divorce. For some spouses, simply finding their spouse and serving the divorce petition is the hardest aspect of the split. If your spouse has gone missing or you do not know their whereabouts, how do you get divorced? In this blog, we will discuss divorce by publication and when you may be granted a divorce without your spouse’s participation.

Ending Your Marriage When You Cannot Locate Your Spouse

The spouse who initiates a divorce is called the petitioner. Typically, the petitioner "serves" or delivers the divorce petition to the other spouse, called the respondent. The petitioner may also hire a sheriff or special process server to serve notice of the divorce to their spouse. However, if the spouse cannot be located the situation becomes more complicated.

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 Posted on March 27, 2023 in Divorce

The Holmes-Rahe Life Stress Inventory lists the most difficult life changes a person can go through and the relative amount of stress each change causes. Divorce is second from the top of this list. Only the death of a spouse is considered more stressful. It is no wonder that the divorce process can be emotionally and mentally challenging. One way to help ease yourself through this difficult journey is to consider working with a divorce coach. Here are five reasons why you might want to seek out the guidance of a trained professional during your divorce.

Compassionate Emotional Support When You Need it Most

The end of a marriage can cause a range of emotions from sadness to anger, and even numbness. A divorce coach provides an understanding ear as well as practical advice to help you cope with these feelings. While a divorce lawyer helps you with the legal and financial issues surrounding divorce, a divorce coach helps with the psychological and emotional aspects of the split.

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 Posted on March 22, 2023 in Divorce

For art lovers, an art collection is much more than an assemblage of art. It is an emotional connection, a source of pride and joy, and a representation of their investment in the world of art. Fine art may also be one of the most valuable assets a person owns. If you or your spouse have an expensive art collection and you plan to divorce, it is important that you understand how the artwork will be handled during the property division phase of the divorce process.

Classification and Ownership of Fine Art in a Divorce

Fine art may be classified as marital property or non-marital property in a divorce. If a spouse owned a piece of art before getting married, the artwork is typically non-marital property. Art may also be classified as non-marital property if it is excluded from the marital estate through a prenuptial agreement. If a spouse purchased or received a piece of art during the marriage, it may be classified as marital property in an Illinois divorce. If artwork is a marital asset, both spouses have an ownership interest in it, and the spouses will need to divide the value of the asset between themselves during the divorce.

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 Posted on March 21, 2023 in Divorce

If you are getting divorced and your spouse has accused you of domestic violence or abuse, you may not know where to start. Most people getting divorced have little experience in the court system, and they are not sure what to expect or how to handle this challenging situation.

One of the first things you need to do if your spouse accused you of abusing him or her is to secure reliable legal counsel. Your lawyer will be able to provide customized advice specific to your case and ensure that you address these allegations in a way that does not aggravate the situation.

How Accusations of Abuse Can Affect Your Case

Illinois is a no-fault divorce state, so the accusations of abuse will not be listed as grounds for divorce in the divorce petition. Furthermore, Illinois law states that court decisions regarding spousal support or property division will be made without regard to “marital misconduct” such as abuse or infidelity.

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 Posted on March 15, 2023 in Divorce

Divorce cases vary significantly in complexity. When spouses own few assets and are willing to cooperate with each other and comply with the divorce process, the marriage can be dissolved with relative ease. However, high-asset divorce cases and high-conflict divorce cases are rarely this straightforward.

Divorce lawyers have many different legal tools at their disposal during a divorce case. One such tool is a subpoena. Subpoenas are court orders requiring individuals to appear in court and provide testimony or documents related to the case. In a divorce setting, they can be used to compel a spouse to turn over financial records, produce emails and text messages, or give statements about their marital assets.

When and How Are Subpoenas Used in a Divorce?

Subpoenas can be used in cases when a spouse is uncooperative or refuses to divulge truthful, complete information. For example, a spouse who refuses to provide financial documentation showing his or her income may be served with a subpoena. Subpoenas may be served to individuals or businesses, such as banks or cell phone companies.

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 Posted on March 14, 2023 in Divorce

Many people are under the assumption that financial wealth will greatly reduce if not eliminate most problems in life. In reality, people with substantial income and assets often face a greater number of complex challenges – especially during divorce. If you are entering into a high-asset divorce, make sure you understand what to expect and how to prepare for these challenges. Because the stakes are so high in a case like this, working with a skilled high-asset divorce attorney is recommended.

Asset Valuation is the First Step

Before you and your spouse can begin to address property division, you must know the full financial picture. Accurate, professional asset valuation is crucial in a high-asset divorce case. Make sure you understand the current value of your stocks, stock options, retirement accounts, real estate, and investments. Do not forget to get appraisals for difficult-to-value assets such as fine art, jewelry, or collectibles.

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 Posted on March 10, 2023 in Family Law

Visitation or parenting time refers to the time a parent spends caring for his or her child. In Illinois, parenting time is typically divided between unmarried parents or divorced parents. For example, one parent is responsible for the child Monday through Wednesday, while the other parent is responsible for the child Thursday through Sunday.

However, there are situations in which a court may grant visitation to an individual who is not the child’s biological parent. If you are a grandparent, great-grandparent, sibling, or step-parent interested in receiving court-ordered visitation with a child, read on.

Illinois Laws Regarding Visitation for Non-Parents

Family dynamics can be extremely complicated. Some people find themselves in a situation where they are not allowed to see a child who is very important to them. The child may be their grandchild, brother or sister, or even step-child. For example, an intense argument between family members may result in a parent refusing to let the child see certain family members.

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 Posted on March 08, 2023 in Divorce

Most people have bank accounts in the country in which they primarily reside. However, it is not uncommon for high-income individuals to have "offshore accounts" in the Cayman Islands, Switzerland, Belize, or other countries. Although we often hear the term "offshore account" in conjunction with illegal activity in news stories, having bank accounts in other countries is perfectly legal. However, overseas accounts are sometimes used to hide assets during a divorce case.

Overseas Bank Accounts in Your Illinois Divorce Case

An offshore bank account may be used to reduce an individual's tax burden or make international business transactions easier. However, offshore accounts are also sometimes used to hide money from the Internal Revenue Service (IRS). Similarly, some divorcing spouses hide money in an offshore account to avoid dividing the funds during a divorce.

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 Posted on March 06, 2023 in Divorce

If one thing is certain in life, it is change. People change jobs, get divorced, remarry, and move to new residences. As life events unfold, the circumstances that gave rise to certain court orders may also change. Consequently, some individuals find themselves in need of changes to their divorce decree. When it comes to making modifications after a divorce, modifications are possible in many situations—but not all.

Modifying Child Custody After a Divorce

Your parenting plan outlines each parent's rights and responsibilities regarding the care of your children. When it comes to changing a parenting plan after a divorce, Illinois law allows modifications if it is in the best interests of the child. However, Illinois courts do not want parents changing the parenting plan frequently because this can be hard for children to adjust to. If it has been less than two years since you got divorced or last modified the allocation of parental responsibilities, you can only modify parental responsibilities if the child is in serious risk of harm.

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 Posted on February 28, 2023 in Divorce

Some of the major benefits of marriage are the federal tax benefits that come along with being able to file married jointly. When a married couple shares children, the tax credits and exemptions they can claim are usually even higher and are often enough to make a significant difference in a couple’s financial situation in any given year. When a couple gets divorced, however, several questions about taxes and children arise. Unlike most questions about taxes, getting the answers to these questions is not always a simple matter of consulting an accountant because certain issues require making decisions in advance and with the approval of a court.

Which Parent Can Claim a Child as a Dependent?

Only one parent can claim a child as a tax dependent in any given year and wrongfully claiming a child as a dependent can land a parent in serious trouble with the IRS. This means it is important to proactively make an agreement with your ex during the divorce process and it is equally important to stick to the agreement, even if you dislike it. Parents may decide to switch off years during which one parent can claim all children as dependents, divide the children between themselves so each parent claims a child or two every year, or simply have one parent claim all the children every year.

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