Posted on January 20, 2022 in Divorce

Any married person can tell you that marriage takes work. Over the years, many couples find themselves exasperated and considering divorce. Financial stress, child-related concerns, infidelity, and countless other issues can harm a marriage relationship. However, it can be difficult to know when a marriage is truly beyond saving. This is why many married couples agree to a “trial separation” before deciding whether or not to get divorced. If you are thinking about a trial separation, keep the following things in mind.

Being Separated and Being Legally Separated Are Two Different Things

The term “separated” is often used to describe a situation in which a married couple is living separately but has not yet begun divorce proceedings. Usually, when couples talk about a trial separation, they are referring to an informal agreement to live separate lives for a certain period of time. This situation should not be confused with a legal separation.

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 Posted on January 17, 2022 in Divorce

Separating finances is often one of the most complicated parts of the divorce process. Because the division of assets and debts can have such a significant impact on spouses’ post-divorce future, it is also often one of the most contentious aspects of the divorce process. If you are getting divorced in Kane County, it is important to understand how marital property is divided according to Illinois law.

Dividing Property and Debts During Divorce

Countless factors influence the complexity of the property division process, including the spouses’ ability to agree. If you and your spouse are on relatively good terms, you may be able to reach a property division settlement outside of court. Your respective lawyers can help you negotiate the terms of your property division arrangement if you and your spouse struggle to reach an agreement on your own. If you are unable to reach an agreement or settlement, the court will determine how to divide property for you. Illinois courts divide marital property according to a principle called “equitable distribution.”

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 Posted on January 14, 2022 in Prenuptial & Postnuptial Agreements

Throughout the past 100 years, the way we think of marriage and divorce has changed dramatically. Divorce was once seen as a taboo. People stayed in unhappy or even abusive marriages indefinitely – even when doing so harmed them or their children. Fortunately, things have changed. As divorce becomes more accepted in society, many married couples are choosing to use prenuptial agreements and postnuptial agreements to protect their financial interests in the event that the marriage does end in divorce. Read on to learn about the potential benefits of a postnuptial agreement, when a postnup is appropriate, and how you can get help with creating a postnuptial agreement.

Protecting Financial Interests and Planning for the Future

Postnuptial agreements are virtually the same thing as prenuptial agreements, the agreement is just signed after the couple is married. There are countless reasons a couple may choose to sign a postnup. Often, couples choose to sign a postnuptial agreement because they have accumulated significant assets or debts that they want included or excluded from the marital estate. A postnuptial agreement is also a useful tool when a married person has children from a previous relationship. If you have a blended family and you want to ensure your children receive certain assets when you pass away, a postnuptial agreement can help you accomplish this goal.

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 Posted on January 13, 2022 in Family Law

Whether you are divorced or unmarried, raising a child with an ex can be challenging. Understandably, parents want what is best for their children. When two parents disagree about what is in a child’s best interests, the situation can quickly escalate. Building a parenting plan is the best way to ensure that you and your child’s other parent are on the same page. Parenting plans are also required for parents getting divorced in Illinois.

Required Elements for Illinois Parenting Agreements

Parents who file for divorce in Illinois are asked to submit a parenting plan to the court. If the parents cannot agree on the terms of the parenting plan, the court will have them each submit their own plan separately. Often, parents who disagree about child custody issues are required to attend family law mediation to discuss the issues and work out an agreement. If mediation fails, the case may advance to litigation.

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 Posted on January 11, 2022 in Asset Division

A crucial part of the divorce process involves dividing the spouses’ assets and debts. Depending on your particular situation, you may need to address real estate, vehicles, art and collectibles, business interests, and many other assets. You may also have credit cards, loans, and other debt to deal with during the property division portion of your divorce. One issue that can make the division of assets even more complicated is asset "dissipation." The word dissipation refers to waste, misuse, or destruction of property. In some cases, divorcing spouses may recoup the value of dissipated assets through a dissipation of assets claim.

What Counts as Dissipation of Assets?

Illinois law states that dissipation occurs when marital property is sold, destroyed, or used for a purpose unrelated to the marriage and in a way that only benefits one of the spouses. The waste of assets must occur during the marriage’s "breakdown" to count as dissipation. The marital breakdown is usually defined as the point at which the couple stops trying to salvage the marriage. For example, if you and your spouse decided to divorce and then he or she destroyed your shared property in revenge, you may have a valid dissipation of assets claim.

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 Posted on January 10, 2022 in Family Law

Divorced parents often struggle to communicate about their child’s schedule and needs. It can be hard to coordinate parenting duties with an ex – especially if you are not on good terms with that person. Fortunately, modern technology has many different solutions for parents in this predicament. Using smartphone and computer applications is a great way to keep track of your parenting time schedule, coordinate drop-offs and pick-ups, and record child-related information.

Joint Online Calendars Can Help Ensure Parents Are On the Same Page

Smartphones have changed nearly every aspect of our lives. More and more parents are throwing out paper calendars and address books in favor of digital applications on their phones, tablets, or personal computer. Google Calendar, iCloud Calendar, and Microsoft Outlook Calendar are some of the most popular digital calendars available today. Parents can create shared calendars that may be viewed or edited by either parent in real-time. This can help eliminate confusion about school events, birthday parties, changes to the parenting time schedule, and more.

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 Posted on January 07, 2022 in Divorce

Marriage is about much more than money. However, managing financial issues is often a huge aspect of the marital relationship. Consequently, finances are also a massive consideration in a divorce case. In Illinois, divorcing spouses are required to disclose all assets and income. Unfortunately, many spouses try to gain an unfair advantage by hiding assets. Read on to learn about some of the red flags of hidden assets in divorce and what you should do if you suspect your spouse is lying about property or money in your divorce.

Your Spouse Keeps You in the Dark About Finances

In many marriages, one spouse handles financial issues like investments and paying the bills while the other spouse handles other concerns. Unfortunately, this division of labor can backfire during divorce. If your spouse hides financial documents, changes passwords on online bank accounts, or intentionally keeps you in the dark about finances, this may be a sign he or she is hiding something.

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 Posted on December 30, 2021 in Children and Divorce

When a child’s parents are no longer in a relationship with each other, including when married parents get divorced or when unmarried parents have broken up, both parents will often wish to maintain a close relationship with the child. In many cases, parents will share in the allocation of parental responsibilities (commonly known as legal custody), and each parent will have regular parenting time (sometimes referred to as visitation). However, there may be some situations where one parent believes that it would be best for a child not to have a relationship with the other parent. In these cases, parents will need to understand how the law addresses restrictions on parenting time. When addressing these matters in court, a parent will need to show why their wishes regarding parenting time would be in their child’s best interests.

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 Posted on December 30, 2021 in Divorce

For many people, the beginning of a new year presents an opportunity to make positive changes in their lives. While new year’s resolutions do not always last more than a few months, they can help you take stock of your life, identify potential areas of improvement, and begin taking steps toward a more positive future. For those who are going through a divorce or who have recently ended their marriage, resolutions can be especially beneficial. A divorce will require you to make major changes, and the new year can be a good opportunity to take a positive approach to these changes and determine the best ways to move forward into the next phase of your life.

Resolutions That Can Benefit You Following Your Divorce

While everybody’s situation is different, there are some common factors to every divorce. After being used to sharing your life with a partner, you will need to get used to living on your own. Some new year’s resolutions that may benefit you as you reorient your life include:

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 Posted on December 22, 2021 in Property Division

When a couple chooses to end their marriage, they will need to address a variety of issues during the divorce process. Foremost among these is the division of marital property. All assets and debts that a couple owns together must be divided fairly and equitably. In addition to marital property, each spouse will likely have certain assets that are considered separate property, including items they owned before getting married, assets received through inheritances, and property excluded from the marital estate by a prenuptial or postnuptial agreement. Separate property will not be divided between spouses, and each party will be able to retain ownership of the assets they originally possessed. However, there are many situations where marital and separate property may become mixed together or “commingled.” By understanding how to identify marital and separate property and determine how ownership of commingled property will be handled, spouses can ensure that property division will be addressed correctly during their divorce.

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