Posted on August 23, 2021 in High Asset Divorce

During a couple's divorce, all aspects of their finances should be considered to ensure that their marital property can be divided fairly and equitably. When a spouse is a business owner, this process can become very complex. In some cases, a person may attempt to use a business to hide assets in hopes that they can keep money or property for themself and avoid dividing these assets with their spouse. When one spouse owns and operates a business, the other spouse can work with an attorney to identify any assets that have been concealed and ensure that all of their marital property is considered during the divorce process.

Methods of Hiding Assets Through a Business

A business owner may come up with a variety of ways to conceal money from their spouse as a way to gain a financial advantage during and after their divorce. These include:

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 Posted on August 19, 2021 in Child Support

Parents who get divorced will need to address a variety of issues related to financial support for their children. While both parents are expected to contribute financially to their children’s needs, understanding exactly what is covered by child support can sometimes be a complex matter. By working with an attorney to understand how the law applies in their situation, parents can ensure that their children will have the necessary financial resources, while also making sure they will have the means to support themselves.

Basic Child Support and Additional Child-Related Expenses

In Illinois, parents’ child support obligations are determined using a method that takes both parents’ incomes into consideration. The law details a method of calculating what is known as the “basic child support obligation.” This amount is meant to represent the regular, ongoing expenses that parents would have paid for their children if they were still married.

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 Posted on August 16, 2021 in Family Law

Domestic violence affects the lives of millions of people every day in the United States, and Illinois residents are no exception. If you or a loved one has experienced domestic violence or abuse, you may have questions about protection orders. In Illinois, an Emergency Order of Protection is often issued on the same day that it was requested. It prohibits the subject of the order from contacting or coming near the petitioner and may also contain other provisions such as a provision requiring the subject to surrender his or her firearms. An order of protection also helps to create an official record of the abusive person’s behavior. However, many abuse victims fail to get this important and potentially life-saving protection because they do not know if what they experienced was technically abuse under the law.

Can I Get an Order of Protection If the Abuser Never Physically Harmed Me?

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 Posted on August 13, 2021 in Paternity

Originally published: May 16, 2016 -- Updated: August 12, 2021

UPDATE: It is important for fathers to understand that attempting to avoid responsibility for a child by refusing to sign the birth certificate or acknowledge fatherhood is usually not a good strategy. Even if a person did not want to have a child and does not want to be involved in the child’s life, they may still bear some responsibility for ensuring that the child’s needs will be met.

While a father may choose not to voluntarily acknowledge paternity, the child’s mother or other parties, such as a child support agency, may take legal action to establish paternity for the child. In these cases, a court will usually order DNA testing to be performed, and if a test shows that a man is the child’s biological father, he will be recognized as the legal father. Even if a father will not be sharing in parental responsibilities or spending any parenting time with the child, he will most likely still be required to pay ongoing child support. Typically, a father’s responsibilities toward a child will only be terminated if the child is adopted by another party, such as a step-parent or a relative. In these cases, the father may voluntarily relinquish parental rights and responsibilities, and the adoptive parent will be named the child’s legal parent.

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 Posted on August 12, 2021 in Divorce

We typically think of marriage as a romantic partnership. However, marriage is also a legal relationship. When a married couple divorces, they will need to follow certain procedures to dissolve the legal marital relationship. If you are thinking about getting divorced in Illinois, you may wonder what the process entails. For example, you may wonder what the legal grounds for divorce are in Illinois, or whether there is a waiting period before you can file for divorce. The better educated you are about the divorce process in Illinois, the better prepared you will be to end your marriage on your terms.

Illinois is a "No-Fault" Divorce State

Sometimes, well-meaning friends and family members give inaccurate and outdated divorce advice. One reason that this happens is that laws are always changing. Prior to January 1, 2016, Illinois had two options for divorce: fault-based divorce and no-fault divorce. Fault-based grounds were things like infidelity or abuse. However, Public Act 99-90 eliminated all of the fault-based grounds for divorce in the state of Illinois.

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 Posted on August 03, 2021 in High Asset Divorce

Whenever a couple chooses to end their marriage, they will need to address multiple legal and financial issues. High net worth divorce cases can be very complex, especially when it comes to the division of marital property. These couples will likely own multiple types of high-value assets, and as they determine how to divide these assets fairly, they will also need to understand the financial implications of the decisions they make.

Dividing High-Value Assets

During a high net worth divorce, couples will need to gain a full understanding of all of the assets they own, including marital assets acquired during their marriage and separate property each spouse owned before getting married. Assets that these couples need to address may include:

• Jewelry, artwork, and collectibles - Certain items owned by a couple may have both financial and sentimental value. In many cases, appraisals may need to be performed to determine the value of these items and ensure that they can be divided fairly.

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 Posted on July 27, 2021 in Child Support

Although the most commonly known method of collecting child support is through a court order as part of the Illinois divorce process, there are actually two ways of petitioning to collect child support. The first, as previously mentioned, is through an Illinois court. The second is by filing with the Illinois Division of Child Support Services (DCSS).

If you are a parent of a child and you are attempting to collect child support, read on to learn more about the advantages and disadvantages of using DCSS to assist you, as well as how hiring a skilled child support attorney can help.

How Can DCSS Help Me Collect Child Support?

One major advantage of DCSS is that its services are free. These services include, but are not limited to:

• Establishing paternity in order to determine who is responsible for paying child support

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 Posted on July 23, 2021 in Property Division

So much of the conversation when we talk about divorce centers around the allocation of assets–property, money, investments. But a couple’s allocation of debt is often just as important, especially in an age where so many people carry the burden of enormous student loans.

Here, we will discuss different types of debt, the factors that can affect debt division, and the process by which debt is divided in an Illinois divorce.

Types of Debt

Marital assets and debts follow a similar pattern in a divorce. Debt that was owned by spouses prior to the marriage will generally be owned by that same spouse after a divorce. Debt that was taken on during the marriage is generally considered marital debt and will be divided between the spouses.

This is especially true when the debt is held under the name of both spouses, such as mortgages and home equity loans. Credit card debt can also be considered marital debt when it was taken out by only one spouse during the marriage if it was spent on items jointly used by the couple. For example, if a spouse used a credit card in their name alone to buy groceries for the entire family, the court may rule that both spouses are responsible for paying off that debt.

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 Posted on July 20, 2021 in Asset Division

Most couples buy a home at some point in their marriage. The family home is often the most valuable asset a couple owns, and the prospect of figuring out how to divide it in a divorce can be daunting. Fortunately, Illinois courts have established means of handling property division during divorce, and homes are no exception.

Who Gets to Keep the House?

Sometimes, it is necessary for a divorcing couple to sell the family home and divide the equity. However, it is common for one spouse to keep the home. Which spouse that will be may depend on a variety of factors, including each spouse’s financial situation, employment, and personal preferences. If there are children involved, the parent who is given the most parenting time may get to keep the home. The spouse who leaves the home may be able to recover their share of the home’s value in one of several ways.

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 Posted on July 15, 2021 in Child Custody

Although some parents will act aggressively to get full parental responsibilities for their children, others feel differently. You may not want full or even partial custody of your child for a number of reasons. Your job, your children from a previous relationship, your desire for privacy, or your feelings that you are not equipped to provide the care your child needs are all possible reasons for wanting your child’s other parent to have the majority of the childcare responsibilities.

What is Best for the Child?

Whether during divorce proceedings or when establishing parental responsibilities between unmarried parents, the court will make decisions according to what is in the best interests of the child. The court also takes the preferences of the parents and the child into account. If you do not want custody of your child at all, the court will most likely award full custody to the child’s other parent.

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