Posted on May 11, 2021 in Divorce

Getting a divorce is a stressful process for most people. In many cases, it can be difficult for a person going through a divorce to look toward the future and preemptively plan for something like their finances. However, it is extremely important that you begin looking at your financial situation before or during the divorce process so you do not suffer unnecessarily after everything is said and done. Most people who go through a divorce experience some sort of change in their financial situation, especially when it comes to their income and financial goals. Making a solid financial plan before you are thrust into post-divorce life can be helpful and even crucial for success after divorce.

Assessing Your Financial Situation

In many marriages, only one of the spouses really knows the details of the family’s finances. This person is commonly referred to as the "in spouse" while the other spouse is referred to as the "out spouse." The "in spouse" is typically the person who pays the bills each month, does the investing, and possibly consults with a financial planner. Because of this, the "in spouse" usually has a leg up in a divorce because they have a better understanding of the household finances. If you are the "out spouse," the first thing you should do as you prepare for divorce is to assess the situation and attempt to gain an understanding of your finances.

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 Posted on May 05, 2021 in Order of Protection

Nobody ever thinks that they will become a victim of domestic violence until it happens to them. Unfortunately, domestic violence happens much more frequently than you may expect. According to the National Coalition Against Domestic Violence, more than 10 million people in the United States are victims of domestic violence each year. In 2019, there were 193,800 domestic violence calls made to the Chicago Police Department alone, along with 24,400 calls made to the Illinois Domestic Violence Hotline, according to data from The Network: Advocating Against Domestic Violence, an organization dedicated to helping victims of domestic abuse. Many victims of domestic violence never seek help, but the ones who do have options available to keep themselves and their families safe. One widely used method is petitioning for an order of protection from the abuser.

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 Posted on May 04, 2021 in Divorce

Making the decision to divorce your spouse is a huge step. In many cases, making that decision takes months, if not years, to solidify and begin the process. One of the first steps in the process is to find a divorce attorney who can help you accomplish your goals in your divorce. Before you hire just any attorney, however, you would be wise to set up initial consultations with any lawyers you are considering working with. An initial consultation is a way for you to meet the attorney, ask questions, get to know your attorney, and discover how they can help you and what they can provide during your divorce. Many people getting a divorce find the process of hiring an attorney to be intimidating, but as long as you are prepared, your consultation can be a productive one.

Make Sure You Come Prepared

When you go to a divorce consultation, you are in control. You will get the most out of your divorce consultation if you bring information to the meeting. The more information you are able to bring, the more productive your consultation will be. You should try to bring basic information about your financial situation, like recent pay stubs and tax returns. If you and your spouse have a prenuptial or postnuptial agreement, you should bring that. You should also be prepared with basic information about you, your spouse, and your children, along with things like the date you were married and the date you and your spouse began your separation.

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 Posted on April 28, 2021 in Prenuptial & Postnuptial Agreements

A prenuptial agreement (prenup) is a premarital contract regarding a couple’s property and assets, including how they will be handled in the event of a divorce. To be legally enforceable in our state, a prenuptial agreement must conform to the legal requirements contained in the Illinois Uniform Premarital Agreement Act. Even a seemingly small error could render a premarital agreement unenforceable. Here, our family law attorneys highlight four of the most common reasons why prenups are deemed invalid in Illinois.

No Formalized, Written Agreement

In some circumstances, you do not necessarily need a written agreement to have a valid contract. An oral contract is sometimes enforceable in Illinois. However, an informal or oral prenuptial agreement is never valid in Illinois. Under state law, a prenup must be “in writing and signed by both parties.” An informal pre-marriage “deal” is simply not enforceable. Only written and formalized prenuptial agreements will be enforced by state courts.

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 Posted on April 27, 2021 in Child Custody

One of the biggest concerns that many parents have during the divorce process is the effect it will have on their children. The irony of this is that the parents themselves have significant control over how their children are affected. Many people think the mere fact that parents are splitting up will be enough to permanently harm a child for life, but studies have shown that the level of conflict parents display to their children is a much more important factor when it comes to determining how much of an effect a divorce has on the children. Children whose parents are constantly in conflict suffer from more negative effects than the children of parents who get along.

Co-Parenting For Your Children’s Best Interests

With this in mind, it is important that you and your spouse keep the conflict to a minimum, especially when around the children. Co-parenting after your divorce can be complicated, especially if your divorce was less than amicable. Here are a few things you can do to help keep the conflict at bay during and after your divorce:

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 Posted on April 26, 2021 in Property Division

Going through a marital separation is always challenging—even more so if you find out that your spouse is wasting money or property immediately prior to the divorce. The intentional or reckless waste or abuse of marital property is called the dissipation of assets, and it could be grounds for a remedy in the division of property. As you prepare for your divorce, here are the most important things you should know in order to recognize and address the dissipation of assets if necessary.

How Does Illinois Define Asset Dissipation?

In Illinois, the dissipation of marital property is broadly defined as the unreasonable or improper waste or abuse of jointly held assets for one spouse’s sole use. Under the state’s family law code, dissipation only occurs relatively shortly before a divorce petition was filed or after a divorce petition was already filed. Some specific examples of conduct that could constitute the improper dissipation of marital assets include:

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 Posted on April 22, 2021 in Family Law

If you are involved in a family law dispute—a divorce, a child custody case, a disagreement over child support, etc.—you may need to go to court to obtain a fair and just resolution. When in family court, it is essential that you are able to present a strong, well-supported case. In some circumstances, expert witness testimony may be needed. Here, our attorneys explain the important things you should know about using expert witnesses in a family law case in Illinois.

Expert Witnesses Provide Context and Clarity For Complex Matters

Witness testimony is an important form of evidence in many kinds of legal cases. In family law disputes, there are three main types of witnesses. Fact witnesses testify to a specific event they saw or a specific matter about which they have personal knowledge. Character witnesses testify to the overall disposition of the parties involved in the case. Expert witnesses are educated specialists who help bring context and clarity to a complicated matter. In family cases, an expert witness may be called to testify regarding:

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 Posted on April 22, 2021 in Divorce

Being a physician can be an extremely rewarding career, but it can also be very demanding. In some positions, doctors can work long, tireless hours on their feet for days in a row, all for the benefit of their patients. Unfortunately, this can often be at the expense of their families. More hours at work often means less time spent with the family, which in some cases, can end up leading to a divorce. According to a study published in 2015, the divorce rate among physicians was around 24.3 percent, making divorce fairly common among doctors.

Considerations During Divorce

All divorce cases have the potential to be complex, though for physicians, there is a higher chance of certain elements such as owning a private practice that could possibly complicate your divorce. Here are a few things you should keep in mind when divorcing as a physician:

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 Posted on April 20, 2021 in Property Division

Dividing property in a divorce is never easy, particularly when it comes to complex financial assets, such as retirement benefits or a retirement account. This raises an important question: How do we divide retirement assets in a divorce? A special type of legal order known as a Qualified Domestic Relations Order (QDRO) offers a solution. In this article, our divorce lawyers provide an overview of QDROs and explain how they can be used to protect your financial interests.

Understanding the Basics of QDROs

A Qualified Domestic Relations Order is a tool that a divorcing couple can use to effectively and efficiently split up certain types of retirement assets. As described by the Internal Revenue Service (IRS), a QDRO is “a judgment, decree or order for a retirement plan” for the purposes of dividing marital assets or providing child or spousal support. The importance of a QDRO cannot be overstated. When divorcing couples in Illinois fail to get a proper Qualified Domestic Relations Order, they often face the following three problems:

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 Posted on April 15, 2021 in Child Support

Parents have a legal responsibility to provide financial support to their children. In Illinois, child support obligations are calculated based on state guidelines that look primarily at each parent’s income. While these guidelines work well in many cases, there are exceptions. One possible exception is a case in which a parent’s actual income differs substantially from what they could be earning.

Imputed Income Explained

Whenever reasonable, the Illinois child support calculation will account for each parent’s actual income at the time when the order is established. This helps to ensure a fair and equitable result, and it often provides protection for a parent with few financial resources. However, in some cases, a parent’s actual current income is misleading given their financial resources or their ability to earn. Under these circumstances, the court may decide to use imputed or potential income in the calculation instead.

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