Posted on February 29, 2020 in Divorce and Finances

A spouse who owns a business is capable of manipulating their income during a divorce. Reporting a lower income means that they may not have to pay as much towards child support or spousal maintenance. A business owner may intentionally lower their income leading up to the divorce through methods such as:

• Deferred compensation
• Putting more of their revenue towards business expenses
• Delaying customer payments until after the divorce

If you believe your spouse’s reported income is unusually low, you need to investigate their business and income records to see where their money is going. It is important to act on your suspicions during your divorce.

Recent Case

In the Illinois case of In re Marriage of Onishi-Chong, a woman was petitioning to revise her divorce settlement because she claimed her former husband fraudulently concealed his income. The husband is the co-owner of a financial advising company. During the divorce, the petitioner claimed that her husband’s income should be higher than what he reported, based on the following observations:

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 Posted on February 26, 2020 in Divorce

There are several factors that comprise a healthy marriage, one of which may be sexual intimacy. How important sex is to marriage depends on the couple and the stage they are at in their lives. For couples that place high importance on their sexual activity, sexual dysfunction can strain a relationship and, in some cases, contribute towards the decision to get divorced. Examples of sexual dysfunction include:

• Erectile dysfunction
• Impotency
• Sudden loss of sex drive
• Medical conditions that make physical contact uncomfortable
• An emotional trauma that causes a fear of intimacy

While you have every right to divorce because of an unsatisfying sexual relationship, you should understand all of the consequences of divorce before you make this important decision.

How Does Sexual Dysfunction Factor into Marital Law?

It is unnecessary to cite sexual dysfunction when filing for divorce because the only reason that Illinois accepts for getting a divorce is irreconcilable differences, which you do not have to explain. If you are looking to annul your marriage instead of divorce, one of the reasons you can cite is that your spouse cannot have sexual intercourse. However, you need to prove that your spouse knew about this sexual dysfunction and withheld that information from you before you married.

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 Posted on February 26, 2020 in Divorce

Getting divorced is a stressful situation for most couples. Even if both spouses agree to the divorce, one can end up feeling overwhelmed, especially if there are children involved. When spouses become adversaries in legal situations, it is not uncommon for one or both spouses to begin to hide certain information or partake in other activities that could damage the family or affect the outcome of the divorce. In some situations, hiring a private investigator may be beneficial to help you uncover information. Here are a few ways in which a private investigator may be beneficial for you:

You Suspect Your Spouse Is Cheating on You

In Illinois, the only type of divorce that is recognized is a no-fault divorce. This means you do not have to cite a reason for the divorce, other than stating that the two of you have irreconcilable differences. Even though you cannot use your spouse’s adultery as a means of proving fault, it can still benefit you to discover whether or not your spouse is cheating on you. If it is determined that your spouse wasted marital assets on a lover during the marriage, you may be able to prove that he or she is guilty of dissipation. A private investigator will be able to gather evidence of a partner’s infidelity, which may prove beneficial when addressing issues related to the division of marital property.

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 Posted on February 23, 2020 in Divorce

When your divorce has you feeling stressed or upset, it is tempting to release your frustrations on an obvious target: your spouse. Petty or spiteful behavior may feel immediately satisfying, but it can have a negative impact on your divorce, with you often paying the price. Treating your spouse poorly, at the very least, is counterproductive towards amicable negotiations. In some situations, it can affect your allocation of parental responsibilities and the division of property. Here are four examples of spiteful behavior that you should avoid during your divorce:

1. Taking Digs at Your Spouse During Negotiations: Your divorce negotiations are a time when you work out key details of your agreement. The process works best when both sides are professional and respectful towards each other. Snide comments directed towards your spouse makes them defensive and could lead to a larger argument. If you feel an urge to make such comments, it is better to stay quiet and let your attorney speak for you.

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 Posted on February 20, 2020 in Child Custody

The Illinois Department of Children and Family Services (DCFS) is tasked with protecting children who may be victims of abuse or neglect. Thus, it must take any credible accusations seriously. As a parent, receiving a notification from the DCFS is frightening because you do not know whether you will lose the right to see your child. The stakes may seem even higher if you are accused of child abuse during your divorce. If the DCFS indicates you for child abuse or neglect, it will negatively affect your allocation of parental responsibilities.

How DCFS Cases Start

Do not assume that your spouse is the one accusing you of child abuse just because the accusation comes during your divorce. The DCFS allows anyone to report suspected cases of child abuse or neglect, and people such as teachers and doctors are required to report their suspicions. However, the DCFS requires the reporter to provide details that will make the accusation credible, such as a description of the child’s injuries, the child’s explanation for the injuries, and observations of the alleged abuser’s interactions with the child.

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 Posted on February 19, 2020 in Asset Division

When you get a divorce, one of the most difficult subjects to handle is the division of property between you and your spouse. Not only can it fuel the emotional side of divorce, but property division can become complicated when trying to determine what to do with specific assets and how to make the division as fair and equitable as possible. There are a variety of factors that come into play when determining how marital property is divided.

Dividing Real Property

Some of the most complicated issues arise when it comes time to determine how real estate property is divided. Because a home cannot be physically split in half, couples sometimes have to get creative when distributing the value of this property. Spouses typically have three choices when it comes to dealing with the home: selling it and splitting the profits, keeping it in one spouse’s name while that spouse "buys out" the other spouse's share, or continuing to jointly own the home.

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 Posted on February 18, 2020 in Cohabitation

“Palimony” is a term sometimes used after a couple has ended a long-term relationship in which they lived together without marriage. There are different definitions for palimony because it is not an official legal term but a play on words using “pal” and “alimony.” The basic definition is that it is the equivalent of spousal maintenance for cohabiting couples. Some expand that definition to include each party’s right to shared properties from the relationship. Illinois residents need to know that the state does not recognize palimony as a right between unmarried couples but that they can establish property claims by creating a cohabitation agreement.

Palimony Rulings

A 1979 Illinois Supreme Court ruling on the case of Hewitt v. Hewitt is often cited as a landmark decision that set the precedent on issues such as palimony. Since the early 1900s, Illinois has outlawed common law marriage, a practice that recognizes long-term domestic partners as effectively married. In the 1979 case, the Supreme Court found that cohabitation does not grant people the same rights to property and financial support as they would receive if they had been married. The Supreme Court was asked to reconsider this ruling in 2016 with the case of Blumenthal v. Brewer but upheld its original decision. Because of these rulings, cohabitants living in Illinois have no legal claim to palimony because it would give them the same benefits as spousal maintenance.

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 Posted on February 15, 2020 in Divorce

It is common to feel eager about jumping back into the dating scene following your divorce. How soon is too soon to start dating again? Ideally, you should reach a state of emotional acceptance about your divorce, which each person achieves at their own pace. However, it is a bad idea for anyone to start dating while their divorce is still ongoing. You are unlikely to have moved past your marriage when it is technically not over. Even if you think you are emotionally ready, dating during your divorce may hurt your ability to achieve your divorce goals:

1. Your Spouse Will Be Upset: Your spouse may become more difficult to negotiate with if they learn that you are seeing new romantic partners. Even though you both know that your relationship is over, they will likely feel hurt and betrayed that you have already started dating again. Your spouse may retaliate by being more stubborn and vindictive towards you, which will make it more difficult to reach a compromise.

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 Posted on February 12, 2020 in Asset Division

During a divorce in the state of Illinois, property is divided on an equitable basis if it is left up to a court judge to make the decision. This means that each spouse will receive his or her fair share of the marital estate, but this does not necessarily mean that everything will be divided in half. You probably already know that things such as your checking and savings accounts, household possessions, and other tangible assets are all part of the marital estate and subject to the property division process. What you may not realize, however, is that other parts of your financial portfolio may also be subject to division, such as your retirement funds.

Retirement Funds Are Usually Marital Property

For many people, their retirement fund is one of the most valuable assets that they own. Even though retirement accounts are often funded with wages from your own job, any gain or increase in value of your retirement account that occurred during the marriage is considered to be marital property and therefore subject to division. Retirement accounts are different than normal checking or savings accounts, and the way you are allowed to access the money is more restrictive. Because of these restrictions, accounts such as 401(k)s and IRAs usually get special treatment during divorce.

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 Posted on February 10, 2020 in Child Support

There are two ways that you can petition to collect child support in Illinois. One way is to file the child support claim directly in court, often as part of a divorce case. The other way is to file with the Division of Child Support Services (DCSS) at the Illinois Department of Healthcare and Family Services. A parent who receives public assistance such as Temporary Assistance for Needy Families must use the DCSS to receive child support, but any parent can apply for state child support services. Should you petition for the DCSS to handle your child support case? While there are some advantages to the state system, the disadvantages can make the process a pain.

Advantages

The DCSS, with assistance from the Illinois Attorney General’s office, provides several free child support services, including:

• Filing the court order for child support

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