Call Us630-382-8050

2445 Dean Street, Suite G, St. Charles, IL 60175

Subscribe to this list via RSS Blog posts tagged in divorce

st. charles divorce lawyerFrom posting vacation photos on Instagram to announcing the birth of a child on Facebook, people use social media for various reasons. Although social media has its benefits, it can cause issues during an Illinois divorce. To prevent complications in your divorce case, try to limit what you post on these sites.

How Social Media Can Damage Your Divorce Case

When you make a post on social media, it may get taken out of context, which can be problematic for your divorce. For instance, let’s say that you go out to the bar one night with a few friends and post a photo of the group on Facebook. Although you are not doing anything wrong, the photo may lead some people to believe that you are an irresponsible parent who drinks too often. Your ex may even try to use that photo in a custody proceeding to suggest that you are an unfit parent.

Posting on your social media may also have financial consequences for your divorce. If you, for example, post a photo of a new vehicle you purchased, despite claiming financial difficulties, your ex’s lawyer may argue that you are hiding assets. 

...

St. Charles divorce attorney parenting time

Not all divorces and separations are amicable and they do not always result in the desired outcome. In fact, when children are involved, few do. The allocation of parental responsibilities and parenting time (previously referred to as child custody and visitation) is a contentious and emotional issue, as the court’s decision will affect the child and both parents for years to come.   Co-parenting requires a couple to find some grounds for cooperation and mutual understanding when, in reality, neither of those two factors was strong enough in the relationship to make it last in the first place. So how do you deal with it now? 

For some parents, the task of entrusting their child to a partner they do not believe is fit to be a guardian is too much to bear, and they may wonder if they can simply refuse to allow parenting time to continue. If you are heading down this path or need legal counsel to re-address custody or visitation rights, contact the family law attorneys at our office as soon as possible, we can help guide you in the right direction.

...

St. Charles family law attorney child custody

One of the greatest challenges that parents face during divorce and child custody battle is keeping their feelings under control and not discussing their feelings about the other parent in front of their children. Children are smarter and more intuitive than we often give them credit for. Even a young toddler still learning to speak can sense the hostility that is being directed toward a parent when the other is talking about them behind their back. Multiple studies have shown that alienating a parent has life-long implications for children, with the potential to cause low self-esteem, self-hatred, depression, substance abuse, lack of trust, and more. The following are a few tips to follow if you are involved in a child custody battle. For more details that may apply to your particular situation, an experienced family attorney can assist you.

Posting Online

It is important to remember that the other party can and will use everything to their advantage. This means that if you post negative comments, send threatening emails or texts, or come off as the bitter, angry party, it will be used to your disadvantage. Keeping a calm demeanor is both important inside the courtroom, as well as outside.

...

St. Charles family law attorney property division

When a couple is going through a divorce, property and asset division is often one of the most important concerns. It can also be a very difficult one, especially if the couple has amassed significant assets and/or property during their marriage. The first step your divorce attorney will take is assessing what should be deemed marital property and what should be deemed nonmarital property. While this may seem fairly straightforward, it is not uncommon for spouses to disagree on what is and is not marital property.

Marital Property Versus Premarital Property

Under Illinois divorce law, property that is acquired and owned during the marriage is considered marital property. However, property that you acquired and owned prior to marriage is considered your premarital property. This property is not considered part of the divorce and should be immediately transferred to the person who originally owned the property. There is one caveat, however, and that is if there was an increase in the value of the premarital property during the marriage, that increase may then be considered a marital possession.

...

St. Charles family law attorney child custody

Of all the issues that a divorcing couple must contend with, child custody is often the most contentious issue they face. Even the friendliest of divorces can quickly turn adversarial when discussions about the allocation of parental responsibilities and developing a parenting plan come into the picture. These strong emotions can make custody disputes difficult, and they can also prompt parents to make mistakes. In some situations, these mistakes can end up being the deciding factor in where the judge decides the child should live. Consequently, it is important for parents in these disputes to stay civil, stay honest, and stay persistent, so that they can have their best chance at the custody arrangement that is best for their child.

Stay Civil

Staying civil is one of the most important parts of the child custody process, and all too often parents fail to do it. While this is understandable in light of the important issues being decided, rudeness will do more harm than good. Illinois law gives family court judges a wide range of discretion to decide custody issues, with the most important factor the judge considering is what is the best interest of the child. A judge seeing one parent being uncivil to the other may not look too favorable on the offending parent, especially if the other parent stays above it.

...

St. Charles family law attorney divorce

Over the past several years, the divorce rate in the United States has been decreasing. In 2019, the rate was a record low, with only 15 out of every 1,000 marriages ending in divorce. This was the lowest rate of divorce this country has seen since 1970. Not only has the divorce rate been dropping, but the median duration of marriages has also increased by almost one year in the past decade. In 2010, the median length of a marriage in the United States was 19 years. In 2019, the length was up to 19.8 years. Below is a look at some of the reasons for these statistics.

Rates of Marriages and Divorces

It is projected that the divorce rate will continue to drop, despite the ongoing COVID-19 pandemic. Last March, when the pandemic first hit this country and states shut down, early projections were that that stress caused by couples and families being locked down together would cause divorce rates to spike. And while there were couples whose marriages did not survive this forced “together” time, data collected reveals that the pandemic actually resulted in many couples becoming closer. In fact, in one major survey, more than half of the 3,000 people surveyed said that the pandemic had strengthened their relationships with their spouse, they had found their commitment to their marriage had deepened and made them appreciate their spouse more than they had before.

...

St. Charles divorce attorney hidden assets

One of the most crucial parts of an Illinois divorce is the submission of each spouse’s financial affidavit. The financial affidavit is where you will list your income, assets, debts, and expenses. It is often the first divorce-related document on which a deceptive spouse may lie. Divorcing spouses have many reasons to fabricate financial information during a divorce. Some are hoping to lower the amount their spouse receives in a property division settlement. Others are hoping to reduce the amount they pay in spousal support or child support. If you are getting divorced in Illinois, it is important to be watchful for signs of hidden assets and other financial deception.

Manipulating the Outcome of the Divorce by Hiding Assets  

Spouses are expected to disclose all of their assets and income. Some spouses intentionally leave out sources of income in order to artificially reduce their net worth. There are many different ways that a spouse may attempt to sway the divorce decree in his or her favor. A spouse may “forget” to include sources of income or certain property on his or her financial disclosure. He or she may undervalue assets, create fake expenses, lie about business revenue, transfer property to friends and family, or intentionally overpay the IRS. Some spouses hide assets by literally hiding cash in their home, office, or safety deposit box.

...

St. Charles family law attorney divorce

As the 2021 tax filing deadline approaches, you may have questions about how your recent divorce will affect the filing process. The financial aspects of divorce can have a variety of tax implications, one of which is the filing status you will use when completing your tax return. Depending on the situation, you may have options when it comes to your filing status, which in turn can significantly impact your tax obligations.

How to Determine Your Filing Status

If you have recently begun or completed the divorce process, your 2021 tax filing status may depend on several factors, including the date of your divorce and the terms of the resolution. In most cases, your filing status will be one of the following:

...

St. Charles divorce attorney parenting time

While married parents are often able to work together to provide for their children and make important decisions about their well-being, the task of co-parenting can be more complicated after a divorce. Divorced parents often need to find a way to coordinate matters regarding their children while living in different homes, and this can be further complicated when there is a certain degree of conflict between the two parents. Matters related to a child’s health and medical needs can be some of the most challenging for divorced parents, especially at a time when health issues are front and center in the public eye.

Which Parent Makes Decisions About a Child’s Health?

Part of the allocation of parental responsibilities during the divorce process is determining how parents will share decision-making authority for their children. Typically, a parent has responsibility for the child’s day-to-day health and routine decisions during his or her scheduled parenting time. This includes fulfilling the child’s needs related to nutrition, sleep, and hygiene, as well as any regular medical needs. If the child has a medical or health emergency during a parent’s parenting time, that parent also has the responsibility to make appropriate decisions to respond to the situation.

...

St. Charles divorce attorney parenting time

Many parents who are going through the divorce process are able to set aside at least some of their differences to work together on a parenting agreement that serves the best interests of their children. However, there are also divorces in which parenting time and parental responsibilities are a major source of conflict, and not just because the parents have trouble getting along. In some cases, a parent has concerns about their children spending time alone with the other parent, which may lead them to pursue parenting time restrictions.

Illinois Parenting Time Restrictions

It is important to note that just because one parent is granted a greater share of parenting time or parental responsibilities, that does not necessarily mean that the other parent’s time or responsibilities are restricted. The court will usually prioritize a parenting plan that allows each parent as much time as possible with the children. That said, the children’s best interests are the most important consideration, and sometimes children benefit from more time living with one parent to allow them to maintain their education and after-school routine with minimal interruptions.

...

St. Charles divorce attorney parental relocation

Getting divorced and moving to a new location are both significant sources of stress in a person’s life, and the stress can be compounded when one happens soon after the other. A parent seeking to move with his or her children after a divorce is often especially complicated, as it can have a major impact on the other parent and his or her ability to maintain a relationship with the children.

In Illinois, parents who intend to relocate a certain distance away from their children’s current residence must obtain approval from the other parent or the court, but in most cases, this approval is just the beginning of the legal action necessary for the relocation to take place. Parents will also often need to consider substantial modifications to their current parenting plan or agreement, especially regarding parenting time.

...

St. Charles divorce attorney legal separation

Some states require a waiting period during which a married couple must be separated before a divorce can be finalized, and Illinois used to be the same. However, since 2016, an Illinois couple can proceed with a divorce at any time as long as one of the spouses has been an Illinois resident for at least 90 days and the marriage has broken down due to irreconcilable differences. That said, while a legal separation is no longer a necessary step on the path to divorce in Illinois, it is still an option, and you may have questions regarding whether it is a good idea in your case.

Potential Benefits of Legal Separation

Many married couples choose to live apart from each other while considering a divorce. If you and your spouse have already taken this step, but you are not yet sure that you want to initiate divorce proceedings, you can instead petition for a judgment of legal separation. Doing so offers several possible legal benefits, including:

...

St. Charles divorce attorney allocation of parental responsibilities

For many years in Illinois, issues regarding children in a divorce were referred to under the umbrella term of “child custody.” However, since 2016, this term is no longer used in state law statutes, with the relevant issues instead identified as “parenting time” and the “allocation of parental responsibilities.” Parenting time is fairly straightforward, as it refers to the time that the children will spend living with each parent on a regular basis. However, you may have questions regarding what exactly it means to allocate parental responsibilities between you and your spouse during the divorce process.

What Parental Responsibilities Must Be Allocated in an Illinois Divorce?

Illinois law states that during a parent’s allocated parenting time, he or she has the authority to make “non-significant” decisions related to the child. This encompasses a wide variety of routine decisions and allows a person the freedom to parent without worrying that every action may potentially violate the divorce resolution. However, certain decisions are considered significant and must be addressed directly in a parenting agreement. These significant decisions include those related to:

...

St. Charles divorce attorney spousal maintenance

In Illinois, spousal support or maintenance is not a guaranteed part of all divorce orders; rather, it is generally only ordered if one spouse has a financial need and there is an imbalance in income and assets between the two parties. As a result, it can often be a contentious part of the divorce process, as the two parties may have different ideas as to whether a spousal support order is justified. This contention may continue even after the divorce is finalized as both parties’ circumstances change. If you have been ordered to pay spousal support and you believe that you should no longer have to do so, you may have legal options to pursue the modification or termination of the spousal support order.

Reasons to Modify a Spousal Maintenance Order

You should know that it is usually not possible to stop paying spousal support simply because you are angry or upset with your ex-spouse. Rather, you will need to demonstrate to the court that there has been a substantial change in circumstances that justifies a reduction to your obligation. Possible reasons for a modification include:

...

St. Charles divorce attorney parenting time

When you are getting a divorce, reaching an agreement on parenting time can be challenging both emotionally and logistically. It is often hard for parents and children alike to adjust to an arrangement in which they no longer live with each other full time, and with the schedules of several different people to consider, it may be hard to find a solution that allows both parents to make the most of their time while interrupting the children’s routine as little as possible. It is important to think carefully as you create your initial parenting plan and to be open to change in the coming years if necessary.

How to Create a Parenting Time Schedule

During the divorce process in Illinois, the court will usually ask each parent to submit a proposed parenting plan that addresses many important issues regarding parenting time, including a schedule of days to be spent with each parent, plans for transportation between homes, provisions for holidays, and other extenuating circumstances, and provisions for the process of modifying the plan in the future. The court will issue a decision after reviewing both parents’ proposed plans. However, if the parents are able to work together to create a plan, the court will often approve of it as long as the proposed plan is in the children’s best interests.

...

St. Charles family law attorney postnuptial agreement

Most people are familiar with the concept of a prenuptial agreement, if for no other reason than the media attention given to many high-profile marriages and divorces. Postnuptial agreements are not as well-known, but they are a viable option for many married couples when the partners have assets they wish to protect. Although they are not necessary for every marriage, it may be worth considering whether a postnuptial agreement is a good choice for you and your spouse.

What Can a Postnuptial Agreement Include?

Postnuptial agreements can address many of the same matters as prenuptial agreements, with the primary difference being that prenuptial agreements are established before the partners are legally married, while postnuptial agreements are established after. Some specific items that you may want to address in a postnuptial agreement include:

...

St. Charles divorce attorney spousal support

Infidelity on the part of one or both spouses is one of the most common reasons for a marriage to fail. If your spouse has been unfaithful and you are unable to work through it together, a divorce may be imminent, and it is reasonable to wonder how the infidelity might affect the divorce process. The answer may surprise you, but it can also help you prepare more effectively for your divorce.

Infidelity Is Not a Legal Reason for Divorce in Illinois 

Though a spouse’s unfaithfulness may be a major contributing factor, or even the most important factor, in your personal decision to get a divorce, Illinois is a no-fault divorce state in which irreconcilable differences are the only legally recognized grounds for divorce. This means that an unfaithful spouse will not be held responsible for causing the divorce, and the infidelity will not be considered by the court in any decisions regarding the division of property, spousal support, or the allocation of parental responsibilities. However, this does not necessarily mean that infidelity will have no impact whatsoever on the way your divorce proceeds.

...

St. Charles divorce attorney debt division

Over the course of a marriage, a couple often accumulates significant property and assets together. However, the flip side is that they also often incur a significant amount of shared debt. In the event of a divorce, when the couple must transition from one financial entity to two, it is important to account for both assets and debts in the equitable division of property. This often makes for a complicated process, and it is important to understand how you may be affected if you and your spouse have to divide marital debt.

Common Sources of Marital Debt

The first thing you should know is that under Illinois law, marital debt can include not only loans that you and your spouse have taken out together but also many types of debt incurred by each of you individually during your marriage. Some of the most typical examples of marital debt include:

...

St. Charles divorce attorney child support

When a child’s parents are divorced or unmarried, child support is an important means of ensuring that the child’s needs are provided for financially. However, it is not always easy for a paying parent to fulfill his or her obligations, especially in the midst of financial hardship. If you are struggling to pay court-ordered child support for whatever reason, an attorney can help you explore your options and pursue the one that best meets your needs.

Child Support Obligations in Illinois

Since July 2017, basic child support obligations in Illinois have been calculated based on a proportional share of the two parents’ combined net incomes. This often helps to ensure that both parents are treated fairly and that child support obligations do not create an undue financial burden on either party. That said, you may still find it challenging to fulfill your obligation in the months and years following the initial court order.

...

Joliet divorce attorney spousal support

When you are going through a divorce, you may feel that you have enough on your mind simply trying to arrange for a fair distribution of marital property and make the case for spousal support. Other financial implications of your divorce, like the way it can affect your taxes, may often slip through the cracks, leaving a lasting negative impact on your future. However, with the assistance of an experienced divorce lawyer, you can plan for the effects of divorce on your taxes so that your financial situation remains secure.

Tax Implications of Divorce in Illinois

There are many ways that your taxes can be affected by a divorce, so this is by no means an exhaustive list. However, three common ways that taxes can come into play during the divorce process include:

...
Best Law Firm 2020 Emerging Lawyers Best 10 Avvo Leading lawyers Avvo
Back to Top