Posted on March 31,2022 in Illinois Divorce

Divorce judgments, also known as divorce decrees, are made during a marriage dissolution. These legal documents are intended to give ex-spouses a guideline for how their joint assets will be divided and allocate spousal and parental responsibilities. However, there are situations where an individual believes the court made a grave error in a decision made during a divorce proceeding. These errors can cause distress to a spouse or parent who feels the court ruled improperly. In Illinois, citizens have the right to appeal a final court ruling that has been implemented.

Valid Reasons to Submit an Appeal

It is essential to have a valid reason in the appealing process of making a change to important legal documents. Various circumstances could yield a good reason to appeal a decision. For example, if the court rules that one parent should not have visitation time with the children without understanding all of the evidence, that parent has the right to appeal that ruling. A spouse can not legally appeal a court decision simply because they are dissatisfied with the result of their case. There must be a legitimate legal flaw in the case, which could include:

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 Posted on March 27,2022 in Child Custody & Allocation of Parental Responsibility

Divorcing your spouse is tough and comes with many complex decisions, especially if you share children. If you and your spouse are both active parents in your children's lives, it can be hard to determine custody when splitting up the family. Often, this can lead to a contested divorce where partners can not agree on how to divide parenting time and custody. If you are currently dissolving your marriage with your partner and find yourself in a sticky situation disputing custody, these five tips may help you. 

Think About Your Parenting Strengths and Weaknesses

Parents must try to remain neutral when thinking about custody by keeping the children's best interests in mind. Parents should think about their own strengths and weaknesses and determine what would be best for the children. For example, if your spouse is way more active with the kids, but you are more of an authoritarian parent, consider letting your spouse parent over the weekends while you manage school days. Being honest is the best road to follow during a custody dispute. 

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 Posted on March 16,2022 in Family Law

When preparing for marriage or divorce, both spouses may decide to protect their assets through prenuptial or postnuptial agreements. By creating documents that outline the division of assets in the case of divorce, couples may be able to prevent highly contested divorces. These documents are in both parties' best interest because collaborative divorces are typically faster and less expensive than contested divorces. If you and your spouse are planning your marriage and how assets would be divided in the case of divorce, it would be in your best interest to discuss your plans with an experienced family law attorney. 

Prenuptial vs. Postnuptial Agreements

As indicated by the prefix of each word, prenuptial agreements are drafted before marriage, whereas postnuptial agreements are drafted after a marriage. There are a few reasons that couples may decide to draft these agreements. Firstly, having a prenuptial or postnuptial agreement can help protect independent finances for each spouse. It can also declare which assets belong to a corresponding spouse. In the case of separation or divorce, this can prevent court litigation over contesting belongings, finances, and other assets. Prenuptial and postnuptial agreements typically include who will retain the home, how joint finances and businesses will be divided, and how other material assets will be divided. 

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 Posted on March 09,2022 in Illinois Divorce

When becoming involved in any legal proceeding, it is essential to understand all of the terminologies used in your case. This can be difficult for many people as their case becomes increasingly complicated. During a divorce, there are many steps that must be taken to dissolve a marriage fully. In the scenario that a divorce is contested or becomes complex, new language between attorneys and judges may appear, such as dissipation of assets. To fully understand your divorce case, advocate for yourself, and ensure your legal rights are protected during the divorce, it is vital to understand dissipation and how it may affect you. 

What is Dissipation in Divorce?

Dissipation is defined as the squandering or wasting of money, property, or other essential resources. Dissipation in divorce can happen in many ways, but it has one underlying theme — a partner using shared assets for an individual benefit during the divorce. Too often, when dividing marital assets during a divorce, a lawyer or the other partner will uncover hidden or squandered assets. 

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 Posted on February 28,2022 in Illinois Divorce

Divorces are hard, and it can be even harder to part with some of the assets you collected over the course of a marriage. Spouses choosing to file for a divorce will have to divide their shared property, which can be a highly volatile situation if the partners are unwilling to agree. It is important to be okay with parting with some of the assets you have come to love such as your house, the flat-screen TV or even the car your spouse bought for you when dividing marital assets during a marriage dissolution. But, how do partners agree upon who keeps the dog? 

Shared Marital Property

After a while, pets become another member of the family. Your kids love them, you catch your so-called pet-hating spouse throwing the ball for them, and you even find yourself cuddling with them from time to time. Dividing property during a divorce is incredibly difficult. But how do you divide up another member of the family?

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 Posted on February 21,2022 in Illinois Divorce

The decision to file for a divorce from your spouse can be a difficult process. Most couples try to make their marriage work by seeking out help from professional experts, implementing new communication strategies or attempting alone-time during a separation. However, if a marriage is no longer healthy or suitable for a couple, the spouses may decide it is time to file for a divorce. Despite media portrayals, divorces can be an easy process if the decisions are uncontested. It is in both spouses’ best interests to create a divorce checklist prior to filing for a divorce to make the process easy and fast for everyone involved. 

What Does the Divorce Process Look Like in Illinois?

Divorces in Illinois are no-fault divorces, meaning that there is no at-fault party. So, even if your spouse was unfaithful or unpleasant during your marriage, this information is not seen as relevant when creating a divorce decree. Instead of gathering documents and proof of infidelity, mistreatment, or misunderstanding between you and your partner, it would be much more time-efficient to begin gathering all of the required documentation needed for a swift, amicable divorce. 

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 Posted on February 17,2022 in Family Law

Premarital agreements are legal agreements between a couple prior to their marriage. Within a premarital or prenuptial agreement, many couples will lay out individual rights and responsibilities that each spouse will have during the marriage. These agreements are extremely useful in high asset marriages to help dictate property agreements and have proven to be useful if a marriage comes to an end. Engaged couples who are looking to create a prenuptial agreement before their wedding date should reach out to an experienced family attorney who is prepared to help navigate this process.

Reasons to Create a Prenup

Prenup agreements are most commonly portrayed in the media as contracts created by rich families to ensure their wealth stays in the family in case of a divorce. However, there are a plethora of reasons that couples decide to create a legal premarital agreement prior to their wedding. Typically, the reasons are unique and personal to each couple. There are often overarching themes in the reasons. Here are some of the most useful reasons to create a prenuptial agreement in the state of Illinois:

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 Posted on February 08,2022 in Child Custody & Allocation of Parental Responsibility

There are many lifestyle changes that occur following a divorce — a new house, new relationships and, potentially, a new city. Relocating after a divorce can be the fresh start that many people need after dealing with the emotional and financial stress of a marriage dissolution. However, in the state of Illinois, relocation after a divorce may be difficult if there are children involved. There are many rules regarding the distance and timeline of a relocation with children that all depend on your divorce agreement. 

How Do I Relocate?

The process to relocate with children following a divorce comes in a few steps. The first step is to determine where you want to move and how long you intend to live there. In the state of Illinois, the duration of the move (permanent or temporary) is required to be disclosed to the court. The moving spouse must write a written intent to move and submit it to the court at least 60 days prior to the move. 

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 Posted on January 28,2022 in Uncategorized

There are many reasons why people may file for divorce in Illinois. One of the most common causes of divorce is infidelity, which is when one partner in a marriage does not remain faithful to his or her spouse. Sometimes, couples are able to work through the act of infidelity and arrive at a place in their relationship where trust is restored. However, not all couples survive an act of fidelity, and in those cases, divorce often ensues. If you or someone you know is getting a divorce as a result of infidelity in the relationship, you may be wondering if an unfaithful act can affect divorce proceedings. Today, we are exploring the impact of infidelity on divorce cases in Illinois. 

Is Infidelity Grounds For Divorce in Illinois? 

Adultery may have been the cause of the marital breakdown, however, you will not list this in your divorce peition. This is because as of 2016, Illinois is a no-fault state when it comes to divorce cases. In other words, Illinois does not require one of the spouses to be at fault for the breakdown of a marriage.

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 Posted on January 18,2022 in Illinois Divorce

The Internal Revenue Service, or IRS, recently announced that tax season will commence on January 24, 2022. With tax season right around the corner, you may be wondering what you can expect when filing taxes after a divorce. Today, we are going to discuss the ways by which a lawyer can assist you as you set out to file as head of household after a divorce. 

What Does it Mean To Be the Head of the Household? 

Many people assume that filing as head of household means that you were the breadwinner. While this is not necessarily untrue, the IRS defines the head of household filing status in a much more detailed way. In order to file as head of household, the IRS takes the following details into consideration: 

• You are legally either a U.S. citizen or resident. 

• You were single at some point in the following year. 

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