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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 Posted on January 14,2022 in Illinois Divorce

The decision to get a divorce is never one that is made with ease. In fact, for a lot of people, divorce is viewed as the very last option because of how intertwined the lives of a married couple are and how difficult it can be to separate everything after being married, finances included

While not every couple chooses to combine their finances, money matters are often a major topic of conversation during many divorces. From figuring out how to allocate the funds in bank accounts to deciding how to divide other assets like investments, there are many financial complexities to sort out during the divorce process

Tax Debt is Considered Marital Debt 

So, what happens to the money that you do not have? In other words, how does tax debt work when a couple that owes money to the IRS decides to end their marriage? 

In Illinois, tax debt is usually viewed as marital property, and marital property is often divided equally between both parties. However, IRS tax debt is usually regarded as marital property only if it was accrued at some point during the marriage

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 Posted on January 07,2022 in Child Custody & Allocation of Parental Responsibility

No matter what the dynamic between two spouses looks like, filing divorce papers is never easy. However, the process becomes even more unfortunate and complicated when children are involved. 

Typically, a decision regarding child custody will be determined with the two parents in mind. A judge will often award sole custody to parent A, sole custody to parent B, or shared custody to both parents. Illinois law uses the terms “parenting time” and “parental responsibilities” instead of visitation and custody. However, these terms are still used informally and will be used in this blog.  

Sometimes, grandparents will seek custody of their grandchildren amid the divorce of the children’s parents. With the help of a family law attorney, grandparents can fight for custody of the children whose parents are divorcing in Illinois. 

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 Posted on December 28,2021 in Illinois Divorce

Getting a divorce is never easy, but when a spouse refuses to cooperate, it is especially difficult. In some cases, spouses actively hide in order to avoid divorce proceedings. If you cannot find your spouse and you want to divorce, take heart in knowing that your spouse cannot delay the divorce forever. It is possible to get divorced without your spouse’s participation, however, the process is a bit more complicated. A divorce lawyer can be a huge help in a situation like this.

What to Do If Your Spouse Cannot Be Located

When someone files for divorce in Illinois, they use a document called a Petition for Dissolution of Marriage. The spouse who files for divorce is the petitioner and the other spouse is the respondent. The divorce petition is “served” or delivered to the other spouse by the petitioner or by a sheriff or private process server. The respondent must respond to the petition within 30 days of receiving it.

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 Posted on December 22,2021 in Paternity

Most people are unaware of Illinois paternity laws until they have a child. While mothers typically establish parentage by giving birth, fathers are treated differently under the law. A mother or father who wishes to establish paternity of their child may need to take certain actions to do so. Unfortunately, paternity issues can be complicated both legally and personally. A family law attorney can help.

Paternity Is Not Assumed if Parents are Unmarried

In Illinois, the law presumes a mother’s husband to be the father of her baby. However, if the parents are not married at the time of the child’s birth or if there is uncertainty about who the father is, paternity will need to be formally established.

There Are Several Ways to Establish Paternity

The easiest way to establish paternity is a Voluntary Acknowledgement of Paternity. Parents can sign this form if they are both certain who the father is. However, sometimes, paternity must be established by an administrative order or through the family court system.

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 Posted on December 14,2021 in Child Support

For unmarried and divorced parents, child support is a vital source of financial assistance. Illinois child support usually ends when the child becomes an adult and finishes high school or college. At this point, the child is considered old enough to provide for his or her own financial needs. However, some children require financial assistance beyond childhood. If your child has a disability, you may be able to get child support even after he or she is an adult.

Child Support for Children With Disabilities

If your child has a disability, he or she may not be able to reach the same level of financial independence as a child without a disability. This can place a major financial burden on the child and the child’s parent. Fortunately, parents of disabled children may be able to extend child support past the typical cut-off point. This can help the parents cover child-related costs such as housing, in-home care, medical costs, and more.

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 Posted on December 03,2021 in Illinois Divorce

For art lovers, the pieces they have accumulated throughout the years are more than just property. They are valuable investments with great financial and personal value. Unfortunately, owning expensive artwork or other collectibles can complicate a divorce case significantly. The true financial value of a painting or sculpture is not easily ascertained, and spouses may disagree about the value of art. Spouses may also disagree about who should keep artwork, antiques, or collections. In some cases, art and collectibles are even used as vehicles for financial fraud in a divorce case.

Valuing Property During Property Distribution

Illinois couples may be able to reach their own property division arrangement without the court’s involvement. They may be able to negotiate a mutually-satisfactory agreement through their attorneys or during the divorce mediation process. However, before they can determine a fair division of property, they must determine the property’s value. This often requires input from a professional appraiser. If the couple cannot reach a property division settlement, the court will need to know the precise value of the assets to determine an equitable division of property. Consequently, having the artwork professionally valued is often the first step toward addressing art during divorce.

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 Posted on November 30,2021 in Illinois Divorce

If you are getting divorced, you may be well aware of the financial consequences of ending a marriage. You may have already started gathering financial documents and creating a budget for your post-divorce life. Financial concerns are a major part of the divorce process. Not only do spouses have to divide marital property and address issues like child support and spousal support, they must also deal with the tax implications of these matters. The decisions you make during your divorce can impact your finances for years after the split. This is why it is important to research your options and work with an experienced divorce attorney.

Handling Tax Returns in the Middle of a Divorce

Filing taxes is already stressful. Filing taxes in the middle of a divorce is even more confusing and overwhelming. If you are getting divorced, you may wonder if you can still file jointly. According to federal law, you may file a joint tax return if:

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 Posted on November 23,2021 in Illinois Divorce

For many Americans, winter is synonymous with the holiday season. Whether you celebrate Thanksgiving, Christmas, Hanukkah, Kwanzaa, or take part in other cultural celebrations, divorcing during this special time of year is especially challenging. Consider the following tips for coping with divorce from mental health professionals.

Make Concrete Plans Regarding Your Shared Children

Separating from your spouse during the holidays is hard enough. Adding children into the situation makes it even harder. If you share children with your soon-to-be-ex, make solid plans for the holiday season. Include detailed information about which parent will have custody of the children and how the children will be transported between houses. Put these plans in writing.

Prioritize Peace of Mind Over Gifts

For many, buying gifts for others is even more enjoyable than receiving gifts. If you are someone who takes pride in finding the perfect gifts for your loved ones, you may feel pressure to maintain this high standard this holiday season. However, it is important to priories your own health and wellbeing. Do not go overboard buying gifts when you should be taking care of your own needs.

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 Posted on November 16,2021 in Illinois Divorce

When a couple gets married, few describe the union in terms of the marriage’s legal significance. However, it is important to remember that marriage is a legal relationship between two people. Undoing that legal partnership through a divorce can take a significant amount of time and money. However, the cost of divorce ranges dramatically from case to case. If you are thinking about divorce, consider the following factors to estimate how much the divorce will cost.

Estimating the Financial Cost of Your Divorce

When it comes to divorce, it is nearly impossible to predict the exact cost ahead of time. Multiple factors influence the total cost, including the complexity of the couple’s financial situation and what issues the spouses disagree on.

According to Business Insider, the average cost of divorce in the United States is approximately $15,000. However, some divorces cost much less, and others cost much more. If a couple owns few assets, has no children, and agrees on the relevant divorce issues, they may be able to get divorced for as little as a couple of hundred dollars. Divorce cases that go to trial can result in overall costs of $50,000 or more.

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