Recent Blog Posts
3 Tips for Getting Divorced in the Digital Age
Digital technology influences almost all aspects of our lives. People manage their finances, accomplish everyday tasks, and conduct relationships over their digital devices. Sometimes, digital technology can even end a marriage. More than one divorce has been triggered by a spouse discovering intimate messages from his or her significant other to an illicit lover.
The divorce process is also impacted by technology. In this article, we will discuss three tips for getting divorced in the digital age. It is always best to speak with an Illinois divorce attorney about how you can use technology to your benefit in a divorce.
Use Co-Parenting Apps
One of the most difficult parts of the divorce process is co-parenting. You and your ex-spouse will be required to follow a parenting plan, a set of court-approved guidelines for parenting your child after the divorce. The parenting plan will include provisions for:
What Is a Temporary Relief Order in an Illinois Divorce?
Divorce sometimes reveals an imbalance between two spouses. One spouse, for example, might be a stay-at-home parent who is unemployed, while the other may be a high-powered executive. A court, therefore, may order the party who is better off financially to pay spousal support, or alimony, to the unemployed parent.
However, a divorce can sometimes drag on for a long time. Some divorces carry on for a year or more. During this time, an unemployed spouse may need financial assistance until the judge issues the final court order requiring the working spouse to pay alimony. In such a case, the unemployed spouse’s Illinois divorce attorney may ask the court to sign a temporary relief order.
What Is a Temporary Relief Order?
As the name suggests, a temporary relief order is a legally binding decree that grants temporary financial relief to one of the parties during the divorce process. This relief can be in many forms. In the scenario above, the order would instruct the party with financial means to support the spouse with none.
4 Tips for Staying Close With Your Child After Divorce
Divorce can be devastating for children. Research shows that kids whose parents get divorced are more likely to develop anxiety, behavioral issues, or learning challenges than others. They can become withdrawn and have problems developing healthy relationships.
It is common for a child’s relationship with his or her parents to also be impacted. Children sometimes blame their parents for the marriage ending. In some cases, children blame themselves.
On top of that, life after divorce takes a lot of adjustment, especially for children:
-
The child no longer comes home to mom and dad at the end of the day; now it is one or the other.
-
Each parent lives in a different house, in a different environment, and sometimes with different rules.
-
Parents now split parenting time, or physical custody, according to the parenting plan drafted by your Illinois divorce attorney.
4 Ways to Speed Up the Divorce Process in Illinois
Getting divorced can be an emotionally and financially draining process. The more it drags out, the more difficult and expensive it can get. Unfortunately, many couples find themselves embroiled in hostile, drawn-out divorce proceedings. Sometimes, this is for valid reasons, like if complex assets need to be divided. Other times, however, the extra time can be avoided.
One way couples can shorten the divorce process is by hiring a competent Illinois divorce attorney. A lawyer with experience can help prevent some of the pitfalls that lengthen the divorce proceedings.
Here are four ways to speed up the divorce process.
Joint Simplified Dissolution of Marriage
In some cases, a couple can file for a joint simplified dissolution of marriage. This is a quick and simplified divorce procedure that applies only when the spouses meet certain criteria, such as:
What Happens to Student Loans in an Illinois Divorce?
Student debt has received significant media attention in recent months due to the political debate over student loan forgiveness. More than 40 million Americans owe student debt, which is about 13 percent of the United States population. Together, they owe about $1.60 million in federal student loans, which breaks down to about $55,347 for the average American household.
It is common for married people to have student loans. But what happens to those loans in a divorce? Is it divided like other debts?
To understand what happens to student debt in an Illinois divorce, it is first important to understand marital debt. Keep in mind that the best way to find out what will happen to your student loans in a divorce is to ask an Illinois debt division attorney.
What Is Marital Debt?
Financial obligations that belong to both spouses are called marital debt. For something to qualify as marital debt, it must satisfy the following criteria:
Will I Have to Sell My Property in an Illinois Divorce?
When two people get divorced, they are both entitled to marital property. Spouses can divide their possessions among themselves or a court can do it for them. Either way, asset division is a process that can be very difficult, depending on the value of the assets and how complex they are. Some assets like real estate, for example, may need to be sold in order to be divided fairly.
However, you may not want to sell the property you are entitled to. Some spouses, for example, prefer not to sell the family home in a divorce. Having an Illinois asset division lawyer by your side can help you preserve property while ensuring you receive your fair share.
This article will discuss what marital property is and when it is sold.
What Is Marital Property?
Marital property, according to Illinois law, refers to possessions that either spouse acquires during a marriage. If you bought a car while you were married, for example, your spouse has partial ownership of it, even if you have been the only person to drive it.
When a Spouse Lies About Income to Avoid Paying Alimony
Alimony, also known as spousal support or spousal maintenance, is a tool used to help spouses get financial support after a divorce. If one partner was a stay-at-home parent, for example, a judge will often order the other partner to pay that parent alimony for a period of time. Details of that order — such as how much time, how many payments, and how much alimony — are based on several factors. These include the needs and incomes of both parents.
Sometimes, spouses try to lie about their income to avoid paying alimony or to minimize the amount of spousal support they must pay. This is illegal and rarely goes undiscovered. If you think your spouse is lying about his or her finances, tell your Illinois alimony lawyer right away.
How Do I Know If My Spouse Is Lying About Finances?
It is not always easy to tell if someone is lying about finances during a divorce. Even when there appear to be discrepancies in a person’s story, there may be perfectly valid explanations. However, there are common signs that a spouse might be lying about his or her income or assets, such as:
When Can My Ex Stop Paying Alimony in Illinois?
For many spouses who go through divorce, alimony — also known as spousal support or spousal maintenance — is a lifeline. This is especially true for stay-at-home parents who will struggle to re-enter the workforce after the divorce. A divorce court will issue a spousal support order if it feels that one spouse needs the financial help.
However, alimony is rarely paid forever. There are certain scenarios in which your ex can stop making spousal support payments, some of which will be discussed in this article. Remember that the best way to know if your alimony is in jeopardy is to consult your Illinois alimony attorney.
Here are three scenarios in which you might stop receiving alimony payments.
Remarriage
If you are receiving spousal support and you get remarried, your ex is no longer required to continue making payments. This is because, under Illinois law, you are in a "supportive relationship," which means that your new spouse is expected to support you. The law will not continue to force your ex to pay alimony if you are also receiving financial support from a new partner.
The Importance of Divorce Interrogatories
Divorce interrogatories are often a part of the discovery process. Discovery is a legal tool that allows each party to the divorce to gain information from the other regarding marital finances, assets, liabilities, and any other relevant divorce matters. The discovery process can feel invasive and can be stressful, but it serves an important purpose.
Discovery is meant to provide transparency to both parties, which is crucial when dividing assets and determining spousal maintenance, child support, and more. The discovery process also allows the attorneys on both sides to build a solid case for their client. Discovery methods may include:
- Interrogatories
- Depositions
- Requests for specific documents
Can I Recover Money From a Dissipation of Assets Claim?
One of the more complex parts of the divorce process in Illinois is property division, where the spouses divide their marital property. Illinois law defines marital property as assets that were acquired by either spouse during the marriage. These assets — with some exceptions — belong to both spouses and are divided in a divorce.
But the more assets there are and the higher their value, the higher the chance they will be squandered in the divorce. This article will discuss what a dissipation of assets claim is and how a spouse can recover lost assets. Keep in mind that having a skilled Illinois divorce attorney handle your divorce is a great way to avoid losing assets in the first place.
What Is Dissipation of Assets?
Dissipation of assets means that one spouse has wasted money or assets belonging to both spouses by spending them on things unrelated to the marriage. This most commonly happens by: