Posted on June 13, 2024 in Divorce

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

Continue Reading ››

 Posted on June 11, 2024 in Property Division

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:

Continue Reading ››

 Posted on June 06, 2024 in Divorce

Getting divorced in Illinois is challenging, especially if you disagree with your spouse on any issues. The process can be even more challenging, however, if you have the wrong attorney representing you. A divorce lawyer can muddle a simple divorce if he or she is:

• Incompetent

• Ignorant

• Unprofessional

• Dishonest

• Overworked

On the other hand, a great Illinois divorce attorney can turn a complicated, messy divorce into a straightforward process with minimal complications.

Here are five signs that it might be time to find a new Illinois divorce attorney.

Dishonesty

A good lawyer knows how to use the law to your advantage. An incompetent lawyer, on the other hand, may resort to lying in court to achieve a certain result. This is not only morally and professionally wrong, but dangerous. Telling a court an untruth, even if it is a "little white lie," can seriously backfire on you. An attorney who is willing to lie in court is willing to jeopardize his or her client.

Continue Reading ››

 Posted on June 06, 2024 in Divorce

Divorce is an extremely difficult decision to make. Ending a marriage has a wide range of consequences that impact many people around you. Children, relatives, and even pets are emotionally and psychologically affected by divorce. Many spouses who dissolve their marriages are also financially impacted by the decision. For some people, deciding to get divorced is difficult for religious reasons.

Many partners, therefore, are hesitant to call an Illinois divorce attorney about untying the knot. Some want to get divorced, but they are not sure it is the right thing to do. Others feel it is the right thing to do but do not want to get divorced.

Here are three signs — called “the three As” — that it might be time to speak to a lawyer about getting divorced.

Abuse

There are many different forms of abuse. These include:

Continue Reading ››

 Posted on May 30, 2024 in Child Custody

It is common for parents who are going through a divorce in Illinois to disagree on issues in the divorce process. When these issues involve a child, a judge might appoint a guardian ad litem. Guardian ad litem is Latin for “guardian for the lawsuit,” and it is the guardian ad litem’s job to represent the child’s interests during the divorce process.

A guardian ad litem is an attorney who has received guardian child advocacy training and certification. This means that he or she is uniquely qualified to represent a child in court. A guardian ad litem can be extremely helpful in situations where parents disagree and it is hard for a judge to know what would be best for the child.

What Does a Guardian Ad Litem Do?

Once appointed, a guardian ad litem will do some or all of the following things:

Continue Reading ››

 Posted on May 28, 2024 in Property Division

In Illinois, assets that are gained by either spouse during a marriage are considered marital property. When a couple gets divorced, both spouses are entitled to a share of the marital property, with some exceptions. During the divorce process, a court will review the marital assets and divide them between the parties. This procedure is called asset division or property division. Once the divorce decree is finalized, asset division is permanent.

But what can you do if you feel the court made an error when dividing the assets? Consulting with a qualified divorce attorney would be the best course of action. Here is some information about appealing a court’s judgment on asset division.

Can I Appeal a Court Judgement on Asset Division?

You can appeal a court’s decision on asset division just like you can appeal any other court judgment. If you feel the judge made the wrong call, you can ask another court to review the decision. However, appealing on the basis of “fairness” might not get you the result you want. There are valid grounds for appealing a court decision, including:

Continue Reading ››

 Posted on May 28, 2024 in Divorce

Sexual intimacy is widely considered to be a crucial part of marriage. Unfortunately, it is not uncommon for a married couple to experience a lack of sexual intimacy. This happens when:

• A spouse suffers from sexual dysfunction.

• A spouse withholds sex from the other.

• The spouses lose sexual attraction to each other.

Some couples believe that a lack of sexual intimacy is important but not a reason to get a divorce. Others feel that if there is no sexual intimacy, the marriage cannot (or should not) survive. You must do whatever you feel is best in your situation.

Legally, lack of sex can have certain consequences. It is important to consult a divorce attorney if you and your spouse are experiencing a lack of sexual intimacy serious enough to make you consider ending your marriage.

Is Lack of Sex Grounds for Divorce in Illinois?

Illinois is a no-fault divorce state, which means that no one has to be at fault for a divorce to be granted by a court. The only valid legal reason to dissolve a marriage in Illinois is that there are "irreconcilable differences." 

Continue Reading ››

 Posted on May 26, 2024 in Divorce

Getting divorced in Illinois is challenging enough. Getting fired during your divorce is an incredible hardship.

Luckily, some courts understand that. If you lose your job during a divorce, contact your divorce attorney. He or she will explain how your job loss may be able to earn you some reprieve in other areas of the divorce process. This article will discuss some of those areas, such as:

• Spousal support

• Child support

• Debt division

However, keep in mind that if you want a court to be sympathetic to your job loss, you will need to explain why it happened.

Why Does the Court Care Why I Got Fired?

The court cares why you lost your job because it wants to know if you could have avoided it. Some spouses going through a divorce want to quit their jobs or get themselves fired so they can avoid having to pay child or spousal support. This strategy does not find sympathy in the eyes of the courts. Someone who genuinely lost a job and could not help it, however — such as a person who was let go in a mass layoff — might receive some compassion from a court.

Continue Reading ››

 Posted on May 21, 2024 in Divorce

There is a lot of emphasis placed on the divorce process, and for good reason. Getting divorced in Illinois is a massive legal undertaking that requires a skilled divorce attorney who knows how to navigate the process.

As if that is not difficult enough, many people who get divorced must cope with the five stages of grief, also known as the Kübler-Ross model. This model is usually used to explain how people feel after the death of a loved one. Because the human mind often treats divorce as a loss similar to death, the five stages of grief also apply to many people whose marriages come to an end.

Here are the five stages of grief as they apply to divorce.

Denial

There are many ways that spouses who are getting divorced experience denial. Some examples include:

• A spouse may be in denial about the need to get divorced. For instance, he or she might make excuses for why an abusive marriage does not need to end.

  Continue Reading ››

 Posted on May 20, 2024 in Property Division

When a couple gets divorced in Illinois, both spouses are entitled to marital property. Marital property refers to assets that were acquired during the marriage by either spouse, with some exceptions:

• Inheritances

• Gifts exclusively for one spouse

• Property that was acquired by using non-marital assets as collateral

During a divorce, marital property must be distributed between the spouses equally. Sometimes, a spouse tries to hide his or her assets so that they are not divided with the other party. It is illegal to hide assets during a divorce, but hidden assets are sometimes hard to find. An experienced Illinois hidden asset attorney, however, will know what to look for.

Here are three ways spouses try to hide marital assets during a divorce.

Continue Reading ››