Posted on November 14, 2022 in Divorce

Divorce can bring out the worst in people - especially in a high-conflict divorce. Sometimes, antagonistic behavior during a separation or divorce escalates to stalking. Following someone to school or work, calling obsessively, monitoring their social media, or showing up uninvited at their home are all examples of stalking behaviors. If your ex is stalking you during divorce, it is important to take action to protect yourself and your children.

How to Handle Stalking During Your Illinois Divorce

Stalking can involve many upsetting, unnerving, and even frightening actions and behaviors. Some people cannot accept that their marriage is ending and act out in inappropriate, threatening, and unlawful ways. If your divorce has turned nasty and you are dealing with a stalker, here are some things you can do to protect yourself:

• Keep a Stalking Log - Keep track of every instance of stalking behavior, no matter how small. Note the date, time, location, and what happened. This will help you identify patterns and document the severity of the stalking for future reference.

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 Posted on November 10, 2022 in Child Support

The state of Illinois expects parents to financially support their children even if they are unmarried or divorced. Child support payments help divide the financial burden between both of the parents. The parent with the lesser amount of parenting time provides financial support to the parent with the greater share of the parenting time. The parent with the majority of parenting time makes his or her financial contributions to the child by paying for things like housing, groceries, and other everyday expenses.

If you are the paying parent or “obligor” you may be worried about your ability to make child support payments. Perhaps you have lost your job or experienced another financial hardship, and you can no longer afford child support. There are ways to modify a child support payment amount, however, the courts only allow child support modifications in certain circumstances.

Request a Modification Review

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 Posted on November 07, 2022 in Family Law

Prenuptial agreements are rising in popularity. More and more couples are signing prenuptial agreements before they say "I do." Modern couples are realistic. Drafting a prenuptial agreement is not exactly romantic, but it is one of the most responsible decisions you could make before getting married. If you are considering a prenuptial agreement, here are five reasons to get one.

To Protect Your Assets

If you have significant assets, a prenuptial agreement can help protect them in the event of a divorce. When people get married, their finances inevitably become mixed. Any property or money that a spouse earns while they are married is added to the marital estate. If the couple divorces, any property contained in the marital estate is divided between the spouses. With a prenuptial agreement, you can keep your assets separate. This means that in the event of a divorce, your assets will not be considered part of the marital estate and will not be subject to division. You can also use a prenuptial agreement to protect inherited property or gifts from family members.

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 Posted on November 04, 2022 in Property Division

The division of marital assets and liabilities is often one of the most complicated and consequential aspects of the divorce process. Marital property is property and debts contained within the marital estate. Both spouses have a legal right to a share of marital property. Non-marital property is property and debts that are not part of the marital estate and are owned solely by one spouse. Non-marital property generally includes property that was acquired by either spouse before the marriage, inheritance or gifts received during the marriage, and property that is excluded by a valid prenuptial agreement. Transmutation of assets is the conversion of non-marital property to marital property or vice versa.

Commingling or Mixing of Property Can Lead to Transmutation

The transmutation of property generally occurs when one spouse commingles or mixes non-marital assets with marital assets. For example, if a wife deposits her separate funds into a joint account, these funds can be converted into marital funds.

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 Posted on November 02, 2022 in Divorce

When a married person realizes that divorce is on the horizon, he or she may look for ways to reduce the complexity and acrimony of the divorce as much as possible. Many people facing divorce ask themselves, “Do I really need a lawyer to get divorced?” They may worry that getting a divorce will send the wrong message or even exacerbate the tension between them and their soon-to-be ex.

Working with an experienced divorce attorney can be advantageous for many different reasons. Contrary to popular belief, retaining a lawyer does not necessarily increase the contention between spouses. Modern divorce lawyers understand that spouses want to resolve their divorce with as little difficulty and conflict as possible. An experienced attorney will know how to provide the guidance and support a spouse needs while encouraging cooperation between the parties.

Working Toward a Divorce Settlement While Protecting Your Rights

Divorcing spouses will need to address several important issues when they end their marriage. Spouses must determine what assets are non-marital and what assets are part of the marital estate. Marital property, including liquid assets, investments, real estate, and retirement accounts, will need to be valued and divided. If the couple shares children, the spouses will need to formulate a parenting plan that describes how the parents will make major decisions about their child, including educational and healthcare decisions. They must also establish a parenting time schedule that describes when each parent will care for the children. In some cases, the spouses will also need to address alimony or spousal maintenance.

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 Posted on October 27, 2022 in Family Law

A legal separation does not end a marriage. However, it does allow spouses to make legally binding decisions about child custody, property division, and other issues typically decided on during a divorce. There are several reasons a married couple may choose to seek a legal separation rather than a divorce, including religious beliefs or personal preferences. In some cases, couples may also use legal separation as a way to test whether they want to end their marriage,

If your marriage is experiencing turmoil, make sure you understand the advantages and limitations of legal separation before making a decision.

Basics of Legal Separation in Illinois

When a couple gets divorced, they are no longer married in the eyes of the law. This means that they can remarry if they choose to do so. A legal separation does not end your marriage, but it does allow you to create a separation agreement - a document similar to a divorce decree. Your separation agreement may contain determinations regarding:

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 Posted on October 26, 2022 in Child Custody

Sharing custody of a child is no easy task. Divorced and unmarried co-parents must contend with many different parenting issues throughout the year. However, the holiday season can be an especially difficult time for families to get along. Children cannot be in two places at once, and parents and extended family may argue about which holiday gatherings children attend. As winter holidays approach, consider the following tips for preventing parenting time disputes.

Sharing Custody of Your Kids Over the Holidays

There is no way to completely avoid arguments and conflict during a co-parenting relationship. Disagreements and hurt feelings are bound to arise. However, with careful planning and preparation, you may be able to reduce the amount of conflict between you and the other parent.

• Review your parenting plan - Your parenting plan describes the allocation of parental responsibilities as well as the parenting time schedule. A well-written plan clarifies parenting time on holidays and other special occasions, too. Review your parenting plan before the holidays to avoid any confusion about who gets the children on what days. If you do not have a formal parenting plan, now is the time to sit down with the other parent and create one.

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 Posted on October 24, 2022 in Divorce

According to the most recent estimates, there are approximately 5.5 million family businesses currently operating in the United States. Running a family business can be a rewarding experience, but it can also be a challenging one. If you and your spouse co-own a business together and are considering ending your marriage, there are some important things to keep in mind. You will need to plan your divorce carefully to protect your business interests and avoid any potential disputes down the road.

Valuing the Business is Often the First Step

If you and your spouse co-own a business, the first thing you need to do is determine how you will value the business for the purpose of property division. This can be a complex process, as businesses are often worth much more than their physical assets.  You will need to consider the value of the business's goodwill, any intellectual property it may have, and its current and future earning potential.

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 Posted on October 19, 2022 in Property Division

Unfortunately, the end of a marriage relationship can sometimes bring out the worst in people. Some divorcing spouses are so angry that they act out maliciously toward the other spouse. They may threaten their spouse, refuse to cooperate with the divorce process, or destroy their spouse's property.

If your spouse destroyed, ruined, sold, or otherwise wasted money or property during your divorce, you may be able to seek legal recourse through a "dissipation of assets" claim.

What is Dissipation of Assets?

Illinois law describes dissipation of assets as "any act or series of acts resulting in the depletion of marital property for a non-marital purpose." The law goes on to state that dissipation claims can be filed by either spouse during a divorce proceeding.

Dissipation may refer to reckless or intentional actions. For example, if a spouse has an addiction, money that is spent on drugs or alcohol may be considered dissipation. Buying expensive gifts for an affair partner may also be considered dissipation. Destroying a spouse's property - such as breaking furniture, setting fire to a spouse's clothes, or damaging a car - would also be considered dissipation.

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 Posted on October 13, 2022 in Divorce

Contested divorce cases often become contentious. Disputes may arise regarding the division of property and debt, the allocation of parental responsibilities and parenting time, spousal maintenance, child support, and other issues. In some situations, depositions are used to gather information and evidence relevant to the disputed issues. If you are getting divorced, it is important for you to understand how and when depositions may be used in your case.

What is a Deposition?

Depositions are interviews that take place under oath. In a divorce deposition, each spouse and his or her respective attorney answer questions pertinent to the divorce case. Most depositions are conducted in person, but some take place over phone or video conferencing.

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