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Recent Blog Posts
How Are Subpoenas Used in Illinois Divorce Cases?
In an ideal world, parties in a divorce case would be cooperative and respectful. They would freely disclose financial information, hand over necessary documents, and negotiate divorce issues in good faith. Unfortunately, this rarely happens. Divorcing spouses and other relevant parties in a divorce may sometimes refuse to cooperate with requests. In this case, the court may issue a subpoena that requires the party to take certain actions.
What Is a Subpoena?
A subpoena is a court order requiring a party to do something under penalty of law. Ignoring a subpoena can lead to charges for contempt of court. Failure to comply with a subpoena is punishable by hefty fines and even jail time. Often, subpoenas force a party to provide evidence or testimony in a court case.
Why Are Subpoenas Used During Divorce?
In the context of divorce and family law cases, subpoenas are sometimes used to compel a spouse or other party to provide some type of information that is relevant to the case.
What Business Owners Should Know About Getting Divorced in Kane County, Illinois
Owning your own business can be a fulfilling and lucrative way to earn a living. Whether you are a business owner or a non-owner with significant business interests, it is important to consider how business assets will be dealt with during divorce.
Businesses Are Treated Like Other Forms of Property in an Illinois Divorce
The Illinois Marriage and Dissolution of Marriage Act explains how property is addressed in a divorce. Assets acquired during the marriage are marital property belonging to both spouses. Non-marital assets are those assets that a party owned before the marriage. However, there are exceptions to these guidelines. Businesses, professional practices, investments, and business interests are subject to the same property division rules as any other asset in a divorce.
Determining Ownership Rights May Be Complicated
Understanding if your marriage is marital or non-marital property is not always easy. For example, consider a husband who owned a small business before marrying. According to Illinois law, property acquired before marriage is non-marital property belonging solely to the spouse who originally obtained the asset. However, if money from a joint account was used for the business or the other spouse contributed to the business’s increased value, the business may be classified as marital property.
What is a Conciliation Conference and How Can It Affect My Illinois Divorce?
The marital relationship can be extremely tricky to navigate. Many married couples go through rough patches but eventually work out their differences. Other couples are plagued by disagreements, infidelity, or other issues until the day they separate. It can be hard to know for sure when a marriage is over and it is time to get divorced. It is especially complicated when one spouse thinks that the marriage is over but the other spouse believes there is still a possibility of reconciliation. In situations like this, the court may require the couple to attend a conciliation conference.
One Final Chance at Reconciliation
Illinois courts have the authority to order spouses to attend a conciliation conference if there is a chance that the marriage may still work out. Either spouse can petition the court for a conciliation conference, or the court can order the conference if there is reason to believe that the couple may be able to avoid divorce. The purpose of the conference is to give the couple one last chance to resolve their differences and stay married.
Can I Get My Marriage Annulled in Kane County, Illinois?
Newlyweds are usually portrayed as doe-eyed romantics enjoying the beginning of a happy marriage. However, marriage does not always work out this way. Many newlyweds find themselves regretting their marriage vows. Spouses in this situation may wish to get their marriage annulled. However, annulments are only possible in certain situations. If you cannot get an annulment, your only option for ending your marriage is divorce.
How Can You Get Your Marriage Annulled?
Many people misunderstand what an annulment actually is. They assume that annulment is a shortcut to divorce. In reality, divorce and annulment are two different legal procedures. Divorce ends a marriage. Annulment states that a marriage was never valid to begin with.
Annulment, or as it is called in Illinois, “Declaration of Invalidity of Marriage” is only possible if there is an issue with the marriage that makes the marriage invalid or prohibited by law.
How Do Courts Evaluate a Child’s Best Interests in a Child Custody or Divorce Case?
In 2016, Illinois made substantial changes to the laws regulating child custody and family law matters. Instead of using terms like "sole custody" or "visitation," the law now describes child custody in terms of "parenting time" and "parental responsibilities."
One of the most frustrating aspects of a divorce, child custody case, paternity suit, or other family law case is dealing with unfamiliar legal terms. One such term you may see repeated throughout Illinois law is "a child’s best interests." Illinois courts make every child-related decision based on what is in his or her best interests. But what does "best interests" really mean?
Understanding How Courts Determine a Child’s Best Interests
When the court makes a determination about parental responsibilities or parenting time, the court will consider many different factors to evaluate which case outcome would best serve the child.
What Happens if a Spouse Lies About Money in a Divorce?
What Happens if a Spouse Lies About Money in a Divorce?
Typically, asking someone how much money they make is considered rude. However, in a divorce case, both spouses are expected to fully disclose their income and other financial information. Finances influence property distribution, child support, spousal maintenance, and more. Lying on your financial disclosure paperwork during divorce can lead to an unfair settlement or judgment. It is also illegal to falsify financial information during a divorce.
Underreporting Income During an Illinois Divorce
Each spouse’s net income is used to calculate child support and spousal support. Spouses should report wages, bonuses, commissions, income from investments, business income, and other sources of income. However, some “forget” about certain income sources or underreport wages in the hopes of swaying the terms of the divorce in their favor. Self-employed spouses and those with multiple income sources may find it easier to lie about money on their financial disclosure forms. However, forensic accounting and divorce discovery can uncover evidence of the deceit.
What Property is Included in the Marital Estate in Illinois?
When married couples divorce, they must address several important financial concerns. The assets and debts accumulated by the spouses during the marriage will need to be categorized, valued, and divided. According to Illinois property division laws, most assets accumulated by the spouses during the marriage are included in the marital estate. Both spouses have a right to an equitable portion of the marital estate in a divorce. However, property division is not always this straightforward.
Property Accumulated During the Marriage
As a general rule, most property acquired by either spouse is part of the marital estate. This includes wages, bonuses, commissions, tips, and any other income earned by the parties. Real estate, vehicles, and household items purchased by the couple are typically marital property. The increase in value of an asset during the marriage may also count as marital property. For example, the increase in value of a small business or a spouse’s retirement accounts will likely count as marital property–even if the asset was acquired before the marriage. It should be noted that most property accumulated during the marriage is marital property regardless of who officially holds the title to the property.
Top 5 Questions About Child Support, Answered
Parents who are no longer together are still expected to provide financial support to the child. Often, this is accomplished through a child support order. Whether you are a paying parent or the recipient of child support or you want to establish child support for the first time, you may have many different questions. Child support matters can be complicated. Read on to learn answers to some of the most frequently asked questions about child support in Illinois.
Who Has to Pay Child Support?
In Illinois, child custody involves two major components: the allocation of parental responsibilities and parenting time. Parenting time is the time a parent is responsible for supervising the child and attending directly to the child’s needs. The parent with the greater amount of parenting time is the recipient of child support. The parent with less parenting time pays child support.
How Much Does a Parent Pay?
My Spouse is Accusing Me of Child Abuse in Our Divorce to Get Custody. What Can I Do?
As a parent, being accused of intentionally harming your child can be shocking and deeply offensive. Sadly, some parents will do whatever it takes to gain an advantage in divorce or child custody proceedings, even if it means fabricating allegations of child abuse. If your ex is lying by saying you abused your child, you may be unsure of how to handle the situation. There is no perfect strategy, and each case is different. However, there are a few steps you should immediately take if you find yourself in this situation.
Comply With Any Orders of Protection
An Illinois Emergency Protection Order is often issued on the same day it is requested and may be based solely on the petitioner’s testimony. If your spouse got an order of protection against you, the order may require you to stay away from your spouse and children. It may even require you to move out of your own home. Even if the grounds for the protection order are false, the best thing to do is to comply with the protection order for now. Getting arrested for violating the order will only complicate your case and make it harder for the truth to come out. Although it is extremely hard not to, it is crucial that you do not confront your spouse or try to see your children in violation of the order.
What is the Mandatory Waiting Period for Divorce in Kane County?
If you have decided to end your marriage, you may be interested in learning the next steps. Divorce laws vary from state to state and change over time. You may have heard that there is a mandatory waiting period to get divorced in Illinois. Perhaps a well-intentioned friend or family member explained to you that you have to be separated a certain amount of time before you can file for divorce or you read this information on a non-state-specific website.
In 2022, there is not a mandatory waiting period for divorce in Illinois. However, there are situations in which a separation period is needed to prove that the grounds for divorce have been met. Read on to learn more.
Illinois Separation Period Before Divorce
Once a couple has decided to divorce, they usually want the process to start sooner rather than later. If you are eager to get divorced and move on with your life, you may be pleased to learn that Illinois does not have a mandatory waiting period. That being said, one or both spouses must have lived in Illinois for at least 90 days in order to get divorced in Illinois. So, if you recently moved to the state, you may need to wait 90 days to qualify for divorce.
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