Posted on February 19, 2020 in Asset Division

When you get a divorce, one of the most difficult subjects to handle is the division of property between you and your spouse. Not only can it fuel the emotional side of divorce, but property division can become complicated when trying to determine what to do with specific assets and how to make the division as fair and equitable as possible. There are a variety of factors that come into play when determining how marital property is divided.

Dividing Real Property

Some of the most complicated issues arise when it comes time to determine how real estate property is divided. Because a home cannot be physically split in half, couples sometimes have to get creative when distributing the value of this property. Spouses typically have three choices when it comes to dealing with the home: selling it and splitting the profits, keeping it in one spouse’s name while that spouse "buys out" the other spouse's share, or continuing to jointly own the home.

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 Posted on February 18, 2020 in Cohabitation

“Palimony” is a term sometimes used after a couple has ended a long-term relationship in which they lived together without marriage. There are different definitions for palimony because it is not an official legal term but a play on words using “pal” and “alimony.” The basic definition is that it is the equivalent of spousal maintenance for cohabiting couples. Some expand that definition to include each party’s right to shared properties from the relationship. Illinois residents need to know that the state does not recognize palimony as a right between unmarried couples but that they can establish property claims by creating a cohabitation agreement.

Palimony Rulings

A 1979 Illinois Supreme Court ruling on the case of Hewitt v. Hewitt is often cited as a landmark decision that set the precedent on issues such as palimony. Since the early 1900s, Illinois has outlawed common law marriage, a practice that recognizes long-term domestic partners as effectively married. In the 1979 case, the Supreme Court found that cohabitation does not grant people the same rights to property and financial support as they would receive if they had been married. The Supreme Court was asked to reconsider this ruling in 2016 with the case of Blumenthal v. Brewer but upheld its original decision. Because of these rulings, cohabitants living in Illinois have no legal claim to palimony because it would give them the same benefits as spousal maintenance.

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 Posted on February 15, 2020 in Divorce

It is common to feel eager about jumping back into the dating scene following your divorce. How soon is too soon to start dating again? Ideally, you should reach a state of emotional acceptance about your divorce, which each person achieves at their own pace. However, it is a bad idea for anyone to start dating while their divorce is still ongoing. You are unlikely to have moved past your marriage when it is technically not over. Even if you think you are emotionally ready, dating during your divorce may hurt your ability to achieve your divorce goals:

1. Your Spouse Will Be Upset: Your spouse may become more difficult to negotiate with if they learn that you are seeing new romantic partners. Even though you both know that your relationship is over, they will likely feel hurt and betrayed that you have already started dating again. Your spouse may retaliate by being more stubborn and vindictive towards you, which will make it more difficult to reach a compromise.

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 Posted on February 12, 2020 in Asset Division

During a divorce in the state of Illinois, property is divided on an equitable basis if it is left up to a court judge to make the decision. This means that each spouse will receive his or her fair share of the marital estate, but this does not necessarily mean that everything will be divided in half. You probably already know that things such as your checking and savings accounts, household possessions, and other tangible assets are all part of the marital estate and subject to the property division process. What you may not realize, however, is that other parts of your financial portfolio may also be subject to division, such as your retirement funds.

Retirement Funds Are Usually Marital Property

For many people, their retirement fund is one of the most valuable assets that they own. Even though retirement accounts are often funded with wages from your own job, any gain or increase in value of your retirement account that occurred during the marriage is considered to be marital property and therefore subject to division. Retirement accounts are different than normal checking or savings accounts, and the way you are allowed to access the money is more restrictive. Because of these restrictions, accounts such as 401(k)s and IRAs usually get special treatment during divorce.

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 Posted on February 10, 2020 in Child Support

There are two ways that you can petition to collect child support in Illinois. One way is to file the child support claim directly in court, often as part of a divorce case. The other way is to file with the Division of Child Support Services (DCSS) at the Illinois Department of Healthcare and Family Services. A parent who receives public assistance such as Temporary Assistance for Needy Families must use the DCSS to receive child support, but any parent can apply for state child support services. Should you petition for the DCSS to handle your child support case? While there are some advantages to the state system, the disadvantages can make the process a pain.

Advantages

The DCSS, with assistance from the Illinois Attorney General’s office, provides several free child support services, including:

• Filing the court order for child support

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 Posted on February 06, 2020 in Family Law

50 years ago, your average American probably would have raised their eyebrows in disbelief or widened their eyes in shock if you told them that you were getting a prenuptial or postnuptial agreement. For years, there was a stigma against these types of agreements as being a way to plan for a divorce instead of trying to make a marriage work. Now, most people are much more agreeable to the idea of prenuptial or postnuptial agreements. Both types of agreements allow you to set forth terms for separation if your marriage heads down the track of divorce. The only difference between these two types of agreements is when they are signed — a prenuptial agreement is signed before the marriage, while a postnuptial agreement is signed any time after the marriage has been officiated.

Reasons to Get a Postnuptial Agreement

Prenuptial and postnuptial agreements are more common than they ever have been before, even for those who are not considered upper class. There are many situations in which getting a postnuptial agreement makes sense. These can include:

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 Posted on February 05, 2020 in High Asset Divorce

If you are a business owner who is getting divorced, you will need to conduct a professional valuation of your business. A business is a marital property if you started or purchased it during your marriage. Even if you have owned the business since before you were married, it may have become marital property because you invested personal assets into it. Business valuations are complicated because there are multiple approaches to valuation and several aspects of a business that you must consider when calculating its value. There are three general approaches to business valuation, each with their own strengths:

1. Income-Based Approach: The most popular method of business valuation, this approach values a business based on the earnings that it is able to generate. The business appraiser looks at the business’s past earnings and projects the future earnings, based on trends and accounting for risks.

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 Posted on January 31, 2020 in Children and Divorce

Communicating with your co-parent after a divorce can feel uncomfortable, even if you did not separate on bad terms. You need to stay in contact with each other to discuss issues related to your children. For some parents, having a child act as a messenger seems like a natural solution to the problem. After all, your child sees both of you regularly. However, any parenting expert will tell you that using your child as a messenger for your parenting discussions is unhealthy for them, no matter how old they are or mature they may seem.

Problems

Asking your child to deliver a message to your co-parent is forcing them to become a player in your co-parenting drama. You may think that it is benign to send a simple message, such as that you will be late in picking up the children next week. By tasking your child to deliver a message:

• They receive your co-parent’s negative reaction to the news and perceive that the reaction is directed towards them

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 Posted on January 31, 2020 in Divorce

When a couple decides they are getting a divorce, it is not uncommon for one spouse to willingly move out of the home. While this makes the most sense for many couples, it can also raise concerns for some. How can you make sure your spouse is still contributing to household expenses? How do you make sure your children still see their other parent? When this happens, you have two options: come to an agreement about how expenses and child custody will be handled for the time being or go to court to ask for a temporary order to protect yourself and your family.

If you are able to, coming to an agreement with your spouse about how these things will be handled during the divorce process is usually favorable. In some situations, however, this is not feasible. In these cases, your best bet may be to get temporary court orders that you and your spouse must abide by. Temporary orders can help you address some of your immediate concerns while your divorce is going on, and they will last until your divorce is finalized. Here are a few issues you can petition the court to decide using temporary orders:

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 Posted on January 29, 2020 in Divorce

Someone who has a greater income than his or her spouse can have an advantage during a divorce. If each spouse is left with only their individual resources, the wealthier spouse would be able to hire a more expensive lawyer, pay for other advisers, and better afford a prolonged legal battle. Illinois tries to level the playing field during a divorce by allowing someone to request interim attorney fees and costs from their spouse if they cannot afford these expenses. This divorce tool is a financial boon or burden, depending on which side of the court order you are on.

Receiving Interim Fees

As the name suggests, you will file for interim attorney fees and costs while the case is still ongoing. This request is strictly meant to pay for your legal fees related to your divorce. If you need help paying for your living expenses, you need to file for temporary spousal maintenance. When deciding whether to grant interim attorney fees, the court will consider:

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