IL divorce lawyerAs part of your Illinois divorce process, you and your spouse will be asked to submit a financial affidavit that lists your assets and income. This financial data is vital to obtaining a fair divorce settlement. Asset division, child support, and spousal maintenance are all contingent on divorcing spouses’ financial circumstances. If a spouse omits income sources, underreports business revenue, hides assets, or otherwise falsifies data on his or her financial affidavit, decisions about these divorce issues will be based on inaccurate information. Furthermore, lying about finances during divorce is unlawful. A process called forensic accounting is often the best way to uncover the truth about a deceitful spouse’s finances during divorce.

What Do Forensic Accountants Do?

Forensic accounting refers to an investigation into a spouse’s property, income, debts, and expenses. The more complex a spouse’s financial portfolio, the more in-depth this investigation will need to be. A forensic accountant is a financial professional who has specialized auditing, accounting, and investigative skills. He or she will work closely with your divorce attorney to thoroughly examine your spouse’s finances and discover evidence of deceit. Tax returns, bank statements, credit card statements, business contracts, invoices, mortgage applications, and other documents can all provide clues about hidden assets.

Methods for Hiding Assets During an Illinois Divorce

There are many different ways that a spouse may lie about finances in order to manipulate the divorce settlement or judgment. Financial deception is often used in an attempt to pay less in child support or spousal support or keep the other spouse from receiving the property division settlement he or she deserves. A deceptive spouse may hide assets by not reporting the assets or transferring assets to an unknown bank account. Spouses may also transfer assets to friends, family members, or coworkers. The Internal Revenue Service (IRS) is also sometimes used as a hiding place for assets. By “accidentally” overpaying the IRS, the spouse essentially loans the IRS money that is then returned to him after the divorce is finalized. Spouses may also undervalue assets, report lower than actual business revenue, or exaggerate debts and expenses in an attempt to sway a divorce settlement in their favor.

Contact a Kane County Hidden Assets Lawyer

Whether your divorce case is resolved through lawyer-assisted negotiations or courtroom litigation, accurate and complete financial information from both parties is crucial. If you suspect that your spouse is hiding assets, underreporting income, or otherwise lying about his or her finances, you need a divorce attorney who can protect your rights and advocate on your behalf. Call Shaw Family Law, P.C. at 630-584-5550 today and schedule a consultation with a highly experienced St. Charles divorce attorney to learn how we can help you get the divorce settlement you deserve.

 

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IL divorce lawyerGetting a divorce, or dissolution of marriage as it is called in Illinois, is not reversible. Some married couples who are having relationship problems may know that they want some space apart, but they are unsure of whether or not divorce is the right choice. This is just one situation in which a legal separation may be beneficial. Couples who get a legal separation are still technically married so if they choose to reconcile, they will not be required to get remarried. If they do not decide to continue the marriage, divorce is still an option. Most importantly, legal separation offers married couples a way to address issues such as property division, allocation of parenting time and responsibility, and spousal maintenance without the finality of divorce.

Illinois Separation Process

It is important to note that there is a difference between a physical separation and a legal separation. A married couple is not legally separated until they are granted a separation through the court. In order to be granted a legal separation in Illinois, at least one of the spouses must have lived in the state for a minimum of 90 days and the spouses must be living apart. If a spouse wishes to file for separation, he or she will need to file a petition for legal separation and a summons with their county’s Circuit Court. The petition and summons is then served to the other spouse and a date for a hearing is set. If the spouses have already resolved issues such as the allocation of parental responsibilities, child support, division of assets, and spousal maintenance through a separation agreement, the judge will likely grant the separation after this initial hearing. If the parties have not reached an agreement about one or more of these issues, they may need to attend an additional hearing. The authority of Illinois courts to divide assets and liabilities during a separation is much more limited than it is during a divorce. The court can only include asset division in the order for legal separation if the spouses have reached an agreement regarding how their assets and debts should be divided.

Benefits of Legal Separation

There are many different reasons that a couple may choose to get a separation instead of a divorce. Some couples are simply not sure whether or not they are ready to divorce. Other spouses get a legal separation in lieu of a divorce because divorce is prohibited by their religious or cultural beliefs. A spouse may also choose to stay married and obtain a separation so that he or she can still receive benefits such as social security, health insurance, or pension benefits. A legal separation is an effective way for a married couple to separate their finances and resolve issues such as child custody without ending the marriage. If you are interested in learning more about the legal separation process in Illinois, contact an experienced divorce lawyer.

Contact an Illinois Family Law Attorney

Legal separation does not end a marriage. However, it does allow spouses to resolve issues including property division, child custody, spousal maintenance, and more. To discuss whether or not a legal separation is right for your unique situation, contact Shaw Family Law. Call our office today at 630-584-5550 and schedule a free, confidential consultation with a seasoned St. Charles divorce lawyer.

 

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Posted on in Divorce

IL divorce lawyerEnding a marriage is considered by many experts to be one of the most stressful experiences a person can have. Even if you were the spouse who suggested the split, the divorce process can be extremely emotionally burdensome. You may have worries about how divorce will affect your finances, your children, your career, and your lifestyle. Fortunately, there are a number of tips that mental health experts say can help you reduce the strain associated with formally ending your marriage.

Make Your Health a Priority

Many busy adults end up putting their own wellbeing quite low on their priority lists. Experts suggest that one of the best things you can do during divorce is to make a conscious effort to keep yourself healthy both mentally and physically. Exercise has shown to have remarkable benefits to both overall health as well as mood. Eating a balanced diet and avoiding the temptation to binge on junk food will also strengthen your body and help you get through this difficult time.

Do Not Fall into the Habit Of Using Drugs and Alcohol to Cope

The flood of emotions surrounding divorce can be hard for anyone to deal with. If you have decided to end your marriage, you may feel ashamed, angry, and heartbroken. Alcohol or drugs may offer a temporary, superficial numbing of these painful emotions, but the long-term effects of drug and alcohol abuse will only worsen divorce stress. Furthermore, drug and alcohol use can have a significant impact on your divorce settlement - especially child custody decisions.

Get Support From Family, Friends, and Professionals

Many people feel the need to turn inward and isolate during divorce. However, experts say that this is one of the worst things you can do for your mental health. Spending time with family and friends can help you get the support and distraction you need. Speaking with a counselor or therapist is also a great way to vent your divorce frustrations to a professional in the safety of a confidential setting. Divorce support groups also offer the opportunity to talk about divorce issues with people who are going through the same things you are.

Consider Mediation

If you and your spouse have disagreements about property division, parental responsibilities and parenting time, or spousal maintenance, you may want to consider family law mediation. During the mediation process, you and your spouse meet with a mediator who is specially trained to help you negotiate your divorce issues. Mediation is an informal, collaborative process that takes place outside of the courtroom. Not only is mediation much less expensive than litigation, it is also significantly less stressful and combative.

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IL divorce lawyerDivorce settlements often contain orders regarding property division, debt payment, the allocation of parental responsibilities, parenting time, child support, spousal support, and other matters. One concern many people getting a divorce have is whether their soon-to-be ex-spouse will actually comply with the terms contained in the divorce settlement or judgment. It is important to remember that court orders are not optional. If an individual deliberately refuses to follow a court order, including orders related to divorce, he or she can be charged with contempt of court.

Contempt Charges for Failing to Comply with a Property Division Order

When you get divorced, you will be expected to fulfill the obligations specified in your property division order. For example, you may be required to make mortgage payments, pay off a shared credit card, or submit certain property to your former spouse. If you purposely do not follow the directions in your property division order, you may be held in contempt of court. The possible penalties for contempt of court include steep fines and even jail time.

Nonpayment of Spousal Support or Child Support

If a divorce settlement includes an order for spousal maintenance, also called spousal support or alimony, the paying party is expected to make these payments in full and on time. This same is true for child support payments. If a paying party intentionally fails to make these payments, he or she can potentially be charged with contempt of court. However, if the paying party cannot make these payments because of a major change in circumstances, such as a job loss, he or she will most likely not face contempt charges. If you are a parent who is struggling to make child support or spousal maintenance payments, never simply stop payments. You may be able to obtain a modified order if the circumstances warrant it. Furthermore, it is very important that you follow directions regarding parental responsibilities and parenting time contained in your parenting plan. Deliberate failure to do so can also result in contempt charges.

Contact a Kane County Post-Divorce Enforcement Lawyer

The directions contained in a court order are mandatory. Failure to comply with these directions can result in serious consequences. If your former spouse is refusing to follow the orders contained in your divorce settlement or you want to request a post-divorce modification, we can help. Contact Shaw Family Law, P.C. at 630-584-5550 today and schedule a free consultation with a knowledgeable St. Charles family law attorney.

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IL divorce lawyerGetting a divorce in any circumstance can be heartbreaking and overwhelming. However, getting divorced when you have children with your spouse can be especially challenging. Many parents worry that ending their marriage will be traumatic for their children. While breaking the news of divorce to children is never a pleasant conversation, there are certain steps parents can take that may minimize the trauma as much as possible.

Have a Family Meeting About the Impending Divorce

Child development experts and mental health professionals generally agree that it is best to break the news of divorce with both parents present. Use the word “we” when explaining the split to the children – even if the divorce was not a mutual decision. When only one parent tells the children about the divorce, it can make the children feel like they have to choose sides. While some families choose to tell the older siblings before the younger siblings, many mental health professionals suggest telling the children all together regardless of their ages. When some children know about the divorce before the others, it leaves them with the unfair burden of keeping a secret.

Plan What You Will Say in Advance

Just as you probably plan for important work meetings, you should plan how you will tell your children about your divorce. Think about the main messages you want your children to take away from the conversation. You may want to reassure your children that they will still be loved and cared for and that the divorce is not their fault. Remind them that even though you and your spouse are no longer going to be married, this does not change the fact that you are still their parents.

Accept Your Children’s Reactions

Children are all different and may have a variety of reactions to the news of divorce. Some children may throw a tantrum or become extremely angry. Others may cry and want to be held and comforted. Some children may initially act nonchalant or even have no noticeable response at all to the news. These are all normal reactions. Try to give your children space to work through their emotions and remind them that you are available to talk and answer questions whenever they feel ready.

Contact a Kane County Divorce Lawyer

At Shaw Family Law, P.C., we know the toll that divorce can take on a family. Our highly-skilled, compassionate St. Charles family law attorneys are fully prepared to help you with issues related to property division, child custody, child support, and more. Call our office at 630-584-5550 to schedule a free, confidential consultation with a member of our team today.

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