630-584-5550
Recent Blog Posts
What Can I Do If My Ex Thinks Spousal Support is Revenge?
It is a myth that spousal support is a form of revenge. It is not about one spouse penalizing the other for past mistakes such as infidelity. Instead, it is determined by a couple's financial situation and needs. This holds significant weight, especially for women facing a midlife divorce. Research reveals that women are more likely to live below the federal poverty line compared to men. The harsh reality is that women still often earn less than men, and this earnings gap often widens as they age. You need a skilled Illinois divorce attorney to advocate for your long-term needs and ensure that spousal support is handled fairly in your divorce.
What Should Be Considered When Asking for Spousal Support?
Recent trends reveal a rising number of men and women in long-term marriages choosing to call it quits. Unfortunately, the financial repercussions tend to hit women the hardest, often resulting in a 45 percent decrease in their standard of living.
How Can I Request a Child Support Increase?
Rising costs in Illinois after COVID-19 have strained many people, making it tough to manage finances. Amid labor shortages, some employers boosted pay to keep employees. If you suspect your ex received a substantial raise, you can petition the court to reassess child support payments. If you have custody of your children and need increased child support to cover added expenses, consult an Illinois attorney for guidance on modifying your support order.
What Is the Process to Change a Child Support Order?
Child support is typically paid to the parent who is awarded the most parenting time and with whom the child lives. The non-residential parent is the one who pays child support. Under Illinois law, if you want to change the amount of money you pay or receive for child support, there is a legal process you must follow. You need to prove to the court that there has been a significant change in your circumstances that justifies adjusting the child support payments. This legal adjustment is often called a modification.
Are Divorces Easier with a History of Domestic Violence?
You may believe that getting a divorce should be straightforward if you are in an abusive relationship and want to break free. In Illinois, one out of every three women is in an abusive relationship, including physical harm to emotional abuse. Unfortunately, getting a divorce in Illinois is not necessarily easier if there is a history of domestic violence. However, the presence of domestic abuse can significantly influence other aspects of the divorce process, especially child custody. Only an experienced Illinois attorney can help you understand the process.
What is a No-Fault Divorce?
Illinois follows a no-fault divorce system, which means neither spouse can blame the other for calling it quits. Factors like physical or mental cruelty, adultery, or even issues like alcohol abuse can no longer be used as reasons to seek a divorce. In order to file for a no-fault divorce in Illinois, you will need to demonstrate these three key elements:
What are the Consequences of Hiding Assets in a Divorce?
Divorce is often a complex and emotionally charged process, especially when financial matters come into play. The division of marital assets is a critical aspect of divorce proceedings. Illinois law mandates that both spouses provide complete and accurate financial disclosure. Unfortunately, some individuals may attempt to conceal or hide assets to gain a financial advantage during the divorce. However, the consequences of such actions can be severe and far-reaching. Suppose you suspect your spouse is trying to hide assets in your divorce. In that case, it's imperative to consult with your St. Charles high asset divorce attorney as soon as possible.
Legal Obligation of Full Financial Disclosure
In Illinois, spouses have a legal duty to provide complete and honest financial information during divorce proceedings. This disclosure is essential for ensuring an equitable distribution of marital property and spousal support arrangements. Both parties must provide a comprehensive list of all assets, liabilities, income, expenses, and financial documents. Attempting to hide assets or misrepresent financial information breaches this legal obligation and can have serious repercussions.
How Can I Adopt My Stepchild in Illinois?
A person does not need to be a blood relative of a child in order to love and care about him or her. If you married someone who already had a child, it is possible that you have spent a great deal of time getting to know the child and providing for his or her needs. You may even think of the child as if he or she was your own biological offspring. If this situation describes you, you may be wondering what it takes to adopt your stepchild. Stepparent adoptions can sometimes be complicated personally as well as legally. This is why it is a good idea to work with a skilled Illinois stepparent adoption lawyer who has experience handling stepparent adoption cases.
Stepparent Adoption Criteria
Stepparent adoption is a significantly different process than other types of adoption. In many cases, an investigation by the Department of Children and Family Services or background check is not required. In order to qualify for a stepparent adoption, the following criteria must be met:
The Role of Social Media in Divorce Cases
When going through a divorce, it is crucial to recognize the significant impact your social media activity can have on the outcome of your case. Opposing counsel will undoubtedly delve into your private life, including interactions on social media and online communications with friends and family. Any missteps in this realm can potentially give your soon-to-be-ex spouse an advantage, particularly in high asset divorce cases.
Impacting Your Credibility
In a contentious divorce, one party may attempt to portray the other as immoral or untrustworthy. Social media posts can be used as evidence to support such claims. For example, if you claim financial hardship to avoid spousal maintenance, but then post pictures of extravagant parties on luxury items and lavish spending, it can seriously undermine your credibility and weaken your position during negotiations.
The Importance of Forensic Accounting in High Asset Divorce Cases
High net worth divorce cases come with high risks and secret agendas. Forensic accounting can be vital in providing an equitable resolution during your divorce. Accountants use their experience to share valuable insights during valuation, track complex transactions, and uncover hidden assets. We explore the key advantages of working with forensic accounts in a high asset divorce below.
Use It to Identify Discrepancies in Financial Records
Navigating a high asset divorce can be tricky, especially if your soon-to-be-ex-spouse falsifies information to reduce spousal or child maintenance obligations. Forensic accountants can catch lies by tracing financial transactions and verifying records.
This includes:
- Reviewing financial documents and reconciling bank statements to ensure they are accurate.
- Tracking financial activity to ensure funds are transferred to legitimate bank accounts.
Key Differences Between Contested Divorce and Uncontested Divorce in Illinois
The difference between contested divorce and uncontested divorce in Illinois lies in their execution and how the soon-to-be-ex-spouses communicate during legal proceedings. Both scenarios require legal representation. A divorce lawyer will handle negotiations, paperwork, and other aspects of the dissolution of marriage to streamline the process. We highlight the distinguishing factors between each divorce type to help you make an informed choice during your separation.
The Control Shifts in Contested vs. Uncontested Divorce
A contested divorce typically goes to trial because the couple does not agree on how to distribute marital assets or manage child support after separation.
Since the divorcing couple cannot reach a settlement, one or both parties request the court to intervene. The court uses the legal framework to determine an effective way to divide marital property and assets, parental responsibilities, and set conditions for child and spousal support.
Who Pays for a Child's College Expenses in an Illinois Divorce?
In Illinois, the court can require divorcing parents to pay for their children's post-secondary education. Family lawyers can help you decide how much you need to pay and how to divide those responsibilities during a divorce. The following is a brief overview of the statute that covers this area of Illinois family law.
#1. There Is an Age Limit for College Provisions
Section 513 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/513) has set strict terms and conditions for college expenses. The provisions include the cost of five college applications, a minimum of two college entrance exam fees, and payouts for educational books and resources.
This includes post-secondary education costs for trade school and vocational school. The court does take both parents' financial status and future resources while dividing the college expenses equitably. Do you have to pay for college until graduation? Not necessarily.
One of the clauses in Section 513 states that parents and the non-minor child are responsible for paying for college expenses until they turn twenty-three years old. After that, the divorced parents are no longer obliged to cover post-secondary educational costs under this law.
Key Tax Implications of an Illinois Divorce
In Illinois, certain tax implications can significantly impact the terms of a divorce agreement. These should be discussed during negotiations. Some of them include the following:
Your Tax Filing Status
Whether you wish to join separately or together for the previous year will depend on when the divorce was finalized. For instance, if it was finalized on December 31st before 11.59 pm, that means you were not legally married before that time and can file separately for that year. Additionally, you may be able to file as the head of the household if you had child custody for at least six months of that year.
If the divorce was not finalized before the year ended, you and your ex-spouse could determine your filing status. If a party cannot decide, a judge decides how tax refunds and owed taxes are divided.
Cash and Property Awards in a Divorce Decree
Property and cash acquired pursuant to a divorce decree in Illinois are nontaxable for the person receiving them. This means the person providing them cannot deduct them from their taxes. The property and money that spouses own are presumed to be earned by the party – it is presumed they have already paid taxes on these.
630-584-5550