Posted on March 04, 2016 in Divorce

The distribution of marital property is a key issue that comes up in divorce proceedings. Illinois is an "equitable distribution" state, which means marital property is not necessarily divided in half, but rather in a way that is "fair and equitable."

The first step in determining which party is responsible for paying off debt is to determine whether the debt is marital or non-marital. Marital debt is debt acquired by the parties during the course of the marriage. This debt includes but is not limited to residential mortgages, car loans, and credit card debt. It does not matter whose name is on the debt. However, the important distinction is what the debt was used for, and whether it benefitted the marital estate.

Student Loan Debt and Marital Assets

Many people today find themselves owing significant amounts in student loan debt. Whether or not this is considered marital debt depends on the circumstances surrounding the loan. If the loan was solely used for tuition related expenses, there is a stronger argument for non-marital debt. If it was used for the living expenses of both parties, it could be considered marital debt.

Continue Reading ››

 Posted on March 01, 2016 in Child Custody

Once a court has entered an order for the allocation of parental responsibilities, that order controls what parents are allowed to do. However, some circumstances may not be specifically addressed by the order. One common issue parents face is wanting to take a child out of the state for a short trip.

Do Both Parents Agree?

If the order itself does not address taking the child out of state for a short trip or vacation, you will need the permission of the other parent. If you fail to tell the other parent that you are taking the child out of state, or you do so even if he or she objects, you could then potentially face criminal charges. You may also give the other parent a reason to seek a modification to limit your parenting time.

Leaving the Country

Continue Reading ››

 Posted on February 24, 2016 in Family Law

All too often, the breakdown of a marriage occurs because of behavior by one spouse that the other spouse deems as unacceptable. The behavior or activity that is taking place may be behavior of which the other spouse was unaware. This is often the case when a spouse is arrested for criminal activity, such as white collar crimes or sexual offenses. The other spouse may find the charges so reprehensible that he or she decides to immediately file for divorce. However, questions are then raised with regard to the money the accused spouse may need for legal fees and fines, and how those funds affect the division of the marital estate.

How Criminal Activity Impacts the Marital Estate

Last year, a spokesperson for a national restaurant chain was arrested and charged with receiving child pornography and traveling over state lines to pay for sex with underage children. On the same day he was arrested, his wife filed for divorce and cited "an irretrievable breakdown of the marriage" that she linked directly to the charges for which the husband was arrested.

Continue Reading ››

 Posted on February 22, 2016 in Child Custody

In your family law case, you and your child's other parent will be expected to complete and submit a temporary parenting plan to the court. The parenting plan will often affect your life and the life of your family on a day-to-day basis.

The Judge Wants Parents to Agree

Judges want parents to agree on a parenting plan. The reason that a family law case starts out with both sides submitting a temporary parenting plan is because judges understand that children need stability. The faster parents can come to an agreement on at least a temporary plan, the smoother life will usually go for the children.

However, if you and the other parent cannot agree on a temporary plan, then you will have to go through mediation to try and work out a plan. A judge does not want have to impose a parenting plan on the parties because judges understand these plans often create more conflict between the two parents.

Parents Can be Creative With Their Parenting Plan

Continue Reading ››

 Posted on February 17, 2016 in Divorce

Several kinds of assets are easy to divide between the spouses in a divorce. However, determining out how to divide a business is complicated. Most businesses cannot simply be divided up without damaging or destroying their value.

How Much of the Business is Marital Property?

Illinois requires judges to divide marital property equitably. Therefore, given all the factors, a judge must split all of the marital property fairly. There are two questions that must be answered about every asset before the marital property can be divided:

1. Is the asset marital property?
2. What is the value of the asset?

An asset is considered marital property if it was acquired after the marriage, with a few exceptions. In the case of a business, if the business was started after the marriage, the entire value of the business is marital property. However, if the business was started by one of the spouses prior to the marriage, then only part of the value of the business will usually be considered marital property.

Continue Reading ››

 Posted on February 15, 2016 in Child Custody

In every family law case involving children, the judge is required to make decisions that are in the best interest of the child. The phrase "best interests of the child" can seem vague and difficult to understand. However, when judges are evaluating parenting time and allocation of parental rights options, there are many factors that are always considered.

Factors Judges Consider

The law requires judges examine all the relevant factors when deciding what is in a child's best interest. This gives judges the power to consider almost anything related to the child. Major factors that judges consider when deciding what is in the best interest of the child include:

• The wishes of the parents;
• The wishes of the child;
• The physical health of the child;
• The mental health of the child;
• The academic performance of the child;
• Any special needs of the child;
• The child's interactions and relationships with the parents;

  Continue Reading ››

 Posted on February 10, 2016 in Hidden Assets

When an individual believes that a divorce is unavoidable, he or she may panic. As a result, he or she may try to hide money or assets to avoid losing them in the divorce. If your spouse is playing games with your family finances, it then puts you at a disadvantage. However, there are teams of experts who are trained to detect fraudulent financial activity in a divorce, and to find missing assets.

How Spouses Try and Hide Money and Assets

There is no end to the creativity of people looking to try and hide money from their spouse and their spouse's attorney. Sometimes they spend months withdrawing money from checking and savings accounts and depositing the money into secret accounts. A spouse may also try and buy expensive items such as jewelry or art that can easily be transported and hidden, hoping to cash in those assets later after the divorce is final.

Another common technique is to transfer assets, even property, into the name of someone else before the divorce. The plan is for the person to then "give" the assets or property back after the divorce. Other times a spouse may just try and lie about the value of property, assets, income or accounts.

Continue Reading ››

 Posted on February 08, 2016 in Child Custody

A contentious divorce can be hard on everyone involved. However, children are especially vulnerable. If there is a dispute over the allocation of parental responsibilities in a divorce, the parents need to work hard to protect their children from feeling like they are pawns, or that they have to choose between their parents.

Keep the Routine Stable

A divorce or custody dispute often causes a lot of upheaval for everyone. The more stable you can make your child's daily routine, the more secure the child will feel about the new changes. The child should continue to attend the same school, participate in the same activities, and associate with the same friends as much as possible.

One of the factors court appointed custody evaluators often look at is which parent provides the child with the most stability. The more you can keep your child's routine the same, the better you will look to the evaluator.

Do Not Speak Negatively About the Other Parent

Continue Reading ››

 Posted on February 03, 2016 in Alimony

As part of a final divorce decree a judge may award spousal maintenance. However, that order may not be the final word on the matter. Both sides may be able to come back to the court to ask for a modification of the original order.

When Do Maintenance Payments End?

Illinois law sets out a formula for judges to use when determining how long maintenance payments will last depending on the length of the marriage. However, in most cases, the payments may also end if the spouse receiving the payments remarries or lives with an intimate partner. Because maintenance is a court ordered payment, the spouse making the payments may need to file a motion in court to have the payments officially terminated.

When Can You Request a Modification?

Continue Reading ››

 Posted on February 01, 2016 in Divorce

In the early stages of a divorce there is often a lot of positioning to see who will be awarded the marital residence. However, the fight regarding who gets the house is about much more than just the house itself. Possession of the house is also linked to almost every other area of the divorce.

Areas of Conflict in a Divorce

In most divorces there are three main areas of conflict:

• Division of property;
• Allocation of parental responsibilities (custody); and
• Support.

Often, the decisions about the division of the marital property, allocation of parental responsibilities, child support, and spousal maintenance are thought of as separate. However, they are all connected. For example, when a judge decides if spousal maintenance is appropriate in a case, he or she will also look to see if child support has been awarded, how the marital property has been divided, and where the children live, among other factors. Similarly, when the court awards possession of the primary residence a variety of factors are in play.

Continue Reading ››