Posted on March 07, 2023 in Divorce

In Illinois, same-sex couples have the same legal rights as opposite-sex couples during a marriage or divorce. However, there are some unique legal considerations that same-sex couples should keep in mind when going through a divorce. Today, we are going to look into what some of those considerations are. If you are in a same-sex marriage and looking to get a divorce, consider contacting an experienced divorce lawyer who will ensure your rights remain protected and that you fully understand your legal options moving forward. 

Essential Property Division Considerations for Same-Sex Couples Getting Divorced

One of the main issues that may arise in a same-sex divorce surrounds the division of property. Illinois is an equitable distribution state, meaning the marital property is divided fairly but not equally. This includes any assets or debts acquired during the marriage, regardless of whose name is on the title or account. Furthermore, same-sex couples may have a more complex financial situation due to the lack of federal recognition of their marriage before Illinois state legalization of same-sex marriage in 2013, which then went into effect in the state in 2014, and the nationwide legalization of same-sex marriage in 2015. Since many same-sex couples were cohabiting long-before same-sex marriage became recognized at the state and federal levels, determining what marital property can come with its challenges. 

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 Posted on March 02, 2023 in Divorce

 Divorce can be a complicated and emotionally charged process, and property division is often one of the most contentious issues. In Illinois, inherited property is generally considered separate property and not subject to division in a divorce settlement. However, some exceptions to this rule can make things more complicated. Today, we are going to discuss everything you need to know regarding inherited property in Illinois divorce settlements. If you are getting a divorce, it is in your best interest to hire a skillful divorce attorney to help ensure your rights are protected, and a favorable case outcome can be pursued.

Important Considerations for Inherited Property in Illinois Divorce

As stated previously, when a person inherits property, cash, or similar assets, it is usually considered their separate property, which makes it exempt from division during divorce proceedings. However, in certain situations, inherited property may lose its status as separate property and become subject to division. 

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 Posted on February 28, 2023 in Divorce

Understanding the financial implications of a divorce can be a highly daunting task. An area of particular concern may be how your divorce will impact your credit. Unfortunately, debt and the effect of debt on credit scores can be critical components of the divorce settlement. They can have a lasting impact on the financial well-being of both parties. Today, we will discuss what is most important to know regarding how to protect your credit most effectively during divorce proceedings. If you are getting a divorce and have concerns as to how your divorce may impact your credit, contact an experienced divorce attorney to help ensure that your rights remain protected and that you understand your options moving forward. 

Essential Steps to Protecting Your Credit During Your Divorce

Here are some essential tips to consider if you want to protect your credit during your divorce. These tips include the following:

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 Posted on February 23, 2023 in Divorce

QDROs (Qualified Domestic Relations Orders) and QILDROs (Qualified Income Reduction Orders) are legal orders issued by a court to divide retirement assets between divorcing spouses. Today, we will discuss how these orders may be used in an Illinois divorce case. As always, if you are getting a divorce, consider consulting with a qualified attorney to guide you through the legal process.

What is Most Important to Know About QDROs? 

In Illinois, QDRO is a legal order that provides instructions for dividing  a qualified retirement plan, such as a 401(k) or pension plan, in a divorce. QDROs are considered beneficial tools in protecting retirement accounts' tax benefits. 

When a couple gets divorced in Illinois, any retirement benefits earned by either spouse during the marriage may be considered marital property subject to division. This means that the court may order that a portion of one spouse's retirement benefits be paid to the other spouse as part of the divorce settlement. To divide a qualified retirement plan, a QDRO is typically required to do this. The QDRO must be approved by the court and the administrator of the retirement plan. The QDRO will specify how the retirement benefits are divided between the parties, such as a percentage or a specific dollar amount. To be clear: you do not automatically receive a QDRO. You must request one, and the court must then approve the request. 

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 Posted on February 22, 2023 in Divorce

No one begins their marriage with the expectation that it may one day end in divorce. Unfortunately, however, many marriages end this way. Today, we will discuss Illinois no-fault divorce laws and what that means for those seeking a divorce. We will also discuss how the dissipation of assets can play a role in divorce proceedings. If you are getting a divorce, consider contacting an attorney who will ensure your rights are protected and that a favorable case outcome can be pursued. 

What is No-Fault Divorce?

Illinois is one of the many states that has adopted the concept of no-fault divorce. This means that couples seeking to end their marriage in Illinois are not required to prove fault on the part of either party. Instead, the only grounds for divorce in Illinois are irreconcilable differences. Meaning even an issue such as infidelity cannot be brought forth as a reason for getting a divorce. This simplifies the divorce process and reduces the time, expense, and emotional strain of proving fault. 

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 Posted on February 16, 2023 in Divorce

 Divorce can be challenging for anyone, but for professionals such as doctors and lawyers, there may be additional concerns about protecting their rights and financial interests. For example, in the case of doctors, their high-earning potential and busy work schedule can complicate property division and spousal support. The division of assets may include complex investments, partnerships, or medical practices, which can be challenging to value and divide. Additionally, professionals may struggle to balance the demands of their work with the emotional toll of divorce proceedings.  

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 Posted on February 14, 2023 in Divorce

Depositions are a discovery tool used in some Illinois divorce cases to gather information and evidence before a trial. A deposition is considered out-of-court testimony where one party can ask another party or witness questions under oath and before a court reporter. The answers are recorded and, in limited circumstances, may be used in court if necessary. Depositions are a valuable tool for both sides of the case, as they allow parties to understand the other side’s case better and provide information that would have otherwise been difficult to obtain. 

Generally, depositions are used when one party cannot obtain information from the other party through other means. Today, we will discuss what is most important to know regarding divorce depositions in Illinois. If you are getting a divorce, consider contacting an experienced attorney who will fight to protect your rights as you proceed through the process.

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 Posted on February 09, 2023 in Child Custody

In divorce cases involving children, a child custody evaluator may play a critical role in determining the best interests of children involved in custody disputes. They are typically court-appointed professionals with specialized training and experience in child psychology, family dynamics, and relevant laws. A child custody evaluator's main objective is to provide a recommendation to the court regarding what parenting arrangement will serve the child's best interests. 

Child custody can be an extremely contentious issue. If you are getting a divorce and are going through a complex or combative child custody dispute, working with an attorney who has dealt with child custody evaluators can make a positive difference in easing your stress and can provide you with guidance as you work through this important process. 

What Does the Child Evaluator Do?

The evaluator starts the process by conducting a thorough assessment of the family, including interviews with the parents, children, and other relevant individuals such as extended family members, teachers, and therapists. They will also review relevant documentation such as school and medical records and may observe parenting interactions to gain insight into each parent's relationship with the child. 

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 Posted on February 07, 2023 in Divorce

In recent years, electronic payments and cryptocurrency have become increasingly popular, changing how individuals manage their finances. As these new forms of payment and investments have become more widespread, it is important to understand how they can impact an Illinois divorce. 

The division of marital property by an Illinois court is determined by the “equitable distribution” doctrine. Equitable distribution is not necessarily an equal split but rather a fair and reasonable division in the court's eyes. Any assets that were purchased or otherwise obtained during the marriage are part of the marital estate, save for certain exceptions. All assets considered marital property must be divided between the divorcing spouses. This includes traditional assets such as bank accounts, real estate, and investments, but it also includes electronic payments and cryptocurrency. 

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 Posted on February 02, 2023 in Divorce

In Illinois divorce cases that involve children, few issues are more pressing and consequential than the allocation of parental responsibilities. Illinois courts generally assume that it is in the best interests of the children for both parents to stay involved in their children's lives. However, this is a rebuttable presumption. 

Parents must construct a written parenting plan that sets forth the responsibilities to be undertaken by each spouse regarding their children after the divorce is finalized. However, life has a funny way of throwing us curveballs when we least expect it. Combining that with children growing older and situations changing, it may become necessary to modify the parenting plan you created with your spouse during your divorce. 

This blog will look at situations that may signify it is time to modify your parenting plan to reflect your children's needs best. If you are interested in changing your parenting plan, do not hesitate to contact a knowledgeable divorce attorney who is well-versed in issues relating to children of divorced parents and the modification of parenting plans. 

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