Posted on May 26, 2021 in Divorce

Once you have made the decision to get a divorce, the last thing you want a divorce that drags on for months or even years. However, that is the reality for people whose divorce situations are unusual or complex. Some divorces will understandably take longer to complete than others, especially when certain issues are present. A lengthy divorce can take a toll on the couple, their children, and their wallets, but there are things that you can do to speed up the process and help keep your divorce on track.

The Grounds and Waiting Period for Divorce in Illinois 

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), a couple can only get divorced if, “irreconcilable differences have caused the irretrievable breakdown” of the marriage. Basically, you must show to the court that you and your spouse have differences you cannot settle and that it would not be in the best interests of the family for you and your spouse to continue to be married. If a spouse denies that there are irreconcilable differences, living separately and apart for six months creates an “irrebuttable presumption” of irreconcilable differences. There is no waiting period if you and your spouse both agree to get divorced.

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 Posted on May 24, 2021 in Child Custody

Nearly all divorces will involve some degree of disagreement between the couple, however, some divorces involve more disagreement than others. Sometimes, all of that resentment can also affect the way the couple parent their children. Most of the time, couples will set up a co-parenting plan that they will follow after the divorce. However, when parents do not get along with one another very well, co-parenting may be the wrong choice. Co-parenting success depends on both parents being willing to communicate and cooperate with one another to raise their children. In situations where parents are unable to do this, parallel parenting can be more effective and provide an overall more peaceful environment for everyone involved.

What is the Difference Between Co-Parenting and Parallel Parenting?

There is no “one size fits all” solution when it comes to parenting. What may work for some families after a divorce may not work for another family. When it comes to co-parenting, parents usually have to be on somewhat good terms for this parenting style to work. Divorced parents who co-parent are able to attend functions at the same time, help their child transition between households without issue, and solve issues with the other co-parent when needed. Not all parents can do this, which is why some parents may find more success with parallel parenting.

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 Posted on May 19, 2021 in Property Division

When any couple gets divorced in Illinois, one of the many issues they will have to address is how property will be divided between the two of them. The property division process can be taxing for many couples, especially if they cannot agree on how the property should be distributed. In some cases, issues can arise when one spouse does not agree with the marital and nonmarital property designations assigned to certain assets. Many couples have expensive and valuable assets, such as the family home, vehicles, and perhaps even a business or professional practice. Determining a correct designation for those assets is crucial to getting a fair distribution of marital property. However, determining what is and is not marital property is not always as clear-cut as you would think.

Determining Commingled Property

In Illinois, only marital property is included in the division process. This means that any property or debts you and/or your spouse acquired during your marriage is fair game, with a few exceptions. Property is considered nonmarital property acquired during the marriage if it was:

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 Posted on May 17, 2021 in Divorce

Couples get divorced for a variety of reasons. According to one study, more than half of survey respondents stated that financial problems were the main reason that they decided to divorce. Marriages are often stressed when the couple has financial issues and that stress can carry over to the divorce, too. Your finances can take a toll during divorce, leaving you with a headache to deal with after the divorce is finalized. The best way you can protect yourself from financial disaster during and after your divorce is to make sure you are fully prepared before you go into the process. 

Open Individual Accounts

Once you have filed your petition for divorce, all of the assets that you acquire are no longer considered marital property. You should immediately open individual accounts for your checking, savings and potentially even credit card accounts. Having these accounts can help ensure that your own separate property is not commingled with marital property.

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 Posted on May 13, 2021 in Divorce

The overwhelming majority of divorce cases end in a settlement. This means that the couple is able to come to an agreement about various divorce issues without having to go to trial. However, court involvement may be necessary if spouses cannot reach an agreement. If the case does end up going to court, the couple will no longer have the final say over the decisions made -- a judge will. The judge will make determinations that are in line with the law, but before they can do that, they have to understand all of the facts of the case. This is typically done by each spouse’s attorney presenting evidence, but in some cases, expert witnesses can also be called to the stand to give testimony about certain issues. A consulting expert may provide insight and help your attorney build a strong claim before the case advances to trial.  

Property Division Issues

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 Posted on May 11, 2021 in Child Support

Divorce can be financially taxing, even for the wealthiest of families. When a divorce is contested, it can be even more expensive and time-consuming than expected. For those who have children, child support can be one of the most important financial aspects of divorce. Ensuring that your children are adequately provided for may mean that you need to include child-related expenses above and beyond what typical child support payments provide. 

Expenses to Consider Adding to Your Support Order

In some cases, a child may have additional needs or expenses that the custodial parent needs assistance with. In these cases, the custodial parent can request that these additional expenses be added to the child support order so the cost can be split between the parents. Though parents can create their own individual child support agreements containing whatever provisions they see fit, the Illinois Marriage and Dissolution of Marriage Act provides for specific child-related expenses that may be added to the support order. These expenses include:

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 Posted on May 07, 2021 in Property Division

If you are a business owner, there are various issues that you must address if you get a divorce. Asset division can be a messy process, but when you own a business, there are many more financial aspects that you must consider before you divide your assets and liabilities. When it comes to dividing your property, the state of Illinois uses an equitable distribution process to ensure both spouses get their fair share of the marital assets. This means that your spouse could potentially be entitled to a portion of your business if the business is deemed to be marital property. If not, your spouse could still be entitled to a portion of the profits the business has made during the time you were married, which is why it is important to get a fair valuation of your business before beginning the process.

Business Valuation Methods

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 Posted on April 23, 2021 in Child Custody

Dealing with mental illness during divorce is not an uncommon issue. According to the National Institute of Mental Health, an estimated 51.5 million people, or around one in five adult Americans, live with some type of mental, behavioral, or emotional disorder. While most adults who live with these illnesses find ways to adapt and cope with everyday life, divorce can be a particularly difficult period of time, especially if it involves conflict between spouses. One of the biggest issues that many divorcing parents disagree on is parenting time, which can be exacerbated if one parent has a mental illness. But can a parent actually lose their right to parenting time if they have a mental illness?

Determining the Best Interests of the Child

Any action that the court takes or decision is made involving children must be done based on the child’s best interests.  It is not of the opinion of the state of Illinois that having a mental illness, in general, means that you should not have parenting time or that you should be subject to any restrictions to your time with your children. However, a judge does have the authority to do so if he or she feels that the mental illness would endanger your child’s mental, emotional, physical, or moral well-being.

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 Posted on April 21, 2021 in Divorce

Divorce looks different for every couple. Some divorced couples end their marriage and never speak to each other again. Other couples remain on good terms and even take family vacations together after their split. Some may even continue to live together after getting divorced. If you are in a situation where it may make sense to continue living with your soon-to-be-ex, you may wonder, “Can I get divorced in Illinois if we are still living together?”

Understanding Illinois’ Rules Regarding Living Separately and Apart

One of the many changes to Illinois divorce law that took place in 2016 was a revision of the grounds for divorce. In the past, divorcing spouses could assert fault-based grounds such as adultery or the no-fault ground of “irreconcilable differences.” If the spouse alleged a fault-based ground, the mandatory separation period was six months. If the couple alleged irreconcilable differences, the mandatory separation period was two years.

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 Posted on April 19, 2021 in Divorce

If you are like the vast majority of adults in Illinois, you probably have a cell phone, computer, tablet, or all three. Most of these devices can record audio and video at the press of a button. It can be very tempting to make use of this ability during divorce – especially if your spouse’s behavior is much different behind closed doors than it is in public. You may wonder, “Can I record my spouse and use this recording as evidence during my divorce?”

Illinois Law Regarding Recording a Conversation

Most states are one-party consent states. This means that it is lawful to record a conversation between two people if at least one of them knows that the conversation is being recorded. For example, you could record yourself speaking on the phone to someone else because you know that you are recording. Illinois, however, is an all-party consent state. This means that both you and the other party need to provide consent for a recording to be legal. Recording someone without their permission may be considered a Class 4 felony offense in Illinois.  However, there are several exceptions to Illinois laws regarding eavesdropping and recording.  

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