Posted on August 20, 2019 in Divorce

When you are going through a divorce, you are not only separating from your ex-spouse, but you will also need to split up the assets you own together. Depending on the length of the marriage, it can be difficult to untangle your shared assets and determine who should keep what property. Here are some basic rules for how marital property is divided in Illinois:

Marital Property

During a divorce, Illinois courts only have the authority to divide up marital property. Marital property is defined as property or assets that were obtained during the marriage. Inheritances or gifts that were given only to one spouse and assets obtained before the marriage or after legal separation are considered separate assets that are not eligible for division during the divorce. However, marital and separate property may not always be so easy to define. If an asset that would have been considered separate property was used by both spouses, or if it was “commingled” with marital property, the court may consider it to be a marital asset. For example, if you earned money before your marriage but transferred it into a joint account, then it may be considered marital property.

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 Posted on August 19, 2019 in Divorce

Deciding to get a divorce is a much bigger decision than just choosing to split from your partner. Ending your marriage may potentially mean that you will see your kids less often, and you will need to give up ownership of some of the property you own. Determining how to handle ownership of the family home is often one of the most complex issues to be addressed during divorce. Some divorcing couples choose to sell their house and split the profits, but one person may not want to uproot their life. If both parties wish to continue living in the marital home, then disputes over the division of marital property may be difficult to resolve. If you are looking to retain ownership of your home, you should consider the following:

Determine the Value of the House

If you want to keep your house, you will need to buy out your partner’s share of the equity in the home, and the mortgage will need to be refinanced in your name. The equity is the value of the house minus the amount that is owed on the mortgage. It may be necessary to perform an appraisal or consult with a real estate professional to determine the true value of the home. 

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 Posted on August 07, 2019 in Divorce

Ending your marriage can not only be a painful process, but without proper planning, divorce can also be expensive. Fortunately, you have options for how you can complete your divorce, and you can take steps to keep the costs down and dissolve your marriage efficiently and cost-effectively. If you want to ensure that your divorce is completed effectively without breaking the bank, consider the tips below:

Avoid a Trial

The costs of divorce litigation can be very high, and when you need to make multiple appearances in court, legal fees and attorney expenses can add up quickly. To avoid this, you can work with your divorce lawyer and your ex-spouse to settle your case outside of court. You and your former partner may also choose to use mediation to settle your outstanding issues. When you participate in this process, you will work with a neutral third-party mediator to reach an agreement. 

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 Posted on August 01, 2019 in Divorce

When a couple chooses to get divorced, the best-case scenario involves them parting ways amicably while still maintaining respect for each other. Unfortunately, this is not always the case. Some ex-partners can be dangerous, and it may seem difficult to remove them from one’s life even when the divorce is over. An ex-spouse may commit multiple different types of harassment, including electronic stalking. This can be a subtle but invasive method of stalking someone, and many people do not even know their privacy has been compromised until it is too late. If you are concerned that your ex-partner is stalking you, here are some tips to help protect your privacy and your safety.

Change Your Passwords

If you and your ex-partner shared accounts for email, social media, or other apps during your marriage, it is important to change the usernames and passwords of those accounts immediately. You should also take steps to remove your ex from any bank accounts or credit cards the two of you shared. Your ex-partner could still be using online apps or financial records to track your communications, your whereabouts, and your spending habits. Make sure you use a password that is not obvious to your ex-partner. Avoid the use of easy-to-guess references like your first pet or your middle name. Consider a password generator that provides a completely random sequence of unguessable characters.

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 Posted on July 25, 2019 in Divorce

Divorce can be a difficult process, but if you are in an abusive relationship, it may be a necessary one. Unfortunately, abusive relationships often involve manipulation, and sometimes the person who is being abused does not realize they are a victim. Those who are experiencing difficulties in their relationship should be sure to recognize the signs of abuse and learn about their options for escaping an abusive situation.

What Defines an Abusive Relationship?

Not all abusive relationships are physically violent. These relationships typically involve one partner taking control or power over the other. This control can be expressed through physical violence, verbal abuse, and/or manipulative behavior. Mind games, threats, gaslighting, coercion, and intimidation are all common traits of manipulative behavior. Domestic violence can result in physical harm to a spouse or their children, but abuse can cause a great deal of emotional and psychological harm as well.

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 Posted on July 19, 2019 in Divorce

Marriage is like a knot, and that knot can be very tricky to untie if you are getting a divorce. One of the most difficult parts of divorce can be the division of property. Many states use “community property” laws, which say that any assets obtained during a marriage are subject to equal division in the case of a divorce. However, Illinois is not a community property state, and instead, it uses a principle known as “equitable distribution.” This states that assets will be fairly and equitably divided between spouses in just proportions rather than being split 50/50.

Types of Property

There are two types of property that a married couple may own: marital property and separate property. Marital property is defined as all assets and debts obtained by either spouse during a marriage. This includes not just tangible property but also intangible assets. Examples may include vehicles, furniture, clothing, jewelry, bank accounts, trusts, real estate property, and business interests--as long as they were obtained during the marriage. Liabilities such as credit card debts or home and auto loans are also considered marital property. 

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 Posted on July 18, 2019 in Divorce

The breakup of a marriage is often an emotionally difficult experience, but it can especially hurtful when a divorce was caused by infidelity. If you find your partner cheating, you may have difficulty forming trust and establishing loyalty in future relationships. You may also feel that your ex-spouse’s mistress or paramour caused you significant harm, and you may wonder if you can take legal action against them. In some states, a person can file a civil tort claim for criminal conversation or alienation of affection. In this type of case, a person can sue the person who broke up their marriage, asking the judge to award damages based on loss of consortium, mental anguish, and loss of support.

Criminal Conversation 

Criminal conversation, despite the name, is a civil court case, and a defendant will not face criminal penalties or jail time. To sue a person in this type of case, hard evidence is needed to show that a plaintiff’s spouse committed adultery. This evidence is usually obtained with the help of a private investigator, and it may consist of videos or photographs. It must usually also be proven that the infidelity happened within the marriage (not during a separation), that the act was committed with a person (a business such as a gentlemen's club typically cannot be sued), and the acts took place within the applicable statute of limitations.

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 Posted on July 11, 2019 in Divorce

Prenuptial agreements tend to get a bad reputation. A person may feel that a request to sign a prenup implies that one partner makes the majority of the money, and signing a prenuptial agreement may make it seem like a marriage is expected to end in divorce. However, a prenup does not necessarily have negative implications, and it can provide a number of benefits for a married couple. As people in the Millennial generation get older and begin to get married, they are agreeing to more prenups than previous generations. According to a study published by the American Academy of Matrimonial Lawyers, 62% of attorneys surveyed have seen an increase in requests for prenuptial agreements in recent years, and 51% of attorneys said that the numbers of Millennials requesting prenups has increased. Why is this the case? There are a number of possible reasons:

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 Posted on July 09, 2019 in Divorce

Choosing to divorce is not a decision many people take lightly, especially if a couple has children. One of the primary concerns for divorcing parents is the ability to meet their children’s needs, and in many cases, one parent will pay child support to the other following the divorce. However, determining the correct amount of child support can often be a complex matter, and the methods of calculating child support differ from state to state. 

One recent study examined child support calculations in different states by considering a hypothetical couple: a father who makes $55,000 a year and a mother who makes $45,000 a year with two children who would primarily live with the mother following the couple’s divorce. This example case was used to determine how child support would be calculated for this couple throughout the country.

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 Posted on July 08, 2019 in Divorce

Maintaining a healthy work-life balance can be difficult. Sometimes, a career can take up so much of a person’s like that there is no room for a healthy relationship. If a partner feels like they come in second to their spouse’s career, the likelihood that their marriage will end in divorce increases. A recent study which looked at divorce rates in different careers may shed some light on why people with certain types of jobs may be more likely to get divorced. If you or spouse are in a career with a high divorce rate, this does not necessarily mean that your marriage is doomed, but if either of you has not made an extra effort to carve out time for each other, this can be an indication that your relationship may be in trouble.

Workplaces With Temptations

Studies have found that a couple may be more likely to divorce if one spouse is in a workplace with attractive co-workers. Career choices on this list include bartenders, personal trainers, or dancers and choreographers. In these occupations, people are encouraged to wear attractive and tight-fitting clothing. According to a study published in the Journal of Police and Criminal Psychology with data from the 2000 Census, dancers and choreographers have a divorce rate of 43.1%, and bartenders have a divorce rate of 38.4%. Temptation in the workplace may lead to infidelity, which is a common cause of divorce. In fact, recent evidence shows that when people commit adultery, they are more likely to do so with a co-worker. 

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