Posted on November 15, 2016 in Divorce

Divorce, in and of itself, is an emotionally complex situation. When you add in the potential dismantling of a closely-held business, the stress, fear, and anxiety of divorce can become overwhelming. Unfortunately, this can lead to desperation, which can make a business owner more prone to following poor advice. Protect yourself, and your business, by learning some of the worst advice and information commonly given to divorcing Illinois business owners.

You Built the Business, So Your Spouse is Not Entitled

Often, business owners are told that, because they built the company themselves, the risk in divorce is nonexistent. While it is true that you can (and should) take measures to protect your company, the idea that it could somehow be excluded from the marital estate is, in most cases, completely false.

Spouses contribute to businesses in many ways - from providing start-up funds to staying home with children to give the business owner time to grow, expand and work. These are accounted for in divorce. Even more important to understand is that non-monetary contributions, such as giving up a career or staying home with the children, can be extremely difficult to value. Recognize the risk to your business; this can help ensure you take appropriate and preventative steps to protect it from excessive loss.

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 Posted on November 11, 2016 in Divorce

Estimates from the National Institute of Mental Health suggest that as many as 16.1 million American adults experience a depressive episode each year. Some of them may be divorcees, suffering from what is known as post-divorce depression. However, a recent study suggests that divorce, in and of itself, may not actually be a trigger for divorce. Instead, it may be certain people who are at an increased risk of depression after divorce. The following explains further, and provides some tips for those dealing with post-divorce depression, either before filing, or after.

Post-Divorce Depression More Common in Those with a History of Depression

In a survey of more than 7,000 Americans between the ages of 25 and 74, researchers found that the majority of divorcees bounce back fairly quickly from divorce. In fact, only about 10 percent of all divorcees who did not have a history of depression experienced serious post-divorce depression. This was compared to the 60 percent of Americans who experienced post-divorce depression and had a history of depressive episodes. Based on this, researchers believe it is those who have a history of depression who are most at risk when it comes to post-divorce depression.

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 Posted on October 27, 2016 in Divorce

All too often, divorcing couples believe that nearly anything is fair game in divorce. Quite the opposite is true, however. In fact, there are many types of communication and conversation that are protected by law. One prime example is the eavesdropping law that protects private conversations. The following information can help you better understand the difference between public communications in divorce and conversations that are considered private and protected under Illinois state law.

What is Considered a Private Conversation?

Private conversations are any conversations that another party expects to remain private. This applies, not just to verbal communications, but also written ones and ones sent through text or other forms of communication. This means your spouse's email may be considered private if they never explicitly gave you permission to use it. Further, a conversation held in their home, over a phone, would generally be considered a private conversation. In contrast, a loud phone conversation in public might not be considered private. The same might be said of a public Facebook post since it can be seen by others.

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 Posted on October 25, 2016 in Divorce

Being in the military does not make you immune to divorce. In fact, statistics from 2011 indicate that the overall rate of divorce among military personnel is at about 3.7 percent. What does it mean, though, to end your marriage while in active duty? How are things like your pension, child-related matters, and real estate affected? Will spousal support be a factor? All things are variable, depending on your circumstances, but the following information can provide you with some of the basics on divorce while in active duty.

How Property and Other Assets are Divided in Divorce

Illinois is considered an equitable distribution state. This means that any assets in your marriage - including military pensions, retirement accounts, and real estate property - are divided "fairly." What is fair, exactly? It depends on your situation.

A spouse that has given up a job or education to be a stay-at-home parent, or has moved to accommodate frequent restationing of a military spouse may be entitled to a larger settlement in divorce. Alternatively, an active duty spouse who has made contributions to further the career or education of their spouse (i.e. paying for their college tuition) may receive a higher settlement. A divorce attorney can analyze your situation and give you an idea of what you might be up against.

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 Posted on October 20, 2016 in Hidden Assets

For some couples, the path to divorce is fairly peaceable. They know their marriage is ending, may even remain friends, and simply want to move on with their lives. For others, the process is contentious. They may bicker over seemingly trivial issues because they feel hurt or betrayed. One or both parties may seem greedy, petty, or spiteful. Such divorces can become so ugly that things - assets, money, furniture, artwork, and other things of value - start to disappear. This is known as a dissipation of assets.

Are Your Marital Assets Being Wasted?

Spotting a dissipation of assets might seem like a simple, straightforward, and easy thing to do. After all, if there is money missing, then it would make sense that it is being wasted. However, this is not always the case. In fact, there are many ways to secretly or covertly drain assets. Examples might include going to strip clubs, which typically have bland names to "preserve privacy of their patrons," running up credit card debt, or withdrawing money directly from an account to prevent tracking. In all of these situations, and any other similar situations, it is critical that you contact an experienced attorney for assistance.

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 Posted on October 17, 2016 in Domestic Violence

Every state in America has different laws to prevent domestic violence. However, what all states have in common is that they come together to spread Domestic Violence Awareness during the month of October.

There are legal actions that someone can seek in the event that they are a victim of domestic violence. In the state of Illinois, the court has the right to grant a temporary restraining order against an alleged abuser. When (and if) after both sides attend a hearing and present their evidence, the restraining order can become more permanent.

By definition, orders of protection or restraining orders are used to provide a legal barrier between abusers and victims. In Illinois there are three different types of orders of protection: Emergency, Interim, and Plenary. Every legal situation can vary, depending on the severity of the abuse.

To show support for those who are victims to this crime:

• Wear purple. This is the color that represents Domestic Violence Awareness for the month of October;

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 Posted on October 13, 2016 in Divorce

Couples often receive financial assistance, support, or start-up from family members. Unfortunately, deciding how to account for that financial contribution can be rather complicated if a divorce does occur. There are some ways to work through it, however, and it all starts with determining whether the contribution was a gift or a loan. How do the courts do this, exactly? The following information explains.

Gift versus Loan in Divorce

In the state of Illinois, gifts are excluded from the marital property while loans that were paid back (or are currently being paid) with marital assets are considered a part of the marital estate. It is important to note, however, that a gift can become a part of the marital estate if it is improperly handled. For example, using a gift as a down payment on a marital home could turn a gift into marital property.

If the contribution was not co-mingled, courts use other means to determine if an item was a gift or a loan. Particularly, they will question whether or not the giver of the contribution had any expectations of receiving anything in return. Once the nature of the contribution has been established, the judge must then determine if the gift was meant for one party, or both spouses. This, too, can be difficult to determine. The judge may use testimony from the transferor, documentation, or other pertinent information to validate any claims.

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 Posted on October 11, 2016 in Divorce

Couples who enter marriage with (or expect to have) a great deal of income typically opt for a prenuptial agreement to protect their assets, should a divorce occur. This is not always the case, however. Some fail to take that extra step, possibly because they are turned off by the lack of romanticism in creating a prenuptial agreement. Still others may have simply been so caught up in the newness of their marriage that they honestly did not foresee divorce. Yet, divorce does happen. Does that mean the situation is hopeless, that you cannot protect your assets? Not necessarily.

You Can Still Protect Your Assets

While, yes, a prenuptial agreement is the favored way for protecting assets during divorce in marriages with a high value, it is not the only way. You may have to take some extra precautions, however. Further, you should never attempt to hide assets because this can actually result in legal trouble. Instead, talk to an experienced divorce lawyer and start your divorce planning as early as reasonably possible. This can help ensure you have legal options for protecting your assets, rather than illegal ones, and that you have a strategy in place.

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 Posted on October 04, 2016 in Divorce

With the ever-increasing cost of college tuition, more and more parents are giving their child a head-start by saving for their future education. Unfortunately, if those parents are married and then later divorce, there may be some concerns over what will happen to those funds. For example, if your spouse has difficulty managing money and then gets ownership of the account, the savings plan could be at risk. Alternatively, you may be concerned over what might happen if your spouse later remarries or has more children, if your child's savings would be used to pay for another's tuition.

All of these concerns, and many others, were probably the last thing on your mind when you set up the savings account. Yet, now that you are divorcing, they may plague you and leave you worrying about your child's educational future. Rest easier by learning some ways that you can protect your child's college savings account during your divorce, and how an experienced divorce lawyer can help.

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 Posted on September 28, 2016 in Alimony

While not all divorces include a provision of alimony, those who are eligible may struggle with deciding whether or not they should pursue it. These feelings can arise for any number of reasons, including uncertainty over how the process works. If you are in the process of divorce and feeling conflicted about your right to alimony, the following information may be able to help.

When May Alimony Be Included in a Divorce?

Because each situation is unique, it is difficult to ascertain whether or not you may be eligible for alimony without first examining your case. However, there are some factors that may indicate that you could be eligible for spousal support in your divorce. These are the same factors that a judge might use to decide if a maintenance award would be appropriate, which may include:

• Duration of the marriage;
• Standard of living established during the marriage;
• Age and health (mental and physical) of each party;
• Each party's income, assets, and property (both marital and non-marital);

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