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 06, 2016 in Divorce

Society tends to think of divorce as a "younger" generation issue - one that plagues couples who jumped in too fast, failed to discuss the important details, or were unable to weather life's storms together. Yet, this is not the case. In fact, statistics indicate that the rate of divorce for couples over the age of 50 has more than doubled over the last two decades. Does this mean they are too late for divorce? Is it possible that they have found some sort of secret fountain of youth? Or are these couples simply embracing retirement by making a fresh, new start?

Driving Forces Behind Later-Life Divorce

While the reasons behind later-life divorces are often multifaceted and as unique as each individual couple, experts believe the biggest driving forces are longer lives, better health, and more financial independence among women. People are living well into their 80s and 90s, and often with fewer years of disability. This generation of retirees (the "Baby Boomers") are also the first generation with a strong female workforce. In fact, many of them have been working since they were young and may even have retirement accounts of their own. Because of this, they are in a better position to financially support themselves after a divorce.

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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;

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 Posted on September 26, 2016 in Divorce

The decision to divorce is not one easily made. In fact, studies suggest that couples may spend a long time trying to repair their marriage, and that they may think of divorce long before they decide whether or not they should file. Some never do, possibly because they found their troubles to be situational, or they were able to work through what seemed to be irreconcilable differences. Others do finally call it quits. How do you determine if you are in the latter group? The following information may give you some insight as to whether or not your marriage could be on the path to divorce.

You Notice More Negative Than Positive

One of the first signs that a relationship is headed for divorce is an increase in negative interactions, such as nagging, hurtful sarcasm, complaining, and criticism. At first, the effect might seem subtle (as few as 1.2 negative interactions to one positive can be a predictor to divorce), but the erosive nature of negativity can, over time, increase its frequency. So, if negative interactions dominate your relationship, your marriage could be in serious trouble and, in some cases, may be beyond repair.

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 Posted on September 21, 2016 in Mediation

Mediation and other Alternative Dispute Resolutions (ADRs) have made divorce more affordable and less stressful for many families, which is probably why so many couples use them. However, there is an underlying issue with divorce mediation, and it is one that few rarely consider: though mediation can and does work for some divorces, it is not be the right option for everyone. The following information can help you decide whether you should mediate your divorce, or if litigation is the right path for you.

Mediation versus Litigation

Mediation can reduce the level of contention during a divorce, which can have some serious benefits for those with children. Parents, who are encouraged to compromise and consider the best interests of their child above all else, are less apt to fight about custody. That can make for less stressed parents and an easier adjustment for children. Mediation is also often a faster, less expensive method to divorce, which is helpful for those who have a simplified divorce, similar net values, or are willing to split assets fairly because each party still genuinely still cares about the other.

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 Posted on September 19, 2016 in Divorce

Social media has become an integral part of most people's life. They share what they had for dinner, recent photos of their pets, exciting news of a pregnancy or job promotion, and even the loss of a loved one. There is such a thing as oversharing, though, especially when it comes to those who are pursuing a divorce. In fact, anything and everything you post, from now until the divorce has been finalized, could be used against you in court. The following information can help you understand what information might make its way into court, and how you can best protect yourself during the divorce process.

Most Forms of Digital Communication Admissible in Court

The first thing you need to know about your digital content is that most of it - from text messages to Facebook posts to emails - is admissible and able to be used against you. In other words, you will need to safeguard your phone and change all of your passwords. Most of all, be sure to keep your content free of any incriminating evidence that could be used against you or somehow misconstrued to portray you in a negative light during your divorce.

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 Posted on September 14, 2016 in Family Law

Years ago, fathers struggled to receive any form of parental rights. Today, things are different. True, there is still much work to be done, but science and the law have both started to acknowledge the key role that fathers play in the development of their children. No longer considered just the "breadwinner," they are being given more access to their children. This is especially true in Illinois, where recent changes to family law have somewhat balanced the scales.

Studies Highlight Importance of Fathers

In the past few years, researchers have really focused on the impact that fathers have on the lives of their children. Some studies have shown that fathers have more of an influence on language development than mothers. Others have found that children perform better in school when they have caring, present, and attentive dads. There have even been studies that point out the importance of fathers on a child's social and cognitive development. Overall, children interact better with their peers, get into less trouble at home, are more emotionally secure, more confident, and less likely to experience depression when they have healthy relationships with a loving and supportive father.

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 Posted on September 12, 2016 in Child Custody

Although divorce is, at its core, the ending of an adult relationship, it is not just the parents who are affected. In fact, children often experience stress, grief, and even anger during the process. This is understandable, considering their lives are also being turned upside down. Paired with their inability to fully comprehend the reason behind the divorce, they can be at great risk for long-term problems. Thankfully, parents who are intentional, mindful, and empathetic to their child's struggles can minimize the risk of lasting troubles. The following information can help you take this approach in your divorce.

Ripping the Band-Aid Off

Parents often think that, if they stay together for the children, things will be easier. Though they live with the regret of staying in an unhappy marriage, it somehow seems worth it if their children turn out okay. Unfortunately, what a lot of parents do not know is that staying together for the children is rarely a good thing. This is especially true when there is a lot of conflict in the marriage. In fact, studies have indicated that it is stress in a household - not an actual divorce - that negatively affects children. So, despite your reservations, despite any worries you may have, it is often best to simply move forward. You should also move forward with intention, and without delay. The longer you stay, the more damaging the effect on your children may be.

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