Posted on July 22, 2022 in Divorce

Although it may not seem romantic, marriage is a financial partnership. This is never more clear than during divorce, when a couple who has combined their incomes and assets for years now has to split them up. The end of a marriage has major financial implications for both partners and it is natural to have many questions about what happens to your money in a divorce. One of the most common questions Illinois divorce attorneys get is whether a spouse who has made more money will get to keep more of the marital estate. In community property states, assets are divided 50/50; however, Illinois does things a little differently.

How is Property Divided in an Illinois Divorce?

Illinois is a so-called “equitable division” divorce state, meaning that courts are more focused on determining whether an asset settlement is fair rather than exactly equal. Courts encourage couples to create asset settlements on their own, using the help of a mediator if necessary.

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 Posted on July 19, 2022 in Divorce

Many people avoid beginning the Illinois divorce process because they have such a contentious relationship with their spouse and they only anticipate things will get worse during the divorce. Unfortunately, bitter relationships rarely end with amicable divorces, and many spouses’ worst fears are confirmed once the divorce begins.

However, a great divorce attorney can help you get a fair divorce decree, even if your spouse is determined to hide marital assets, fight your claims for spousal maintenance, or argue over who should have custody of the kids. Here are three tips for preparing for a high-conflict divorce; read through them and then contact a divorce attorney with experience advocating for clients during contentious divorces.

Know Your Finances

Abusive or domineering spouses are often dishonest or sneaky when it comes to finances. Your spouse may be hiding money from you, whether by stashing it away in a savings account or by lying about how much money they make. Your spouse may also be dishonest about the ownership or value of certain assets, especially ones that are easier to hide. Before you begin the divorce process and alert your spouse to the fact that your marital possessions will be under scrutiny, collect as much information as you can about your finances.

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 Posted on July 18, 2022 in Asset Division

The purchase of a first home is a major milestone in many couples’ marriages. Unfortunately, the division of the marital home later in divorce is often a difficult issue to resolve, especially when only one spouse has their name on the title or purchased the home before the marriage. If you are thinking about getting divorced and are wondering whether you have any claim to the home you lived in during your marriage, make sure you have a skilled Illinois divorce attorney on your side.

Homes Can Be Personal Property, Marital Property, or Both

Before assets can be divided in a divorce, they need to be categorized as either personal or marital property. For smaller assets like a car or a piece of jewelry, determining the category is usually fairly straightforward. For a home, however, the process can be a little more difficult.

For example, if you waited until after you were married to buy a house but only one spouse had good enough credit to purchase the home, the home may appear to be owned exclusively by that spouse. But marital property is not necessarily determined by whose name is on the title of the home; rather, if an item was bought after a marriage using both spouses’ incomes, the item is considered marital property no matter who is listed as the owner.

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 Posted on July 11, 2022 in Family Law

Someone contacting you to inform you that you are the father of an unplanned or unwanted pregnancy can be a shocking experience. While some men are excited to learn they are going to be a father, others are understandably upset to learn that someone is trying to hold them responsible for a child they do not want or do not believe is theirs. Being a father is a tremendous responsibility, both in terms of its ethical and legal implications. If you are being asked for child support and are skeptical of the claims about the child’s paternity, contact an experienced family law attorney who can help.

How is Paternity Established in Illinois?

Establishing paternity for a married couple’s child is simple: the husband is presumed to be the father. But if you are married and you suspect your wife may have conceived your child with another man, you can overcome the presumption that you are the father by requesting genetic testing that shows otherwise. Generally speaking, if there is any question about whether a man is a child’s father, genetic testing can be requested by either the mother or the presumed father or ordered by a court.

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 Posted on June 30, 2022 in Estate Planning

As people live longer and longer lives, the chances that you could one day experience age-related incapacity increase. Even if it is only for a short time in your very advanced age, most people will at some point lose the ability to think clearly and make decisions on their own behalf. While no one wants to go through an illness that affects the mind, like dementia, the reality is that many of us will. Planning for incapacity is a wise choice; the younger and healthier you are when you do it, the stronger your plan may be. The entire process of getting the documents you need to prepare for such an event does not take long, although you should think carefully about your choices. You have quite a bit to gain and nothing to lose by doing this important type of planning.

Reasons You Need an Incapacity Plan

You may have already seen an elderly family member go through age-related incapacity. For many people, watching a loved one struggle with age-related incapacity is what prompts them to make a plan of their own. Advantages of having this type of plan in place include:

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 Posted on June 29, 2022 in Spousal Support

Although alimony is less common in Illinois divorces than it used to be, it is still frequently ordered or negotiated between a divorcing couple. Technically known as "spousal maintenance," alimony is intended to allow a spouse to recover from the financial consequences of separation from their partner, especially if the marriage lasted a long time and the spouse receiving alimony sacrificed all or part of their career potential to raise a family. If you are seeking an Illinois divorce and are wondering how long alimony lasts, read on and then contact a DuPage County family law attorney who can help.

Types of Alimony in Illinois Divorces

There are four basic types of spousal maintenance allowed in an Illinois divorce, and the type of alimony will have a significant influence on how long alimony payments last. The four different types of alimony are:

• Temporary alimony - Interim or temporary alimony is ordered during divorce proceedings and may be used to pay for a spouse’s attorney fees and/or the cost of a spouse’s living needs until the divorce is finalized. Temporary alimony is intended to allow spouses to leave marriages they would otherwise be trapped in for lack of funds.

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 Posted on June 27, 2022 in Divorce

Even in the most amicable divorces, the divorce process is not easy and it is normal to feel overwhelmed with emotions when the divorce is over. You may feel grief and relief at the same time, as well as periods when you vacillate between self-doubt and confidence that you made the right decision. Feeling and expressing these feelings is normal and healthy, but sometimes people get stuck in their grief and cannot process it in a healthy way. If you have recently gotten divorced or are considering divorce in Illinois, here are some tips to help you recover from the grieving period.

What is Divorce Grief?

People are often ashamed to admit how much grief they feel after a divorce, especially if they initiated the divorce proceedings. But divorce is a tremendous loss in many ways - your identity, your relationship with your children, your community, and even your friends may be lost or dramatically changed. And, of course, your spouse is no longer part of the picture, making the future uncertain. Grief is a natural process that allows us to work through our feelings of loss and move forward into the next stage of our lives, ideally with some room in our hearts for new experiences.

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 Posted on June 22, 2022 in Asset Division

Because many Illinois couples today get married well after they complete their education and begin building their net worth, many marriages begin when one or both spouses already own property. When one spouse outright owns or has a mortgage on a house and the other spouse moves in, the process of dividing the value of the house in a divorce can be complex and contentious.

The spouse who owns the house will generally argue that, since he or she owned the home prior to the marriage, it is his or her individual property. The spouse who lived in the home, often for many years or even decades, will argue that without his or her financial assistance or help around the house, the home - and the spouse who owns it - would not have the property value or equity ownership it has today. For a brief overview of how individually owned property may be handled in a divorce, read this blog and then get your specific questions answered by an experienced Illinois asset division attorney.

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 Posted on June 22, 2022 in Estate Planning

As a parent, you probably do not even want to think about what would happen if you were to pass away before they become adults. It can be a very upsetting idea. However, addressing the possibility head-on by making an estate plan that includes your children is the best way to set your mind at ease. People are waiting longer to have or adopt children, and it is fairly common for men to have children later in life. While all parents of minor children should have an estate plan aimed at providing for the children, it is particularly important for older parents. By creating a comprehensive estate plan, you can help ensure that if the worst were to happen, your children would be provided for. When protecting minor children in your estate plan is your main goal, it is important to work with an attorney so that you can be confident in your plan.

Tips for Protecting Your Children in an Estate Plan

Since you cannot leave everything directly to your minor children, there will be some strategizing involved in your estate planning. Some tips and things to consider include:

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 Posted on June 21, 2022 in Divorce

When Bill and Melinda Gates announced their intention to divorce, many people who hardly knew a thing about the couple besides their tremendous technological and philanthropic achievements were stunned. Despite the well-known statistics, people simply do not expect couples who are married for so long to get divorced. But many couples do divorce after spending two, three, and even four decades together. Experts say that changing social norms around why people stay in marriages and what reasons are acceptable for getting divorced have contributed to higher rates of divorce later in life. Here are five of the most common reasons couples get divorced after long-term marriages in Illinois.

Money

Many couples fight constantly about money. Because behaviors around money usually have more to do with innate character traits, conflicts around money are not easily resolved and tend to continue over time. When a couple has been married for decades, retires, and has the financial stability to separate from their partner, they may find that disagreements over money are simply too stressful to overcome any longer.

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