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What is the Difference Between Divorce and Legal Separation?
When a marriage in Illinois seems to be ending, couples can face a difficult decision: should they get a divorce or a legal separation? Both options are ways to end the relationship, but there are several key differences. To understand these differences and how they affect finances, property, custody arrangements, and more, speak with an experienced and knowledgeable DuPage County, IL family law attorney.
What Happens in a Divorce?
divorce is the legal process a couple goes through to end their marriage. The court legally dissolves the marriage and the couple is no longer legally married. Part of the process involves the division of marital property, determinations about spousal support (alimony), and decisions about child custody and child support issues. Once a divorce is finalized, both former spouses are free to marry again.
What Happens in a Legal Separation?
Legal separation does not end the marriage. A legally separated couple is still married, but the spouses live apart. Legal separation is similar to divorce because the court can order the division of property, child custody arrangements, and spousal support. However, the couple is still legally married. The spouses cannot remarry unless they go through a divorce first.
What Happens with Frozen Embryos in an Illinois Divorce?
Divorce can be complicated even when it is a straightforward case, but it can become even more challenging to navigate when frozen embryos are involved. Couples going through a divorce who have undergone fertility treatments have the added stress of deciding what will happen to their embryos. Are they treated as children? Might they be considered property?
Illinois law offers some guidelines, but each case is unique, and respective outcomes can depend on specific circumstances. If you are considering divorce and confused about what might happen to your frozen embryos, speak with a skilled Arlington Heights, IL family law attorney for guidance.
What Are Frozen Embryos?
Couples facing fertility issues have the option of undergoing in-vitro fertilization (IVF). During this process, they can fertilize eggs and then freeze the resulting embryos for the future when they want to have children. If the couple does not use the frozen embryos, they can be donated for research or discarded.
What is the Step-Up in Basis Rule in Illinois?
When someone passes away, anything they own can be passed down to heirs of their choosing. Their real estate, stocks, or other investments can all be included as part of an inheritance. While it is wonderful to leave assets behind for others, beneficiaries are sometimes left with a significant tax burden as a result.
The "step-up in basis" rule aims to help heirs so that they are not punished for being left with assets and property when a loved one passes away. It can make a big difference in estate planning, especially when families own homes, farms, or other valuable assets. To learn more about how the step-up in basis rule might apply to your situation, speak with a qualified Lombard, IL estate planning attorney.
What is "Basis" in Estate Planning?
To understand the step-up in basis rule, you first need to know what "basis" means. The basis is the original cost of a property or asset, including any improvements that have been made since it was purchased. For example, if you bought a house for $100,000 and later spent $50,000 on renovations, your basis in that house is $150,000. If you sell the house, you will owe taxes on the profit above the basis. If the house later sells for $300,000, the profit – or "capital gain" – is calculated based on the value you put into the house ($100,000 to buy it + $50,000 to renovate it = $150,000). The capital gain would be $150,000, and that is the amount subject to taxes.
Preparing for Your First Meeting with an Illinois Divorce Lawyer
So you finally made the decision to get a divorce. While that is certainly a big deal on its own, it also means that you need to begin thinking about the practical side of actually making it happen. Meeting a divorce lawyer for the first time can feel overwhelming, but with the right preparation, you can make the most of your appointment. A good lawyer will help you understand your options and guide you through the divorce process. For more tailored advice, speak with an experienced Illinois divorce lawyer.
What to Prepare Before Meeting with a Divorce Lawyer
This meeting is an important opportunity to let someone with legal knowledge and experience review the specifics of your case and build a plan to protect your rights and interests. The lawyer will want to go over your finances and goals, and if you do not come prepared, it might feel like a waste of time. Before your first meeting, it is best to prepare the following:
The Impact of Employment Status on Alimony Payments in Illinois
Alimony, which is officially known in Illinois as spousal support or spousal maintenance, is a payment that one spouse makes to the other after they separate or get a divorce. These payments are meant to ensure that the lower-earning or non-earning spouse can maintain a standard of living similar to what they had during the marriage.
Spousal maintenance is not automatically awarded and so it is not a given aspect of all divorces. Even if it is granted, the amount of money one spouse pays the other is determined by several factors, including each of the spouses’ employment status. A knowledgeable Illinois family law attorney can review your financial information and explain how you and your spouse’s employment can impact your alimony arrangements.
Employment Status of Receiving Spouse
A spouse who is unemployed or earns significantly less than the other spouse is more likely to receive spousal maintenance. This is because the court recognizes the challenges someone can face when forced into financial independence right after a divorce, especially if they sacrificed their career to support the family or care for children during the marriage. In such cases, spousal maintenance provides temporary financial assistance while the receiving spouse works toward becoming self-sufficient, for example, by finding a job or completing additional education or training.
Tax Considerations for Estate Planning in Illinois
Seniors wanting to ensure their loved ones are cared for and their assets are distributed according to their wishes should look into estate planning. While leaving clear instructions for how you want things addressed once you pass can give you a great deal of peace of mind, estate planning can have unexpected tax implications.
For example, certain strategies such as gifting or creating trusts can inadvertently trigger gift taxes or higher estate taxes. Failure to account for Illinois estate tax laws can also reduce the amount passed on to heirs. To learn more about how taxes could impact what you leave behind and those you leave it for, speak with a knowledgeable Lombard, IL estate planning lawyer.
How Do Federal Estate Taxes Work?
Estates that exceed a certain value are subject to federal estate taxes. As of 2024, that limit is $12.92 million per individual, something most people will not have to worry about. For those whose estate is worth more than that amount, anything exceeding that limit could be taxed at up to 40 percent, significantly reducing the amount that would be left.
Why Being Assigned a GAL Is Not Necessarily Cause for Panic
Sometimes, when parents are involved in a contentious Illinois custody dispute, the court will appoint a Guardian ad Litem (GAL) to help determine what is in the child’s best interest. Unfortunately, the role of a GAL is often misunderstood, causing worry and anxiety among parents who think it could be bad for their case.
The truth is that having a GAL involved does not mean that you are losing your case or will end up with an unfavorable outcome. In fact, a GAL can be a helpful part of the legal process, especially when the parents understand what it means and can approach this development with the right mindset. To learn more about the implications of having a GAL appointed to your case, speak with an experienced Lombard, IL custody lawyer.
What Does a Guardian ad Litem Do?
A Guardian ad Litem (GAL) is a court-appointed professional whose job is to represent a child’s best interests during a custody dispute. The GAL does not choose sides with either parent but makes the child’s well-being the primary focus. A GAL can be an attorney, social worker, or psychologist, depending on the case. He or she works by gathering information, speaking with the child, and observing family dynamics. Ultimately, the GAL makes recommendations to the court regarding custody, visitation, and other matters.
Navigating Divorce as an Illinois Business Owner
Divorce tends to be a challenging process for people to go through, whether logistically, financially, or emotionally. If you own a business in Illinois, it can be even more complicated. Your business might be one of your most valuable assets, so it is important to understand how it will be addressed in your divorce and whether it will be considered separate or marital property. If you are a business owner considering ending your marriage, consult with a qualified Arlington Heights, IL divorce lawyer to review your options.
Is Your Business Marital or Nonmarital Property?
An important step that is necessary before you can proceed is determining whether the business you own is considered marital property or separate property.
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Marital property includes assets and debts acquired during the marriage. If you started or grew your business during your marriage, there is a good likelihood that a judge would consider it marital property, even if you are the only person listed as the owner and your spouse is not involved.
I Was Falsely Accused of Parental Alienation. Now What?
Being falsely accused of committing parental alienation following a divorce can be extremely distressing. Parental alienation happens when one parent deliberately tries to damage a child’s relationship with the other parent. A parent can be left powerless to maintain a healthy relationship with his or her child if the other parent manipulates and undermines it.
Illinois courts take this seriously, and allegations can have severe consequences for the accused parent as well as the child. If you are falsely accused of parental alienation, speak with a skilled Lombard, IL family law attorney to understand how the legal system handles these claims and what steps you can take to protect your rights.
What is Parental Alienation?
The term "parental alienation" describes a situation where one parent deliberately tries to influence or manipulate the child to reject or alienate the other parent. This can be done through:
Is Uncontested Divorce Possible for High-Asset Couples?
Divorce is never easy, but it can become even more complicated when significant assets are involved. For people with substantial investments, real estate, financial holdings, or other assets, the divorce process can be lengthy and difficult. However, if both spouses agree about the major issues without needing a trial, couples can have an uncontested divorce. Speak with an experienced Arlington Heights, IL divorce lawyer to understand whether uncontested divorce is an option for you.
What is an Uncontested Divorce?
When both spouses can agree on all the important aspects of the divorce that need to be resolved in the settlement, they can have an uncontested divorce. Uncontested divorce is typically faster, less expensive, and less stressful than contested divorces. The couple needs to draft a divorce agreement that is acceptable to both of them and addresses everything, including:
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