Posted on November 26, 2024 in Division of Property

Divorce often brings financial challenges and credit card debt can add another layer to the complicated issues a couple needs to resolve. Many couples frequently find themselves asking how this type of debt will be divided during their divorce. Illinois law provides clear guidelines, but the process can still be complicated. An experienced Illinois family law attorney can help you decide how to manage marital debt in divorce and work toward a fair resolution.

Understanding Marital vs Non-Marital Debt in Illinois

One of the first questions most people have when confronting the issue of dividing credit card debt is whether they will have to pay for it. Whether both spouses are responsible for credit card debt that only one spouse spent depends on whether that debt is considered marital or non-marital. 

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 Posted on November 22, 2024 in Division of Property

Perhaps you and your spouse have not been getting along for years. You may have contemplated divorce, and even discussed it, but neither of you took the initiative. Now, your spouse appears to be spending large amounts of money somewhere, and you are worried.

Financial trouble is a very common reason for divorce, and a spouse who has simply always had a bad spending habit may leave both spouses in serious debt without any solution for the spouse who was more responsible with money. However, in certain situations, one spouse’s spending may qualify as something called "asset dissipation." The word dissipation essentially means "waste," and in the context of divorce, the Supreme Court has defined dissipation as using marital property (usually money) for the sole benefit of one spouse, for things unrelated to the marriage, while the marriage is permanently breaking down.

If a spouse has been dissipating assets, it may be possible to recover the wasted money during the divorce process – but only if the behavior is of a certain kind, and only if action is taken within a certain time frame.

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 Posted on November 14, 2024 in Divorce

People in the United States typically have very romantic feelings for their partner when they decide to get married. While this can be thrilling in the beginning of a relationship, over time most couples find those initial feelings change. Once someone no longer feels "in love" with their partner, there may be serious questions about what comes next, including whether divorce is an inevitable outcome.

If you are questioning your marriage and unsure of what you want to do, speaking with an Illinois divorce attorney to get a sense of what your options are – and what the outcome of those options may be – is always a good idea.

Is Falling Out of Love the End of a Marriage? 

Many couples are surprised and saddened when they realize that the strong feelings of attraction and love they felt at the beginning of their relationship have faded. However, according to marriage experts, this is actually quite normal.

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 Posted on November 07, 2024 in Divorce

Choosing to separate from your spouse is a difficult and personal decision. Once you decide to get divorced, taking time to consider how best to approach the separation and divorce proceedings can make a big difference. One important aspect often overlooked is the need to protect your privacy — not only from your spouse but also from outside parties who may have an interest in your situation.

Safeguarding your privacy can prevent misuse of personal data in court, protect financial accounts, reduce the risk of fraud, and keep your communications confidential. Privacy is especially important in high-net-worth divorces and even more so when children are involved. Working with a top-notch Illinois divorce attorney who understands the importance of privacy can help ensure you and your children are protected throughout this challenging time.

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 Posted on October 31, 2024 in Legal Separation

In Illinois, when married couples decide they want to live apart, they have two main choices: legal separation and divorce. These options might sound like the same thing, but they are not. Knowing the differences can help you decide what is best for you and your family.

To pursue a legal separation or divorce, you will want to talk to an Illinois family lawyer to understand all the particulars, since each choice has its own rules and effects. Here is a simple guide to show the ways legal separation and divorce differ.

Understanding What Each Term Means

Legal separation occurs when a couple decides to live apart but still stays married in the eyes of the law, and allows them to live separately without ending their marriage altogether. Some couples choose legal separation because they have a desire to stay married for personal reasons. Other couples may choose legal separation for financial reasons, like staying on a spouse’s health insurance plan. With legal separation, couples still have time to work on their marriage if they want to.

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 Posted on October 22, 2024 in Divorce Decree Modification

When a couple gets divorced, they sign a divorce decree that is approved by a Court. Sometimes, these decrees need to be enforced. This is called post-decree enforcement and involves making sure both spouses in a divorce do what they agreed to.

In Illinois divorces, if one person does not follow the divorce decree, the person looking to enforce the decree can get help through the Court by hiring a lawyer. Here are just a few situations when post-decree enforcement may be necessary.

Not Notifying the Other Parent About Important Issues 

One important part of any parenting plan is to keep the other parent informed about child-related issues. This can include things like health problems, school events, or emergencies. If a parent forgets to tell the other parent about these important issues, it could become a legal problem.

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 Posted on October 18, 2024 in Child Custody

When a parent wants to move out of Illinois with his or her child, this process usually requires approval from the other parent or the Court. If the other parent rejects the request, the next thing to do is understand the reasons and next steps. Contact a lawyer if your relocation request has been rejected, as you may have options moving forward. Here is what you need to know about Illinois parental relocation laws.

Proving the Move is in the Child’s Best Interest

If your child’s other parent has rejected your request to relocate, a parent will need to take the case to Court to try to get approval from a judge. A judge will only approve a relocation – especially if that relocation is far away from where the child and her other other parent currently live – if the move can be shown to be in the best interest of the child. 

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 Posted on October 08, 2024 in Divorce

Divorcing a spouse who is dishonest is emotionally draining. Dishonesty can come in many forms, including lying about or hiding assets, cheating during the marriage, or hiding other important information relevant to the divorce. When facing this kind of situation, you may be facing extra challenges to getting a fair divorce decree, and you need to do everything in your power to make sure a fair resolution to the divorce can be pursued. The best way to do this is by hiring an experienced attorney. Here are some strategies to consider when divorcing a dishonest spouse.

Collect Important Evidence

Gathering solid evidence will be key to supporting the claims you make in your Illinois divorce. You should focus on:

• Financial records — Bank statements, tax returns, and investment accounts can reveal hidden assets or inconsistencies in your spouse's claims.

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 Posted on September 30, 2024 in Child Custody

Throughout the divorce process, parents and their attorneys prioritize making the transition as smooth as possible for their children. One critical factor that often comes into play in child custody discussions is the standard of living the children were accustomed to before the divorce.

Understanding how this standard can impact decisions equips parents to advocate effectively for their children's best interests. In Illinois, where custody is known as parental responsibilities and parenting time, preserving a child's pre-divorce lifestyle can play a major role in these negotiations.

What is the Standard of Living?

The term "standard of living" refers to the economic and social conditions a family enjoys, including the quality of housing, access to educational opportunities, participation in extracurricular activities, and overall lifestyle. In Illinois, Courts aim to ensure children maintain as much consistency in their lives as possible after a divorce.

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 Posted on September 20, 2024 in Divorce

When faced with the possibility of divorce, you naturally want clarity about your spouse’s intentions. Understanding the signs that may indicate your spouse is serious about wanting a divorce is crucial, especially if you are considering hiring legal counsel in preparation for a divorce. A lawyer is trained to guide you through the legal complexities of a potential divorce. Here, we will explore three key signs that may signal your spouse’s seriousness about ending the marriage. If any of these signs are relevant to your marriage, you may want to consult with an attorney.

Keep an Eye Out for Emotional Detachment

One of the most telling signs that a spouse may be considering divorce is emotional detachment. If your partner has become distant, uninterested in sharing feelings, or less engaged in daily life, these signs could suggest a significant shift in their commitment to the relationship.

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