Posted on February 16, 2023 in Divorce

 Divorce can be challenging for anyone, but for professionals such as doctors and lawyers, there may be additional concerns about protecting their rights and financial interests. For example, in the case of doctors, their high-earning potential and busy work schedule can complicate property division and spousal support. The division of assets may include complex investments, partnerships, or medical practices, which can be challenging to value and divide. Additionally, professionals may struggle to balance the demands of their work with the emotional toll of divorce proceedings.  

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 Posted on February 14, 2023 in Divorce

Depositions are a discovery tool used in some Illinois divorce cases to gather information and evidence before a trial. A deposition is considered out-of-court testimony where one party can ask another party or witness questions under oath and before a court reporter. The answers are recorded and, in limited circumstances, may be used in court if necessary. Depositions are a valuable tool for both sides of the case, as they allow parties to understand the other side’s case better and provide information that would have otherwise been difficult to obtain. 

Generally, depositions are used when one party cannot obtain information from the other party through other means. Today, we will discuss what is most important to know regarding divorce depositions in Illinois. If you are getting a divorce, consider contacting an experienced attorney who will fight to protect your rights as you proceed through the process.

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 Posted on February 09, 2023 in Child Custody

In divorce cases involving children, a child custody evaluator may play a critical role in determining the best interests of children involved in custody disputes. They are typically court-appointed professionals with specialized training and experience in child psychology, family dynamics, and relevant laws. A child custody evaluator's main objective is to provide a recommendation to the court regarding what parenting arrangement will serve the child's best interests. 

Child custody can be an extremely contentious issue. If you are getting a divorce and are going through a complex or combative child custody dispute, working with an attorney who has dealt with child custody evaluators can make a positive difference in easing your stress and can provide you with guidance as you work through this important process. 

What Does the Child Evaluator Do?

The evaluator starts the process by conducting a thorough assessment of the family, including interviews with the parents, children, and other relevant individuals such as extended family members, teachers, and therapists. They will also review relevant documentation such as school and medical records and may observe parenting interactions to gain insight into each parent's relationship with the child. 

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 Posted on February 07, 2023 in Divorce

In recent years, electronic payments and cryptocurrency have become increasingly popular, changing how individuals manage their finances. As these new forms of payment and investments have become more widespread, it is important to understand how they can impact an Illinois divorce. 

The division of marital property by an Illinois court is determined by the “equitable distribution” doctrine. Equitable distribution is not necessarily an equal split but rather a fair and reasonable division in the court's eyes. Any assets that were purchased or otherwise obtained during the marriage are part of the marital estate, save for certain exceptions. All assets considered marital property must be divided between the divorcing spouses. This includes traditional assets such as bank accounts, real estate, and investments, but it also includes electronic payments and cryptocurrency. 

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 Posted on February 02, 2023 in Divorce

In Illinois divorce cases that involve children, few issues are more pressing and consequential than the allocation of parental responsibilities. Illinois courts generally assume that it is in the best interests of the children for both parents to stay involved in their children's lives. However, this is a rebuttable presumption. 

Parents must construct a written parenting plan that sets forth the responsibilities to be undertaken by each spouse regarding their children after the divorce is finalized. However, life has a funny way of throwing us curveballs when we least expect it. Combining that with children growing older and situations changing, it may become necessary to modify the parenting plan you created with your spouse during your divorce. 

This blog will look at situations that may signify it is time to modify your parenting plan to reflect your children's needs best. If you are interested in changing your parenting plan, do not hesitate to contact a knowledgeable divorce attorney who is well-versed in issues relating to children of divorced parents and the modification of parenting plans. 

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 Posted on January 26, 2023 in Child Custody

A major concern within divorce cases that involve families with children is that divorce is widely known to have a significant impact on children, an impact that is rarely a positive one. As a result, issues related to child custody are navigated with the utmost seriousness, as many decisions made regarding child custody will, in all likelihood, play a major role in the development of the children involved. Many questions need to be answered when deciding which parent a child will live with once the divorce has been finalized. 

In Illinois, a court will determine the child's "best interests." Many factors go into making this decision, like the wishes of the parents, the needs and desires of the child, the physical and mental health of all the parties involved, and more. However, it is critical to state that just because a judge may listen to the wishes of the child does not mean the judge is obligated to fulfill the child's preferences. In this blog, we will look at how a child's wishes may or may not influence parenting time allocation and parental responsibilities in divorce and child custody cases. 

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 Posted on January 25, 2023 in Divorce

Regardless of whether you have recently started the divorce process or have completed the process before last year ended, you will need to think carefully as you prepare to file taxes. Notably, your filing options will depend mainly on factors such as the date of your divorce and terms of the divorce agreement. While getting a divorce is undoubtedly challenging, hiring a highly knowledgeable divorce attorney to help guide you through the process can make it as seamless as possible. 

What to Know About Married Filing Jointly

If you are still married at the end of the tax year, you may still choose to file jointly and receive the benefits, which may include a better standard deduction offered only to married couples. You may also choose to file as married filing separately. 

What to Know About Filing Single

If your divorce has been finalized as of December 31, you will be prohibited from filing married separately or jointly. If you do not have any children or dependents, you will be required to file single, although if you do have a qualifying child or dependent, you may be able to file as head of household. 

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 Posted on January 20, 2023 in Collaborative Law

When most people think of divorce, they think of high-drama courtroom proceedings, such as in critically acclaimed films about divorce, like Marriage Story and Kramer vs. Kramer. Perhaps Hollywood is to blame for the incorrect assumption that all divorces equal never-ending drama and heartache, with personal dealings spilling out in a courtroom for all to hear. However, you may be surprised that this is only sometimes the case. In fact, divorce does not need to be a dragged-out and expensive spectacle. 

A collaborative divorce is an option that has been gaining in popularity in recent years, and rightfully so. This blog will delve deeper into the various benefits of collaborative divorce and why collaborative divorce is often the preferred divorce method for so many people. If you want to get a divorce but want to save yourself the emotional turmoil that usually follows divorce and courtroom litigation, contact an experienced attorney who has dealt with collaborative divorces to help protect your rights and guide you through the process. 

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 Posted on January 17, 2023 in Child Custody

In the state of Illinois, matters related to child support are taken very seriously. Since child support directly affects the children of parents who have gone through a divorce, the courts in Illinois are often prepared to place a financial burden on non-custodial parents who have been ordered to pay child support but have failed to do so. In addition, while non-custodial parents may be held in contempt of court for refusing or failing to pay child support, cases involving failure to pay child support are often taken care of before contempt charges are filed. 

To help ensure child support payments are made, the wages of the non-custodial parent may be garnished. In cases involving wage garnishment, the employer of the non-custodial parent will be responsible for deducting a specified amount. In this blog, we will look at how exactly wage garnishment for child support works and what happens in cases where employers do not pay. If you are involved in a situation where your ex-spouse fails to make child support payments, contact a knowledgeable attorney familiar with wage garnishment when collecting child support payments. 

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 Posted on January 12, 2023 in Divorce

Deciding to get a divorce is often an extremely difficult and painful decision. This is especially true if you or your spouse are in the military. Suppose you or your spouse are an active duty service member. In that case, it is crucial to understand the considerations that will likely apply to your case as opposed to divorce cases where neither spouse is on active duty in the military. This blog will dive deeper into what you should know about seeking a divorce when a spouse is on active duty. If you ever find yourself in this position, it is essential to seek a knowledgeable divorce attorney who has worked with divorce cases involving active duty military members. 

What to Know About Statutes Protecting Military Members from Divorce Actions

It is important to know that there are laws that protect an active duty service member from being held in default for not responding to a divorce action. These types of laws exist to prevent active duty military members from getting divorced without their knowledge. Furthermore, the Soldiers and Sailors Civil Relief Act permits a court in Illinois to postpone any divorce proceedings for the entire duration of a military member's service and 60 additional days once their active service has ended. This helps prevent active duty military members from divorce while they are overseas or stationed in an area where it is difficult to respond. However, a military member can waive this right and thus have divorce proceedings begin while they are on active duty. 

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