Posted on November 03, 2022 in Divorce

It is well-documented that getting a divorce can be highly unpleasant for many reasons. When children are involved, the process can turn from spiteful to merciless in an instant. Disagreements between parents sometimes occur when determining parental responsibility arrangements during divorce proceedings. How can conflicts best be dealt with to protect the well-being of the children involved? Most parents want the absolute best for their children. Topics vital to the child's development, such as educational and healthcare decisions, are likely to have long-lasting ramifications for children. If you are getting divorced and wish to secure the most favorable arrangement for you and your children, consult with a knowledgeable attorney with experience in divorce cases involving parental responsibility allocation.

Allocation of Parental Responsibilities Through a Parenting Plan

For years, the term "child custody" was used in Illinois to describe parenting time and decision-making powers in divorce cases. Now, legally speaking, the correct wording is "parental responsibilities." Under Illinois law, parents who are getting divorced and have minor children are required to complete a comprehensive parenting plan that explicitly states the responsibilities of each parent moving forward. A parenting plan aims to ensure that children's lives and development are not adversely impacted by their parents getting divorced. Of course, with any divorce, the children are likely to be affected in one way or another. However, a parenting plan is there to help ensure that each parent understands his or her role in the child's upbringing, the parenting time schedule, and his or her parental rights. When it comes to drafting a parenting plan, specific components must be included. Some of the main components include:

Continue Reading ››

 Posted on October 28, 2022 in Divorce

Divorce can be a long process that requires extensive paperwork, planning, and processing. Many people are surprised by how much documentation they have to gather once the divorce process begins, as well as by how much of their own information they do not know. If you are hoping for a swift divorce, one of the smartest things you can do is begin preparing now. For answers to your questions about how to get started, contact an Illinois divorce attorney right away.

Collect Financial Documents

To answer important questions in divorce, such as how much child support payments will be and whether spousal support will be paid, each spouse needs to collect extensive financial documentation. You will need pay stubs, W2s, tax records, bank statements, credit card statements, and more. The sooner you can begin gathering these things, the sooner you will be able to present them to your attorney.

Check Your Credit Score

Continue Reading ››

 Posted on October 25, 2022 in Hidden Assets

Illinois requires divorcing couples to divide their marital assets fairly. Despite the requirements of the law, emotions are often running high in a divorce, and spouses sometimes try to gain the upper hand in the asset division process by hiding property so it does not have to be shared with the other spouse. If your spouse is likely to hide assets during divorce, you likely already have noticed some signs that suspicious activity may be at play. If your spouse seems reluctant to give you financial information, suddenly begins buying large “gifts,” or has a small business that seems suspiciously successful in the recent past, be open to the possibility that financial malfeasance may be part of your divorce.

Where Assets Are Often Hidden During Divorce?

The list of places a spouse might hide assets is seemingly never-ending. From laughably simple schemes like hiding cash money in a mattress to elaborate endeavors to transfer assets to overseas bank accounts, The Stogsdill Law Firm, P.C. has seen it all. Some of the most common ways spouses try to hide assets in divorce include, but are not limited to:

Continue Reading ››

 Posted on October 20, 2022 in Divorce

Deciding what to do about retirement accounts can be a tricky part of divorce. Both spouses have often worked long and hard to amass their shared financial portfolio and the prospect of splitting it can be daunting. Moreover, the implications of dividing retirement accounts has the potential to impact both spouses long after the divorce is finalized; after all, running two separate households costs more than just one, and spouses will no longer be able to rely on the other's earning power to get them through retirement.

Understanding how retirement accounts can be managed in a divorce is important as you begin to strategize the path you want your divorce to take. While asset division is ultimately under the purview of Illinois law, courts prefer divorcing couples to create an asset division agreement on their own. If you and your spouse can discuss your retirement options reasonably, you are more likely to reach an agreement that allows you both to maximize your future financial stability.

Continue Reading ››

 Posted on October 18, 2022 in Divorce

Ask most parents of young children who have gotten divorced whether they truly accomplished the goal of getting out of each other's lives, and the answer will typically be a resounding “No.” This is because parents of young children have to continue to raise their children together until the youngest child reaches 18 or graduates high school (and possibly even after that, if a child is disabled or parents are responsible for paying for the child's college).

Fortunately, there are strategies to help even those parents who struggle to get along and co-parent successfully after divorce. If you are getting divorced or are considering getting divorced and you want help from an attorney who has specific experience in Illinois high-conflict divorce situations, read on and then contact someone from our team.

Start Setting Boundaries Now

Generally speaking, parents in high-conflict relationships benefit from rigid arrangements with as little communication as possible. This means setting clear boundaries and expectations, starting with the period immediately following filing for divorce. Experts recommend communicating with your spouse only through your lawyer whenever possible, and, when interpersonal communication is strictly necessary, only doing so in writing. This can include emails or text messages, but they should be easy to find and use as evidence if necessary. You may even want to set up a specific email address for issues related to the divorce and the kids.

Continue Reading ››

 Posted on October 13, 2022 in Divorce

Although divorce rates are well-known, very few people actually anticipate getting divorced when they get married. If you signed a prenuptial agreement before your wedding, you may not have taken the document seriously or truly investigated its contents. You may also have felt pressured to sign a prenuptial agreement that you did not really want because your spouse, or his or her parents, told you the wedding would not happen without one. This may not have seemed like a big deal at the time, but now that you are getting divorced, your entire marital asset distribution may be dictated by a prenuptial agreement that is fundamentally unfair or that you did not agree to. If this situation sounds familiar to you, contact an Illinois family law attorney right away.

Can I Prove That I Signed a Prenup Involuntarily?

Proving involuntariness can be difficult after the fact because it so often comes down to one spouse's word against the other's. However, there are a few things that might suggest to a court that you signed your prenuptial agreement under coercion or duress:

Continue Reading ››

 Posted on October 11, 2022 in Child Custody

If you have recently gotten divorced, you may wonder whether you can leave Illinois and move to another state with your minor child. After all, without your marriage keeping you here, you may want to move closer to family, pursue other job opportunities, or simply go somewhere with winters that do not require you to dig your car out from under two feet of snow.

But relocation is much more complicated when there is a minor child and a court-ordered parenting plan involved. If you want to relocate with your child and explore the potential to change your custody order in your new state, you need to understand the rules about child relocation as well as when Illinois retains jurisdiction over a child who lives out of state.

Can I Move My Child Out of Illinois After Divorce?

Unless you are the only parent with parenting time and parental responsibilities, you cannot unilaterally decide to move your child out of state. Your parenting plan likely has specific rules about when you can relocate with your child, and it is important that you follow those rules exactly. Leaving the state without permission from your child's other parent or the court can result in having your child physically removed from you by law enforcement, as well as having a negative impact on your own parenting time or parental responsibilities in the future.

Continue Reading ››

 Posted on October 06, 2022 in Divorce

Spouses getting divorced in Illinois have often dealt with marital conflict for many years. Such conflict rarely occurs only in person; there are often reams of texts, voicemails, emails, and other recorded or written evidence documenting spousal conflict. Rarely are any of us at our best during moments of heated conflict and we often say things we do not mean or later regret. Nevertheless, if a spouse has said questionable things that are documented in writing or in a recording, they may be used against him or her in divorce court. It is important to understand when voicemails, texts, and emails can be used as evidence–and just as important to understand when someone can “gather” evidence by recording their spouse.

Are Texts and Emails Admissible as Evidence in Illinois Divorce Court?

Generally speaking, anything your spouse has free access to can be used as evidence in court. This includes emails, texts, and voice recordings that you voluntarily sent. While adultery cannot be used as fault-based grounds for divorce, other behavior documented in texts or emails can be used against you. This includes threats, abusive language, discussions about the kids, and more. However, there are situations in which it may be possible to question the authenticity of a message. For example, if you went to lunch with your spouse to discuss the divorce, left your phone on the table while you went to the bathroom, and your spouse sent herself threatening texts from your phone.

Continue Reading ››

 Posted on October 04, 2022 in Divorce

Before the introduction of no-fault divorce, spouses wishing to get divorced in the United States had to prove that one spouse was responsible for the breakdown of the marriage. Usually, this involved proving infidelity, abandonment, abuse, or another similar issue. Known as “showing fault,” this process could be lengthy, difficult, and expensive. Spouses accused of fault-based action could try to defend themselves, which could further complicate the process. Even when spouses both wanted a divorce, they often had to agree to demonstrate “fault” through a fabricated story.

Around 50 years ago, no-fault divorce entered the American judicial system. While some states still allow spouses to prove fault and receive certain benefits from the divorce as a result, other states - including Illinois - no longer allow spouses to prove fault at all. Instead, spouses may only cite “irreconcilable differences” as the reason for divorce. This may be frustrating for some spouses who feel as though their partner's actions have clearly led to the breakdown of a marriage. If you are in this situation, it is important to know what you have to do to prove the relationship has ended and to have experienced legal representation from an Illinois divorce attorney.

Continue Reading ››

 Posted on September 29, 2022 in Divorce

Divorcing couples frequently experience conflict over how to divide their marital estate. They may disagree over what should be considered marital versus personal property, as well as what constitutes an “equitable” division as required under Illinois law.

Complex assets can further complicate this already challenging area. One type of asset - intellectual property - can be difficult to value and even more difficult to divide. If you are getting a divorce in Illinois and either you or your spouse owns intellectual property, such as original books, music, artwork, copyrights, etc., contact an experienced Illinois asset division attorney who can help.

Is Intellectual Property Marital Property?

While the spouse who created the intellectual property may very much feel like the rightful owner of their own creative output, under the law, anything of monetary value earned or generated by either spouse during the marriage is generally seen as a marital asset. In that sense, intellectual property is marital property - as long as it was created during the marriage.

Continue Reading ››