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:

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 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.

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 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.

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 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.

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 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.

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 Posted on September 27, 2022 in Child Support

Illinois law requires both parents to financially support their children. Generally, when parents are not divorced, separated, or never married, this means that one parent pays the other child support. The financial burden of raising children is high and is only expected to get higher, and families rely on child support payments to make essentials such as housing, clothing, and healthcare possible.

If a parent stops paying child support, the financial burden on the receiving parent and the children can be immediate and overwhelming. It may be tempting to withhold parenting time or make other threats to try to obtain child support, but these strategies may ultimately backfire. Instead, read on to learn about your options for recovering unpaid child support and then contact an Illinois child support recovery attorney for help.

When is the Law on My Side for Recovering Child Support?

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 Posted on September 22, 2022 in Divorce

Private equity partners, venture capitalists, and hedge fund managers and employees deal with intricately detailed financial transactions every day. These employees are typically very well compensated for their skills and knowledge, and their divorces can end up being more complicated than a typical divorce by orders of magnitude.

Just one of the areas of compensation that may need to be handled in such a divorce is carried interest. Carried interest is a complex area of finance that usually needs to be viewed as part of a spouse's overall income. Its involvement in divorce often makes necessary the help of financial experts and accountants in asset division negotiations.

What is Carried Interest?

Carried interest is compensation paid to general partners of private equity, venture capital, and hedge funds and is tied to a fund's performance. It is a share of profits and is usually only paid if the fund performs at a specific minimum rate; it can therefore take many years to earn and may be paid out at once or as part of an ongoing return. Because general partners have usually invested in a fund, carried interest is taxed similarly to a return on investment rather than regular income. General partners may also charge a management fee, which is paid in addition to carried interest but without the performance conditions.

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 Posted on September 20, 2022 in Child Support

Anyone who is a parent knows that to care for a child is to expect the unexpected. Children are constantly growing, learning, and making mistakes, and their needs are constantly in flux. While child support payments are ordered after a divorce or separation and are meant to cover a child's basic needs, a sudden change in circumstances can make caring for a child become much more expensive. If you are wondering whether you can petition a court to modify your child support payments to cover new expenses, read this brief overview and contact an Illinois child support attorney.

Can I Ask for More Child Support if My Child's Needs Change?

A child's needs can suddenly or unexpectedly change for many different reasons. These include, but are not limited to:

• The child developing a chronic illness

• The child developing or being diagnosed with a learning disability

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 Posted on September 15, 2022 in Divorce

Some couples want to separate from each other but know for sure they do not want to get divorced. Other times, couples are unsure whether their separation will be permanent but may know that their marriage cannot succeed if they continue living together as-is. Whatever the reasons may be, a legal separation might be a better alternative for some couples than a permanent divorce. If you and your spouse are considering going your separate ways, it is important to talk to an Illinois family law attorney who can help you make the best decision for you.

Why Get a Legal Separation Instead of a Divorce?

Many people are surprised to learn that a legal separation is closer to a light version of divorce than it is to moving out and taking some space. Legal separation is a formal legal process that allows a couple to resolve issues of finances, child support, and child custody without actually ending a marriage.

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 Posted on September 13, 2022 in Property Division

Couples with a high net worth often have a broad portfolio of assets they use to diversify their investments and ensure their risk is spread out across both high-risk and low-risk areas. Rented real estate presents a prime opportunity for couples who can afford the down payments to have an asset that is all but guaranteed to increase in value while also providing rental income.

Jointly owned investment properties are considered part of the marital estate and must be divided in an Illinois divorce. A couple may strongly disagree about how they want to manage both the value and the liability of an investment property, which can present significant challenges.

How Much Is the Rental Property Worth?

Before an asset of any kind can be divided in a divorce, its value must be assessed. Sometimes spouses prefer to sell an investment property and split the proceeds. In these cases, a property will simply be put on the market, and, once a suitable buyer is found, a couple will decide how to split the proceeds from the property's sale minus whatever money a couple still owes on the mortgage.

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