Posted on January 25, 2022 in Divorce

In many cases, Illinois divorce courts treat stock options as marital property for the purposes of dividing assets in a divorce. The Illinois Marriage and Dissolution of Marriage Act explicitly states that when stock options have been given to a spouse during the marriage, they are marital property - whether they are unrealized or whether their value is even knowable.

If stock options are marital property, they must be divided equitably in a divorce. This presents some complications, not only because of the difficulty in ascertaining stock option value but because the proceeds of the stock options must be allocated to each spouse when they are exercised. If you anticipate dividing stock options in your Illinois divorce, read on.

Options for Dividing Unrealized Stock Options

There are essentially two options for dividing the value of unrealized stock options. First, the court can wait to divide the stock options until they are exercised in the future; or, the court can divide the option during the divorce and make spouses wait to receive their portion until the option is exercised. Courts and spouses may also want to receive some other marital property of equal estimated value, although this can be something of a gamble as the value of an unrealized stock option is difficult to estimate.

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 Posted on January 20, 2022 in Divorce

Parents often feel strong negative emotions towards each other after a divorce or separation. Even if parents were never married, co-parenting is a stressful endeavor and one parent will sometimes try to keep a child away from their other parent. Illinois law has strict guidelines prescribing when a parent can move out of state with a child, but what if a parent simply decides not to follow the rules and moves out of Illinois without asking permission from the court or the child's other parent? Is it technically possible for one parent to kidnap their child with an improper child relocation?

Violating a Parenting Plan Can Lead to Legal Consequences in Illinois

No matter what the violation entails, parents who violate the terms of their parenting plan can be held in contempt of court. Parenting plans are intended to be enforceable so parents cannot simply do whatever they want, especially if it would be bad for the child.

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 Posted on January 18, 2022 in Divorce

Child support provides crucial financial assistance to Illinois parents who are raising children, often with very little help from their child's other parent. When one parent refuses to pay child support or hides income to try to lower the amount of support they owe, it can cause enormous difficulties. The parent who needs to make up the financial difference suffers, but, perhaps more importantly, the child can suffer a diminished quality of life through no fault of her own.

If you are getting divorced and have a hunch that your spouse may be hiding or manipulating their income to avoid paying child support, an experienced Illinois family law attorney may be able to help. Here are some signs to watch out for that may indicate warning signs of hidden income, as well as steps you may be able to take to find hidden income.

How Do Spouses Hide Income to Avoid Paying Child Support?

Many parents have a suspicion that their child's other parent is hiding income because of a trend of financial deception during the relationship. If a person is willing to be manipulative about finances in the past, he or she is likely to do so in the future if it might benefit them. Here are some other signs a parent may be hiding income:

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 Posted on January 13, 2022 in Divorce

Teaching public school is one of the most difficult jobs someone can make a career out of. Fortunately, government employees have excellent benefits, and one of these is a generous pension that is meant to last a hard-working educator throughout their retirement.

Because pensions are considered marital assets and must be divided in a divorce, many teachers rightfully fear the consequences that getting divorced could have on their retirement plan. Does the whole thing get divided, even if you were teaching before you got married? How is the value of a fund determined? For answers to these questions, read on.

How Will the Value of My Pension Be Determined?

Knowing your pension's exact value can be challenging, but there are several common methods used for determining a pension's present worth. These include:

• The PBGC Actuarial and Mortality Tables Appraisal Method

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 Posted on January 11, 2022 in Divorce

One of the most important things divorcing parents must do is arrange a suitable parenting agreement. Although it can be challenging to make the necessary compromises, a good parenting agreement can serve the entire family for many years.

Of course, if a child is ever in danger or a parent passes away, there will necessarily be a change in arrangements. But most parenting plans are modified for more innocuous reasons - children get older, people remarry, and parents sometimes have to move to a new home or change their work schedule. When there is a significant change in circumstances, it may be time to update the parenting agreement. Here are three common reasons a parenting plan may be modified in Illinois.

Physical Relocation

Illinois sets strict limitations around when a parent with majority parenting time can relocate with a child. Depending on the area he or she lives in, if the new home is more than 25 or 50 miles away from their current home, the relocating parent will need to get permission from the child's other parent or the court. Moving may also necessitate a rearrangement in parenting time because a greater or lesser distance could change the effort it takes to move a child between households.

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 Posted on January 06, 2022 in Divorce

Even when both spouses are employed during a marriage, it is not uncommon for only one spouse to manage the family finances. Although this can make things more streamlined while the marriage lasts, it can also make it easier for the spouse who manages the money to hide marital assets that should be divided in a divorce.

Hiding marital assets is illegal and unethical, and fundamentally violates the principles of the Illinois Marriage and Dissolution of Marriage Act, which places great importance on ensuring marital assets are divided fairly. If you are worried that your spouse may be trying to hide assets in your Illinois divorce, here are five places you might want to look.

Common Methods of Hiding Assets During Divorce

Although the strategies that people come up with are seemingly endless, here are some of the most common places hidden marital assets are found:

• Separate personal accounts - Many people mistakenly believe that their personal bank accounts are not subject to scrutiny during divorce. Funds are often transferred slowly over time and spouses may lie about the location of the money, hoping to avoid detection.

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 Posted on January 04, 2022 in Divorce

Learning to manage shared parenting time and parental responsibilities during and after divorce can be difficult, especially when parents live in different states. Illinois shares a border with no less than five states and divorced parents frequently find themselves trying to manage their parenting schedule across state lines. This can lead to many frustrations and legal complexities, which, if left unaddressed, can get in the way of having a happy relationship with your child and a productive relationship with their other parent. If you are facing the prospect of co-parenting across state lines, here are three tips to help the experience go more smoothly.

Follow Your Home State Jurisdiction's Laws

Whichever state court originally heard your divorce or child custody modification case typically has home state jurisdiction. If you move out of Illinois to a neighboring state, the terms of the original custody order must still be followed. If the children are still residents of Illinois, even if they spend time in another state, then modifications to the parenting agreement must usually be made in the home state as long as one parent still lives there. Failing to follow the terms of your parenting agreement can lead to legal repercussions.

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 Posted on December 27, 2021 in Divorce

It is a favorite habit of older generations to cast aspersions on younger generations, but no group of young people has been the target of as much public derision as the Millennials. For decades, Millennials have been written about in magazines and newspapers as selfish, disinterested youngsters who are more interested in social media than they are in respecting their elders.

However, as Millennials have gotten older and managed the challenges of adulthood, much of this worrying has come to naught - it turns out Millennials are more cautious, financially reserved, and deliberate about making major life decisions. One area in which this behavior manifests most obviously is in marriage and divorce.

Millennial Marriage is More Likely to Last

Many Millennials have watched their parents get divorced, dealt with the personal and financial fallout of divorce, and want to avoid making the same mistakes. Even as the Baby Boomer generation continues to get divorced well into their 60s and 70s, the divorce rate has dropped - largely thanks to Millennials.

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 Posted on December 21, 2021 in Divorce

Getting divorced is a difficult process and it is common for emotions to run high. Often, a spouse's worst fears about relationships have come true, and dealing with the fallout of cheating, dishonesty, or abuse can prove very challenging.

Nevertheless, certain behaviors are simply unacceptable during divorce. Rather than processing emotions appropriately, some spouses become spiteful, paranoid, and may even engage in stalking or harassment. If you have been a victim of spousal stalking or harassment during your divorce, there are things you can do to protect yourself and your family.

Harassment and Stalking are Illegal in Illinois

When someone behaves in a way that, with no other legitimate purpose, would cause a reasonable person emotional distress - and the victim of the behavior does feel distressed - such behavior may fit the legal definition of stalking in Illinois. If someone makes an indecent or obscene comment, in person or through electronic or telephone communication, with the intent to annoy, threaten, or offend, that behavior may fit the legal definition of harassment in Illinois. Many different behaviors could be either harassment or stalking, including, but not limited to:

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 Posted on December 16, 2021 in Divorce

A parent's most important responsibility is to provide for and protect their child. After a divorce - and even if they were never married - parents usually share parental responsibilities and parenting time but may disagree strongly about how children are best raised. Rarely, however, do these differences cross the line into neglect or abuse by either parent.

But when this does happen, it is important for the parent who suspects abuse to take action. Doing so may be uncomfortable, but your obligation is to ensure your child's safety. That being said, courts take false allegations of child abuse very seriously and making a false accusation could ultimately backfire. For these reasons, parents should never make allegations of abuse or neglect to try to deprive their child's other parent of parenting time - but if there could legitimately be something wrong, it may be time to act.

Potential Signs of Child Abuse

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