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Recent Blog Posts
How Can I Financially Prepare for My Illinois Divorce?
Couples get divorced for a variety of reasons. According to one study, more than half of survey respondents stated that financial problems were the main reason that they decided to divorce. Marriages are often stressed when the couple has financial issues and that stress can carry over to the divorce, too. Your finances can take a toll during divorce, leaving you with a headache to deal with after the divorce is finalized. The best way you can protect yourself from financial disaster during and after your divorce is to make sure you are fully prepared before you go into the process.
Open Individual Accounts
Once you have filed your petition for divorce, all of the assets that you acquire are no longer considered marital property. You should immediately open individual accounts for your checking, savings and potentially even credit card accounts. Having these accounts can help ensure that your own separate property is not commingled with marital property.
How Can Using Expert Witnesses Help Me During My Illinois Divorce?
The overwhelming majority of divorce cases end in a settlement. This means that the couple is able to come to an agreement about various divorce issues without having to go to trial. However, court involvement may be necessary if spouses cannot reach an agreement. If the case does end up going to court, the couple will no longer have the final say over the decisions made -- a judge will. The judge will make determinations that are in line with the law, but before they can do that, they have to understand all of the facts of the case. This is typically done by each spouse's attorney presenting evidence, but in some cases, expert witnesses can also be called to the stand to give testimony about certain issues. A consulting expert may provide insight and help your attorney build a strong claim before the case advances to trial.
Property Division Issues
During the property division process, the judge will use a variety of factors to determine how the couple's marital property will be distributed amongst the two of them. These factors include things such as each spouse's income and earning potential, how long the marriage lasted, what the potential tax consequences of distribution may be, and the age and health of each spouse. In order to provide the judge with accurate information, your attorney may put an expert witness on the stand to allow them to give their opinion on your situation. Many times, expert witnesses are forensic accountants or financial analysts who can speak about issues relating to property division, such as asset valuation and developing a basis for the couple's standard of living during the marriage.
Additional Expenses to Address in Your Illinois Child Support Order
Divorce can be financially taxing, even for the wealthiest of families. When a divorce is contested, it can be even more expensive and time-consuming than expected. For those who have children, child support can be one of the most important financial aspects of divorce. Ensuring that your children are adequately provided for may mean that you need to include child-related expenses above and beyond what typical child support payments provide.
Expenses to Consider Adding to Your Support Order
In some cases, a child may have additional needs or expenses that the custodial parent needs assistance with. In these cases, the custodial parent can request that these additional expenses be added to the child support order so the cost can be split between the parents. Though parents can create their own individual child support agreements containing whatever provisions they see fit, the Illinois Marriage and Dissolution of Marriage Act provides for specific child-related expenses that may be added to the support order. These expenses include:
Exploring Your Options For Valuing Your Business During Your Illinois Divorce
If you are a business owner, there are various issues that you must address if you get a divorce. Asset division can be a messy process, but when you own a business, there are many more financial aspects that you must consider before you divide your assets and liabilities. When it comes to dividing your property, the state of Illinois uses an equitable distribution process to ensure both spouses get their fair share of the marital assets. This means that your spouse could potentially be entitled to a portion of your business if the business is deemed to be marital property. If not, your spouse could still be entitled to a portion of the profits the business has made during the time you were married, which is why it is important to get a fair valuation of your business before beginning the process.
Business Valuation Methods
When valuing a business during a divorce, there are usually three main options that you have. You can choose to value your business based off of its assets, its market value, or the income it generates. There are benefits and downsides to each method, which is why you should consult with an attorney before deciding.
Can I Get Divorced and Continue to Live with My Ex-Spouse?
Divorce looks different for every couple. Some divorced couples end their marriage and never speak to each other again. Other couples remain on good terms and even take family vacations together after their split. Some may even continue to live together after getting divorced. If you are in a situation where it may make sense to continue living with your soon-to-be-ex, you may wonder, “Can I get divorced in Illinois if we are still living together?”
Understanding Illinois' Rules Regarding Living Separately and Apart
One of the many changes to Illinois divorce law that took place in 2016 was a revision of the grounds for divorce. In the past, divorcing spouses could assert fault-based grounds such as adultery or the no-fault ground of “irreconcilable differences.” If the spouse alleged a fault-based ground, the mandatory separation period was six months. If the couple alleged irreconcilable differences, the mandatory separation period was two years.
Can I Record a Conversation with My Spouse for Evidence in My Divorce?
If you are like the vast majority of adults in Illinois, you probably have a cell phone, computer, tablet, or all three. Most of these devices can record audio and video at the press of a button. It can be very tempting to make use of this ability during divorce – especially if your spouse's behavior is much different behind closed doors than it is in public. You may wonder, “Can I record my spouse and use this recording as evidence during my divorce?”
Illinois Law Regarding Recording a Conversation
Most states are one-party consent states. This means that it is lawful to record a conversation between two people if at least one of them knows that the conversation is being recorded. For example, you could record yourself speaking on the phone to someone else because you know that you are recording. Illinois, however, is an all-party consent state. This means that both you and the other party need to provide consent for a recording to be legal. Recording someone without their permission may be considered a Class 4 felony offense in Illinois. However, there are several exceptions to Illinois laws regarding eavesdropping and recording.
How Does Getting Married Later in Life Affect Family Law Issues?
The make-up of the American family has changed dramatically over the last 100 years. One of the trends taking place throughout the United States is an increase in the average ages of marrying couples. Both men and women are getting married later in life. In 1960, the average age of first-time brides and grooms was 20 and 22, respectively. Presently, the average ages of first-time brides and grooms are closer to 30. This change has affected family law concerns, including prenuptial agreements and divorce.
Individuals Getting Married Are More Like to Have Significant Assets and Debts
Couples used to get married soon after high school. Modern spouses are much more likely to be in their mid to late twenties. This means that many brides and grooms have a college education, and consequently, student loan debt. Modern spouses are also more likely to own substantial assets, including a home or small business. This is one reason that many family law attorneys are seeing an increase in prenuptial agreements. A prenuptial agreement or postnuptial agreement is a legally enforceable contract that is used to describe spouses' property rights. The contract may identify certain assets and debts as non-marital and therefore not subject to division during divorce. A prenup or postnup may also describe a spouse's entitlement to alimony or spousal maintenance.
Tips for Introducing a New Partner to Your Kids After Your Separation
The silver lining of a separation or divorce is the possibility of meeting someone new. If you have found love after a failed marriage, you are probably eager to start your new life with this person. If you are a parent, this may include introducing your new partner to your children. The introduction of a new romantic interest after a separation can sometimes be difficult for children to handle, so it is important to be intentional about this event.
Wait Until You Are Divorced
For many people, a marriage is over long before the couple actually finalizes their divorce. If you are separated or soon will be, you and your spouse may have been sleeping in separate bedrooms and living separate lives for months or even years. You may understandably be eager to start dating someone new. However, dating before your divorce is complete can exacerbate the stress, confusion, and uncertainty that your children experience during the divorce process. It can also have potential consequences on the outcome of your divorce. For example, if you spend money on gifts or vacations with your new partner, your spouse may accuse you of dissipating assets, which can affect property division during divorce.
Debunking Three Myths and Misunderstandings About Divorce in Illinois
If you are thinking about divorce, it is important to carefully consider the information and advice that you are getting from others. Even though they have good intentions, many people unknowingly spread rumors and false information about issues like property division, child custody, or spousal support. Television and movies have also perpetuated many of the popular falsehoods regarding divorce. The best place to get legal advice and dependable support is an experienced divorce lawyer.
Myth #1: Infidelity or Marital Misconduct Will Be a Crucial Factor
Cheating and infidelity have ended countless marriages. If you are divorcing because one of you cheated, you may assume that this “marital misconduct” will play a major role in your divorce. On the contrary, the reason that a marriage ends rarely affects the outcome of a divorce in Illinois. Illinois is a no-fault divorce state, which means that there are no fault-based grounds for divorce. You will simply state that “irreconcilable differences” have led to the end of your marriage. In addition, marital misconduct will usually not be considered when addressing the division of marital property, spousal maintenance, or parenting issues. The main way that infidelity can affect a divorce is if the unfaithful spouse spent considerable money or property to finance the affair. In this case, the wronged spouse may have a valid “dissipation of assets” claim, and they may be awarded a greater share of the marital estate.
Can I Get a Restraining Order if I Am a Victim of Stalking in Illinois?
Stalking occurs when someone repeatedly follows, harasses, or threatens a person to an extent that the person fears for his or her safety. If you have been a victim of stalking, you know just how frightening the experience can be. Fortunately, there are laws that protect victims of stalking. In Illinois, what are often referred to as “restraining orders” are called “orders of protection.” There is also a specific court order designed to stop stalking behaviors called a “Stalking No Contact Order.” Read on to learn about the various court orders that can prevent a stalker from further harassing you.
Protecting Yourself from a Stalker With an Emergency Order of Protection
Two main types of court orders may be available to victims of stalking. The first is an Emergency Order of Protection. This is a court order used to protect victims of abusive family or household members. Abuse does not only include physical violence. It also includes harassment, interference with personal liberty, and intimidation. Per Illinois law, stalking behaviors typically count as abuse. Household and family members include current or former:
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The Stogsdill Law Firm, P.C.
1776 S. Naperville Road, Building B, Suite 202Wheaton, IL 60189630-462-9500
