Posted on June 27, 2022 in Divorce

Enduring a divorce can be agonizing, but the seemingly never-ending trauma could be amplified when a spouse refuses to comply with the divorce decree. A divorce decree could include determinations about the division of marital property, spousal support, child support, and parenting time. Sometimes, as stipulated in the divorce decree, an ex-spouse’s main source of income is spousal maintenance. Non-compliance with upholding the financial agreement of the decree could be catastrophic for the contesting spouse and perhaps even lead to destitution. Noncompliance with parental responsibilities and parenting time detrminations could also be detrimental to the child.  A divorce attorney can help enforce the court-binding decree through a contempt proceeding.

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 Posted on June 17, 2022 in Divorce

Divorce is a life-changing ordeal, but it can be even more emotionally harrowing when it involves a family business. Sometimes the family business is inherited and dates back many years, intensifying the emotional value of the company. Or a family business could be equally, or partially, established by divorcing spouses. For some, family businesses are the sole source of family income. Business goodwill and business valuation need to be determined to decide how to proceed with allocating the property of a family business. 

A divorce attorney proficient in business law can appraise a family business and propose solutions. Whether to dissolve the family business, remain business partners, or sell to a third party, divorcing spouses should know their options and rights.  

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 Posted on June 10, 2022 in Child Custody

Harboring a different set of values is sometimes the primary cause of divorce. With those different sets of values, parenting styles are likely to conflict. One parent may be more of the disciplinarian while the other may be more indulgent. Issues not addressed in the parenting plan, such as the child’s cell phone or social media use, could result in further discord between the parents. Situations like these could sometimes escalate to litigation for a modification to the parenting plan. 

Consistent and harmonious co-parenting help create a home life that is in the child's best interest; however, achieving that ideal is sometimes complex. A child custody attorney could offer alternative dispute resolution, like mediation, to assist in finding agreeable solutions.  

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 Posted on June 03, 2022 in Divorce

Divorce and child custody disputes can be overwhelming and transformative for a child. Change can be stressful for all, especially for a child with living arrangements divided between two households. When a child's parent begins to date, that can further intensify the child's stress. If the parent wants to introduce the child to the new partner, that can also cause a contentious rift with the other parent. However, if not stipulated in the parenting plan, a disputing parent may have little recourse in dictating whether an ex-spouse's associates become acquainted with the child. 

A parenting plan is predicated on the best interest of the child.  A child custody attorney can help find a viable solution for disputes through mediation or post-decree modifications.

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 Posted on May 23, 2022 in Divorce

Property division during divorce proceedings can be contentious and complex. Illinois law recognizes inherited assets as non-marital property. However, identifying the initial inherited asset can be difficult once an inheritance inadvertently or purposely is mixed with marital property. Commingling and transmutation can make property classification and division much more complicated during divorce. 

Two Ways Non-Marital Inheritance Becomes Marital Property

Illinois law states that inheritance is non-marital property. The spouse who received the inheritance is the sole owner of the inheritance assets. However, inheritance can become marital property through commingling and transmutation.

• Commingling – Mixing inherited assets with marital property is considered commingling. If a spouse can prove the commingling of assets was intended for temporary convenience and can still identify the inherited asset, the inheritance may remain non-marital. However, if the inherited property is no longer identifiable, it may be considered marital property. For instance, if a spouse deposits inherited money into a joint spousal account, this commingling converts the inheritance to marital property.

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 Posted on May 17, 2022 in Division of Assets

All divorces can be difficult, but high-net-worth divorces are inclined to be more complicated, laborious, expensive, and lengthy because of the division of high-valued assets. A high-net-worth divorce attorney will uncover any hidden and devalued assets possessed by the opposing party. Once discovered and classified, a high-net-worth divorce attorney will advocate for the equitable division of marital and non-marital property. A high-net-worth divorce lawyer will also tackle the more commonplace disputes, such as alimony, child support, child custody, and parenting time.

Although marital agreements can mitigate the complexities of high-net-worth divorces, they can sometimes be deemed invalid. For instance, a spouse can claim the signing of a marital agreement was under coercion. So, a high-net-worth divorce attorney will scrupulously evaluate all assets and agreements.

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 Posted on May 11, 2022 in Divorce

Public Act 99-90 (SB 57) amended the Illinois Marriage and Dissolution of Marriage Act and related statutes, eliminating fault-based divorce. Effective January 1, 2016, Illinois became a no-fault state, meaning that a spouse cannot be blamed for a divorce even if the spouse committed infidelity or mental abuse. A no-fault divorce denotes an irretrievably broken marriage. As opposed to at-fault divorces, no-fault grounds allege irreconcilable differences, which may diminish the emotional strife related to the dissolution of a family.

Illinois divorces are either contested or uncontested. When spouses who cannot agree on one or more divorce issues, this is called a contested divorce. Iin an uncontested divorce, both spouses agree on the divorce terms. Obliviously, divorces without disputes are cost-effective because, unlike a contested divorce, an uncontested divorce can promptly proceed. Unfortunately, agreement on all issues is not always possible. 

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 Posted on May 03, 2022 in Divorce

 Collaborative Law is a newer and growing Alternative Dispute Resolution (ADR) model that avoids litigation. Divorce lawyers of both parties agree to resolve divorce issues out of the courtroom. Unlike traditional divorce proceedings, a collaborative divorce removes the litigation battle's emotionally and financially taxing threat. These legal process advocates for an amicable, respectful, and dignified divorce proceeding.

How Collaborative Divorce Law Works

Collaborative law divorce attorneys are specially trained in practicing this type of dispute resolution. The contesting parties must be willing to participate in the collaborative divorce law process. After each party retains a collaborative law lawyer, they voluntarily sign a participation agreement that obligates them to follow the collaborative divorce law procedure. Collaborative law values problem-solving and promotes a fair and thoughtful settlement. Financial experts, a divorce coach, therapists, and other specialists might be hired to help facilitate a satisfying divorce decree.

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 Posted on April 26, 2022 in Prenuptial Agreements

Once considered a contract for the wealthy, marital agreements are becoming more commonplace, with couples of all socioeconomic backgrounds retaining prenuptial or postnuptial agreements.  Family law and divorce lawyers are adept at executing marital agreements, which are akin to insurance policies. Prenuptial and postnuptial agreements define marital and individual property, offering peace of mind. The benefits of marital agreements far outweigh the emotional awkwardness of preparing the contracts. Negotiating and signing marital agreements is an exercise of due diligence. 

Protecting Financial Interests in the Event of Divorce or Death of a Spouse 

Some find prenuptial agreements to be unromantic, foreshadowing divorce. However, it is sensible to sign one as they provide assurances of financial security.  In the event of divorce or the death of a spouse, prenuptial agreements are cost and time effective. Prenups help the parties circumvent long, expensive court battles in a divorce. Prenuptial agreements give credence to the court to what was and is intended between both parties. They also provide the couple with a reality check and provide an opportunity for spouses to discuss finances before they walk down the aisle. It is prudent for engaged couples to sign one.  Prenuptial agreements safeguard individual property, offering: 

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 Posted on April 20, 2022 in Child Custody

The burgeoning emergence of divorced co-parents with legal disputes about rearing transgender and gender non-conforming youths is controversial and polarizing.  When negotiations fail, child custody attorneys can help prove the "best interest of the child" standard. Post-decree modifications can award the legal decision-making authority to one parent.  Skilled family law attorneys understand the profound ethical issues involved with transgender children and teens. Transgender youths and their families are sometimes plagued with emotional trauma, and a good family law lawyer will be able to navigate the complexities of these special custody cases.  

Avenues that Family Lawyers May Use to Resolve Disagreements About Child-Related Issues

Mediation – Led by a mediator, who is a neutral third-party negotiator, mediation sometimes resolves custody conflicts.  Mediation is more cost-effective than the court process of litigation. A good mediator will also be a lawyer who can practice in your county.

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