Recent Blog Posts
Understanding the Elements of a Complex Divorce
Just like no two people are the same, no two divorces are the same. While most divorces are difficult for everyone involved, complex divorces, as the name implies, are usually especially complicated. A complex divorce is often a term used to describe a divorce case that may involve high-net-worth individuals, business owners, or couples with complicated assets and finances. These cases often require highly knowledgeable divorce attorneys, as they involve multiple issues and can be time-consuming and emotionally draining. Today, we will discuss what is most important about complex divorces.
Elements to Be Aware of in Complex Divorces
Several elements can make a divorce complex, including the following:
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High-value assets – In a complex divorce, the value of assets is usually high. These may include investment portfolios, real estate holdings, retirement accounts, and business assets. Therefore, properly identifying and valuing these assets is crucial to ensure that property division is fair and equitable. It may also be necessary to hire financial professionals to help determine the value of certain complex assets.
Common Red Flags to Look for When Hiring a Divorce Attorney
Divorce can be an emotionally grueling process, but as with many challenges life can throw our way, having a close-knit support system helps a great deal. When it comes to divorce, while the support of friends and family is undoubtedly essential, having a compassionate yet aggressive divorce attorney can make a significant difference in making the process less complicated and distressing.
Most people know having a knowledgeable divorce attorney is important when going through a divorce. But how can you tell when you have selected the right attorney, and what are some red flags to look out for as you go through the process of attorney selection?
Attorney Red Flags to Look Out For
Here are some red flags to look for when hiring a divorce attorney:
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Poor communication – One of the most important aspects of any attorney-client relationship is communication. If an attorney is difficult to reach, takes a long time to respond to messages, or fails to keep you updated on the status of your case, it may be a sign that they are not prioritizing your case.
Why You Should Still Hire an Attorney Even If Your Divorce is Uncontested
When most people think of divorce, they typically envision highly contentious court proceedings where the spouses and their troubles are publicly litigated in a courtroom. While some divorces are like this, they do not have to be. That may sound like wishful thinking, but it is not. An uncontested divorce may be an option for spouses looking to end their marriage in a reasonable manner. Simply put, an uncontested divorce is a divorce in which both parties agree on all the terms and conditions associated with the divorce, including property division, child custody, spousal support, and more. However, it is essential to understand that just because you and your spouse can agree on the issues, this does not mean you do not need an attorney to help guide you through the divorce process.
What Are the Most Common Issues Associated with Co-Parenting, and How Can I Prevent Them?
It is true that while a divorce is almost always difficult for the adults involved, it is often even more difficult for the children involved. Illinois courts believe that once a divorce has been finalized, it is in the best interests of the children to have both parents stay involved in their life. Having both parents involved in the lives of the children usually involves co-parenting between the recently divorced parents. As can be imagined, there can be serious complications that come with co-parenting.
In this blog, we will look at common issues that are associated with co-parenting and how to avoid such problems from arising. If you are seeking a divorce, consider consulting with an experienced divorce attorney to help you and your former spouse work together to ensure the divorce impacts your children's lives to the least extent possible.
Child Support Considerations for Divorcing Parents with Special Needs Children
At the core of many divorces is the question: how will the divorce affect our children? This question is even more pressing when it comes to divorcing parents who have children with disabilities. It is not uncommon for parents who are divorcing and have a child with disabilities to disagree on topics such as child support. There are situations where one parent may believe that the child is not disabled or is not as disabled as their spouse makes them out to be, while the other parent believes that their child is disabled and, therefore, will require additional child support to support the disabled child's needs.
If you are a parent getting divorced and have a child that may qualify as having disabilities, consider contacting an attorney so you can understand your rights and have an attorney in your corner advocating for the best interests of you and your child.
What to Know About Divorce Decrees and Contempt Proceedings in DuPage County
Most people are aware of just how grueling and emotionally turbulent getting a divorce can be. The emotional turbulence of divorce is often exacerbated when a spouse refuses to obey the divorce decree. Divorce decrees often map out how many issues will be handled once the divorce is finalized, including the division of marital property, spousal maintenance, child support, and parenting time. If a spouse is not complying with the financial agreements made in the decree, this could prove to be detrimental to the other spouse.
Furthermore, if a spouse decides not to comply with parental responsibilities and parenting time, this can be harmful to the child's well-being. In any event, if your ex-spouse is not living up to their side of the divorce decree, contact an experienced divorce attorney who can help you get started with enforcing the divorce decree.
What to Know About Spousal Support and Maintenance in DuPage County
Financial matters are often among the most contentious of all the issues that must be resolved during a divorce. Spousal maintenance is a crucial issue in the divorce process that can shape, for better or worse, the future financial lives of the divorcing parties. Spousal maintenance exists to protect someone who makes significantly less money than their spouse. It also exists so that the spouse who earns less can still have a similar standard of living that they enjoyed during their marriage while they become financially self-sufficient.
Generally, the amount of money and the duration of time for which payments will be made depends heavily on the economic circumstances of the divorcing parties and the length of time they were married. Judges may also order temporary maintenance to help people who require immediate financial assistance. If you are getting a divorce, it is wise to consult with a knowledgeable spousal support and maintenance attorney who will aggressively represent you and your best interests throughout the property division process.
Legal Separation in DuPage County
A legal separation can be a practicable alternative to disputing spouses who may feel daunted by the permanency of divorce. Some aspects of a legal separation can be conceived as a trial run of a divorce since legally separated parents must adhere to agreements about spousal maintenance, shared benefits, and joint decision-making responsibilities for their children.
Sometimes the immediacy of divorce proceedings can be emotionally traumatic and overwhelming. In contrast, with a legal separation, the couple is provided a measured transition into a divorce which can curtail acrimony. A divorce attorney proficient in Illinois's legal separation laws can help explain a legal separation's advantages and disadvantages and draft a reasonable agreement.
Advantages of a Legal Separation
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A legal separation grants each party the time and space to decide whether to divorce or reconcile
Grandparents Petition for Visitation in DuPage County
The relationship between a grandparent and a grandchild can be a loving, nurturing, enriching, and positive bond. For various reasons, sometimes one parent or both may restrict or sever the relationship between their child and the grandparent. This estrangement may be detrimental and have a lasting damaging effect on both the grandparent and grandchild. For instance, in the traumatic event of a parent's death, divorce, or incarceration, a grandparent can offer caregiving, stability, and even be a therapeutic source of healing for their grandchildren.
Unless it is proven that the parent is physically endangering the child, however, a grandparent's visitation rights are limited under Illinois law. Usually, only a parent can determine who can legally have visiting time with their child. A concerned grandparent seeking visitation rights should contact a child custody attorney who can evaluate their case and strategize for a possible harmonious solution.
Sharing a Family Business After Divorce in DuPage County
Divorce can be difficult, but when splitting, selling, or liquidating a family business, divorce can be all the more emotionally overwhelming, costly, and prolonged. According to the Harvard Business Review, 70 percent of family businesses are either sold or go bankrupt before they can be passed down to a second generation. Even if a family business was inherited, dividing a family business in a divorce typically entails complex asset division as the marital assets could be commingled. If the divorce is acrimonious, for peace of mind, many divorcing spouses would rather sell their stake to one another or sell the business altogether.
There are circumstances where it may be judicious to maintain and share a family business. For instance, if the divorcing spouses had created the family business together or if the family business is the family's sole income, it might be wise to sustain a professional relationship and carry on with the business. A family law attorney can help recruit professionals to evaluate a family business's worth and strategize for reasonable solutions in the client's best interest.