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

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 Posted on April 13,2022 in Child Custody

The turmoil and trauma involved in child custody battles can be severe, but it augments the dispute when one parent is afflicted with addiction. A divorce and family law attorney who understands the complexities of custody challenges will work on behalf of the client and in the child's best interest. Usually, the court appoints a Guardian Ad Litem (GAL) and a Child Representative. Their evaluation will help facilitate the child-custody decree. A dedicated family law attorney will provide dispute resolutions to mitigate the family's emotional stress and financial burdens.

Five Addictions that Trigger Child-Custody Battles  

A spouse suffering from addiction can wreak havoc on the child’s emotions and parental relationships. Substance abuse addiction impairs judgment and decision-making and can lead to domestic violence, further endangering the child. The risky behaviors of addicted spouses can significantly impact the court’s decisions in custody battles. Such addictions include, but are not limited to substance abuse, porn addiction, gambling addiction, compulsive shopping, and sex addiction. 

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 Posted on April 06,2022 in Divorce

During these unprecedented times, nothing is certain. Divorce is surging in the aftermath of the COVID-19 pandemic. In 2021, the pandemic instigated an increase in divorce, with an uptick of 21 percent from 2020. Along with health anxieties, many other stressors caused couples to contemplate divorce. Almost 10 million Americans lost employment, and parents who could work virtually faced additional challenges of overseeing their children’s remote learning and child care. Confinement with a spouse for several months can also trigger irritability and frustration. Loneliness from the isolation of friends, relatives, coworkers, and social activities affected children and adults alike.

The quarantine exposed underlying marital problems for many spouses, provoking some to rethink their future. A divorce attorney can help facilitate an amicable solution.

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 Posted on March 31,2022 in Divorce

Studies suggest that although the overall divorce rate has stabilized in America, divorce for couples over 50 has continued to rise. Many couples wait to get divorced until their children are adults, and, coupled with other life-changing events like retirement and major illnesses that happen later in life, perhaps these statistics are not surprising. 

While divorcing couples with adult children can dodge some complex issues like custody and visitation, they still confront the daunting task of telling their children about the divorce. Adults are still deeply affected by parental divorce, and may feel anger, fear of abandonment, resentment, and more. And because adult children are old enough to understand the implications of divorce and the complexities of relationships, their questions are likely to be more pointed and will require more comprehensive answers than those of a young child. If you are getting divorced in Illinois and have adult children, here are some tips for breaking the news. 

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 Posted on March 27,2022 in Uncategorized

Divorce is often a complex process that requires a team of professionals to help spouses plan carefully for issues like child custody arrangements and marital property division. Attorneys, friends and family, therapists, and more can all help a family transition from married life to separate households. One of the most useful professionals that couples often use in divorce is a financial advisor. There are different kinds of financial advisors and the one(s) you want will depend on your unique circumstances - high net worth families may require a team of financial advisers while other families may only want an accountant who specializes in the implications of divorce on a couple’s taxes. Here are some ways that a financial advisor could benefit you in your Illinois divorce. 

Splitting Marital Property 

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