Posted on February 24,2021 in Division of Assets

Owning your own business can be a rewarding career choice. However, being a business owner can significantly complicate the division of assets during divorce. If you or your spouse own a business, and you want to end your marriage, it is essential that you understand how business ownership is dealt with in an Illinois divorce. An attorney experienced in handling complex divorce cases can provide personalized guidance about your rights and responsibilities regarding business ownership.

Is the Business Considered Marital Property or Non-Marital Property?

When a couple marries, their property and debt usually becomes intermixed. Determining which assets and liabilities belong to the marital estate and which are owned by an individual spouse is often quite complicated. As a general rule, property, including businesses, acquired before the marriage are classified as non-marital property. The spouse who originally owned the asset retains the rights to that asset during divorce. Both spouses have a right to property obtained during the marriage. A non-marital business can become marital property if marital funds were used to finance the business. A business can also become part of the marital estate if the non-owner spouse contributed to the business’s growth or success.

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 Posted on February 17,2021 in Divorce

Going through a divorce is likely to be one of the most difficult things you ever do. Fortunately, divorce is also an opportunity to start anew and build a better future. There are several things that you can do now to make the divorce process go more smoothly. If you are planning for divorce, these actions will not ensure a pain-free divorce; however, they may help you avoid mistakes that can make the divorce process more difficult than it needs to be.

Tips for Planning for Divorce

If you are planning to end your marriage, but you have not yet filed for divorce, there are many things you can do now to help prevent unnecessary stress and complications. Hiring an attorney who is experienced in handling the divorce issues you will likely encounter is one of the best first steps that you can take. Additionally, it may be a good idea to:

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 Posted on February 10,2021 in Spousal Maintenance

Alimony refers to financial support that a spouse pays to a financially-dependent spouse after the couple’s divorce. These payments, which are referred to as “spousal maintenance” in Illinois law, are typically awarded when there is a major disparity in income between the spouses. Many spouses require financial support in the form of alimony because they gave up career advancements in favor of homemaking or child-rearing responsibilities. The purpose of spousal maintenance is to place both spouses in financial circumstances similar to what they enjoyed while they were married after they get divorced.

Alimony May Be Temporary, Permanent, or Rehabilitative

Divorce cases can take multiple months or even several years to complete. Some spouses request temporary alimony while the divorce is ongoing. Temporary alimony typically terminates when the divorce is finalized and the spouses become subject to the terms of the final divorce decree.

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 Posted on February 04,2021 in Domestic Violence

According to the Illinois Coalition Against Domestic Violence, one in three women and one in seven men are victims of domestic violence. Abuse and harassment between family or household members is a problem that many people keep hidden. Sadly, many abusive relationships escalate until the victim is severely injured or even killed. An order of protection is a court order that can help protect a victim from further abuse. However, many domestic violence victims do not obtain this valuable legal protection because they are unsure if the actions of a spouse or family member are considered abuse under Illinois law.

Abuse as Defined by the Illinois Domestic Violence Act

If you or a loved one have been the victim of abuse at the hands of a romantic partner or family member, you should know that there are legal actions you can take to protect yourself. An order of protection may prohibit the perpetrator from coming to your home or workplace, calling or otherwise communicating with you, possessing firearms, and more.

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 Posted on January 27,2021 in Divorce

If you are like many people thinking about divorce, you probably have little to no experience dealing with the Illinois court system. However, it is important to remember that marriage is a legal union, and undoing that union can be a considerable legal undertaking. Do-it-yourself divorce may initially seem like a good idea. You may be worried about attorneys’ fees, or you may assume that hiring a lawyer will automatically make your situation more contentious. However, many people who decide to take on their divorce without legal assistance soon realize that DIY divorce often causes more problems than it solves. One-size-fits-all solutions are often extremely shortsighted, and they can lead to avoidable financial losses and needless stress.

Divorce Cases Change and Evolve Over Time

Many divorcing spouses still care about their soon-to-be ex and wish to minimize contention as much as possible during the divorce. They may assume that they do not need a lawyer to represent them during the divorce because they are still on good terms with their spouse. Unfortunately, as many divorced people can tell you, the process of ending a marriage can bring out the worst in some people. You are not guaranteed a problem-free divorce simply because the split began amicably. 

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 Posted on January 21,2021 in Mediation and Collaborative Law

To be granted a divorce in Illinois, you and your spouse must decide how to resolve issues like property division, spousal maintenance, child support, and child custody. If you are unable to reach a settlement, your divorce case will go to trial. During divorce litigation, spouses and their respective attorneys present arguments and evidence to the judge. The judge then makes a decision about the unresolved issues on the parties’ behalf. Collaborative divorce, or using collaborative law to settle a divorce, is a relatively new form of alternative dispute resolution. Through collaborative law, you may be able to resolve divorce issues without taking your divorce to trial.

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 Posted on January 13,2021 in Division of Assets

You have worked hard for the assets you own, so it is understandable that you would want to protect those assets from being misused or wasted. Protecting property during divorce is something that many spouses do not think about until it is too late. Although remedies are available for spouses who have suffered financial harm due to the other spouse’s financial recklessness during divorce, preventing wasteful spending is a better strategy than mitigating it after the fact. One way to protect funds and other property during divorce is to get a financial restraining order.

Stop Wasteful Spending or Intentional Destruction of Property

As most divorced people can tell you, the process of ending a marriage can sometimes bring out the worst side of people. If you are getting divorced, you may have concerns about your spouse’s financial decisions. You may be worried that he or she will carelessly spend money, sell property to finance an addiction, or otherwise make ill-informed financial decisions. You may even worry that your spouse will destroy your property or intentionally waste money to “get back at you.” A financial restraining order can help prevent this from happening.

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 Posted on January 06,2021 in Child Support

When you are a parent who is unmarried or divorced, it can be difficult or nearly impossible to make ends meet without financial assistance from your child’s other parent. Child support is a crucial resource for parents in Illinois and across the United States. Typically, child support is established when a child is born to unmarried parents or when married parents get divorced. However, the time between a parent seeking child support and that parent actually receiving support can be weeks, months, or even years. Fortunately, there are some cases in which child support is awarded retroactively.

Receiving Back Child Support in Illinois

There are many different situations in which a parent may be awarded retroactive child support. This means that they receive support for the time period before the establishment of the child support order. To receive child support in Illinois, an unmarried parent requesting support will need to establish the paternity of the child and file a petition for support. Establishing paternity may require the parent to file an administrative order via the Illinois Department of Healthcare and Family Services or secure an Order of Paternity with the court. An unmarried parent may be entitled to child support dating back to when the child’s father was first served with paternity paperwork. Married parents may be able to receive back child support from the date they filed a motion requesting child support.

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 Posted on December 30,2020 in Division of Assets

For many people, pets are more than property, they are part of the family. However, pet ownership falls under the umbrella of property division during divorce. The division of marital assets and debts is often one of the most consequential aspects of the divorce process. Divorcing couples often disagree about the value of property and debt and who should keep certain properties. If you have dogs, cats, horses, birds, or other pets, you may have questions about how pet ownership is decided in an Illinois divorce.

Negotiating an Agreement With Your Spouse

Divorcing couples may be able to reach their own agreement about how to allocate pets and other property without taking their case to court. Although it can be very difficult to reach an agreement with a soon-to-be-ex-spouse, it is possible. Many couples eventually reach a settlement about how to divide property through attorney-led negotiations. Others turn to mediation or collaborative law. Often, one spouse retains ownership of pets while the other spouse is assigned an equitable share of different marital assets. Other times, couples choose to share ownership of pets similarly to how parents share custody of children.

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 Posted on December 24,2020 in Domestic Violence

Domestic violence and intimate partner abuse are not uncommon in the United States. Unfortunately, some evidence suggests that lockdowns intended to slow the spread of COVID-19 may be leading to an increase in domestic violence. Experts say that isolation brought on by the lockdowns can increase the chances of physical, emotional, mental, sexual, or financial abuse between romantic partners. If you have been a victim of domestic violence or abuse in Illinois, you should know that there are legal tools at your disposal that may help you get out of the abusive situation.  

Emergency Order of Protection

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