Posted on June 25,2019 in Divorce

Many women, and some men, change their last name to their new spouse’s last name when they get married. This is a meaningful tradition for many. Unfortunately, it is currently much easier for people to change their name when they get married than when they get divorced. An archaic rule in Illinois law makes the current process for changing your last name much more difficult than it needs to be. Illinois Senator Cristina Castro hopes to change this.

Current Law Regarding Name Changes

For many people, changing your last name to that of your spouse is an important part of getting married. Currently, the process for a name change in Illinois is much easier if you have a marriage certificate. However, the process for changing your name after divorce is much more involved. In Illinois, there is currently a requirement that anyone seeking a name change to must publish a notice of that change in a newspaper. However, this requirement is lifted for individuals who can show a court-issued marriage certificate. While this works well for those getting married, what about people getting divorced?

Continue Reading ››

 Posted on June 18,2019 in Division of Assets

It is an unfortunate reality that divorce can sometimes bring out the worst in people. When a marriage is ending, spouses can sometimes act in ways which deplete the martial estate. They may purposely waste marital funds so that the other spouse does not have access to them or they may have an expensive drug, alcohol, gambling, or shopping addiction which drains the estate. If you are getting divorced and your spouse has squandered shared assets, you may be able to recover these assets through a dissipation claim.

Illinois Law Regarding Dissipation of Assets

The term “dissipation” generally means to waste or spend resources frivolously or recklessly. With regard to divorce law, dissipation occurs when a spouse uses marital funds for a purpose not benefiting the marriage after the marriage has suffered an “irretrievable breakdown.” There is some ambiguity about what exactly constitutes this breakdown, but it is generally defined as the moment that a married couple ceases attempts at reconciliation. In other words, an irretrievable breakdown occurs when divorce is imminent.

Continue Reading ››

 Posted on June 12,2019 in Division of Assets

One of the most complicated parts of the divorce process is often the division of martial property. We generally think of marital property as physical items like fine art, collectables, or vehicles. However, these are not the only assets which must be divided. Retirement assets like pensions and 401(k) accounts must also be addressed during an Illinois divorce. Due to their nature, these assets cannot simply be sold and the proceeds split between divorcing spouses. According to Illinois law, there are certain steps that must be taken to ensure that retirement accounts are divided fairly during a divorce.

Valuing a Pension for the Purposes of Divorce

There are two major factors which influence how a pension is handled during a divorce. First, a determination must be made about whether the pension is marital property or separate property. In Illinois, only marital property, or shared property, is divided between divorcing spouses. Marital property generally includes property which is acquired by either spouse during the course of the marriage. However, it can also include comingled assets which started out as separate property but then became mixed with marital property. Often, the value of the pension that accrued throughout the marriage is deemed marital property and the portion of the pension present before the marriage is considered separate property.

Continue Reading ››

 Posted on June 04,2019 in Child Support

Child support payments can be a great way for unmarried or divorced parents to share the costs of raising a child. Child support in Illinois is calculated by the courts using the “income shares” model. This means that both parents’ income, property, and financial circumstances are taken into account in order to arrive at a child support amount which is fair and reasonable for both parties. Of course, life can sometimes be less than predictable, and situations can arise when a parent needs to change the amount of child support he or she is paying or receiving. If you are struggling to pay your court-ordered child support in Illinois, you may be able to reduce your payment by requesting a child support order modification.

When Can Child Support Be Modified?

There are only certain circumstances which warrant a child support modification. One way to change your child support payment amount is through a mutual agreement with your child’s other parent. If you and the other parent are able to agree on a new payment amount, you can draft your own written agreement, sign it, and submit it to the court for approval. If the court approves the new child support arrangement, the terms in your signed agreement are legally binding. If your child’s other parent does not agree to a modification, you will need to petition the court for a child support modification. The court will only grant a modification if there is a substantial circumstantial change. Circumstances that may lead to a modification request being approved include but are not limited to:

Continue Reading ››

 Posted on May 30,2019 in Child Custody

Children across the United States have a parent who is in jail or prison. When a parent who is unmarried or divorced is convicted of a crime, there may be implications for child custody and child support. Illinois family courts always make child custody decisions based on the best interests of the child. If the parent has been arrested for a domestic violence-related crime, it is possible that they will not be awarded any parental responsibility or parenting time or that their parental responsibility will be reduced.

Parenting Time and Allocation of Parental Responsibility Orders

There are many different things which can happen when a parent of a child is incarcerated. If the parent required to serve time is the parent with the majority of parental responsibility, sometimes called the custodial parent, then the most immediate concern is who the child will live with. If the other parent is involved in the life of the child and is not found to be unfit, they will likely be able to assume the main parenting role. If the child’s other parent is unable to fulfill this role, however, the child may be placed with a relative or guardian. Such a change may require modifying the existing parenting time and responsibility allocation arrangement through the court.

Continue Reading ››

 Posted on May 21,2019 in Divorce

When Amazon founder and “world’s richest man” Jeff Bezos announced his divorce from his wife MacKenzie Bezos, the media called it the most expensive divorce in history. Jeff Bezos’s estimated net worth is an astounding $131 billion. When wealthy individuals or business owners get divorced there are many additional factors which must be considered. Because there is so much at stake, it is crucial that divorcing high-net worth individuals seek counsel from a knowledgeable divorce attorney with experience handling high asset or high net worth divorces. If you own a business or have complex investments and a high net worth, make sure to avoid these common mistakes during divorce.

Rushing the Divorce Process

When a marriage ends because of an affair or other hurtful scenario, the couple often wants the divorce to be finalized as soon as possible. Even couples who have not had a dramatic end to the marriage may want to get the divorce over with quickly so that they can move on with their lives. Unfortunately, high-net worth divorces are rarely speedy. Business valuations or asset valuations could take months or even longer to complete. In addition to your attorney, you may require help from a financial advisor, forensic accountant, or other professional in order to sort out your finances during a high net worth divorce. When divorcing couples rush, they can make hasty decisions which end up costing much more in the long run. While it is understandable that you want your divorce to reach a resolution as quickly as possible, rushing or skipping important steps in the divorce process can lead to more trouble than it is worth.

Continue Reading ››

 Posted on May 15,2019 in Divorce

If you are a parent who is considering divorce, you are probably worried about how the divorce will affect your children. While having divorced parents is not unusual these days, the transition from a one-house family to a two-house family can be rough on children. There is no perfect way to share custody of children as divorced parents. Some divorced parents choose to stay highly involved in each other’s lives and even take family vacations all together after the divorce. Other divorced parents choose to lead completely separate lives and only communicate when absolutely necessary. Your personal co-parenting strategy will depend on your unique circumstances and what you believe is best for your children.

Create a Detailed Parenting Agreement

Anyone getting divorced in Illinois who wishes to share parental responsibility with their child’s other parent must create a parenting agreement. Illinois law requires that certain items be included in this agreement. For example, parents must include a schedule for sharing parenting time (formerly called visitation) and parental responsibility (custody) as well as provisions for how the children will be transported between the households. Of course, there is no need to only include the minimum requirements in your parenting agreement. In fact, being more detailed and including agreements specific to your family is a great way to make sure you and your soon-to-be-ex spouse are on the same page. Including these agreements in writing helps ensure that they are followed by all parties after the divorce.

Continue Reading ››

 Posted on May 07,2019 in Annulments

Annulment differs significantly from divorce or separation. While a divorce ends a marriage, an annulment cancels the marriage entirely. After a marriage has been annulled, it is as if the marriage never happened. Annulments are only granted for specific reasons in certain situations. Not just any anyone qualifies for an annulment, or as it is called in Illinois, a Declaration of Invalidity of Marriage. If you have reason to believe your marriage is invalid and should be annulled, read on to learn more.

Grounds for Annulment in Illinois

A marriage cannot be annulled just because a couple regrets getting married. If a couple wishes to have their marriage declared invalid, they must meet one of several criteria. Firstly, a marriage can be invalidated if a party could not consent to the marriage due to mental illness or incapacitation, or because one or both parties were under the influence of drugs or alcohol. A marriage which someone enters into through force, fraud, or duress can also be declared invalid. Furthermore, marriages can be annulled if one of the parties lacks the ability to consummate the marriage and the other party did not know about this incapacity. In Illinois, individuals aged 16-17 years can only get married with consent from a parent or guardian, or via judicial approval. If a party was under 18 at the time the marriage took place and did not have the required approval, the marriage can be annulled.

Continue Reading ››

 Posted on April 23,2019 in Prenuptial Agreements

More and more people are beginning to understand the vast benefits a prenuptial or premarital agreement can offer an engaged couple. Prenuptial agreements, or prenups, are not just for celebrity couples or the rich. Just as a person who buys car insurance does not intend to get into an accident, signing a prenup does not mean that either party intends for the marriage to end. Prenuptial agreements protect both parties’ property rights in the event that the marriage does end in divorce, but can also provide other benefits aside from those gained during divorce. It is very important, however, that individuals creating a prenuptial agreement abide by the criteria set forth by Illinois law. A prenup that does not meet these criteria can become invalidated and essentially worthless at the time of divorce.

Soon-to-Be-Spouses Must Be Honest About Finances

Continue Reading ››

 Posted on April 16,2019 in Divorce

According to government data, approximately 23.5 million Americans have drug and alcohol addictions.  That works out to roughly one in 10 individuals in the United States over the age of 12. Alcoholism and drug addiction can rob a person of everything they hold dear in life, including their marriage. Of course, drugs and alcohol are not the only types of addictions that occur. Compulsive shopping, gambling addiction, and even sex and pornography addictions can also wreak havoc on a couple’s marriage. If you are considering divorcing your spouse who suffers from an addiction, there are several things you should keep in mind.

Consider a Legal Separation

If you are planning to divorce a spouse suffering from addiction, it is crucial that you take steps to protect your property and assets. Consider placing your money in separate bank accounts instead of a joint account. You may also want to remove your spouse as an authorized user on your credit cards. Generally, any debt which is accumulated after a couple has filed for divorce is not included in the marital estate and subject to property division during divorce, especially debts that were entered into for the benefit of just one spouse.

Continue Reading ››