Recent Blog Posts
Is Your Spouse Committing Financial Fraud During Your Divorce?
While uncommon, financial fraud does occur during divorce. In most cases, one spouse attempts to hide or misrepresent assets, and their actions, if successful, can lead to an unfair divorce settlement. How can you tell if your spouse is hiding money from you, or trying to scam you out of a fair settlement in some way? There are a few common red flags that can indicate your spouse is being shady with your finances, and a few places you can turn to for help. The first step is recognizing that the problem is occurring.
Warning Signs
If you and your spouse are about to divorce, or already in the midst of the divorce process, you may be dealing with some unresolved emotions. Anger, betrayal, frustration, and sadness are common. If your spouse was unfaithful or asked for a divorce out of the blue, your trust in them may be shaken. What else have they been keeping from you? Are they trying to skew your divorce settlement, or commit some other type of financial fraud? If you have a solid grasp on your family’s finances and do not notice anything out of the ordinary, it is unlikely any fraudulent activity is taking place. The more complicated your shared finances are, however, the more chances your spouse has to commit fraud against you. The more places you have assets stored, the easier it is for your spouse to be fraudulent. Divorce experts say to pay attention to these few key indicators:
What to Expect From Your Initial Consultation With a Divorce Attorney
Choosing to consult a divorce attorney can be a difficult decision. Many people hesitate to seek help, as they may feel their marital problems are unsolvable, or that they failed at their relationship. In reality, an initial consultation with an attorney is just that - a chance to learn more about your options without being committed to anything. Simply meeting with an attorney does not mean you are locked into a divorce, but an experienced attorney will be able to present to you your future options should you choose to proceed.
People often wonder what their first meeting will be like, and for many individuals, a consultation with a divorce lawyer may be the first experience they have with an attorney of any kind. While you should not feel nervous or uncomfortable, you should come prepared to be honest and inquisitive. Prior to your first consultation with an attorney, consider these steps for preparing yourself.
Are Postnuptial Agreements on the Rise?
According to a recently released survey by the American Academy of Matrimonial Lawyers (AAML), 50 percent of divorce attorneys nationwide report an increase in couples seeking postnuptial agreements. You have likely heard of prenuptial agreements, documents that couples draft before their marriage that detail what should happen in the event of divorce. Lawyers across the country recommend prenuptial agreements, and say that, while nobody enjoys discussing a divorce before their marriage, the documents help couples avoid potential marital conflicts before they arise. In Illinois, a prenuptial agreement can cover a variety of topics, such as property division and inheritance matters. A postnuptial agreement serves a similar purpose but is accessible to couples after they are married.
Why Get a Postnuptial Agreement?
Men Are Victims of Domestic Violence Too
When thinking about domestic violence, our minds tend to picture a female victim on the receiving end of emotional or physical abuse. While the numbers on female domestic violence victims are certainly startling, domestic violence advocates across the country are hoping to bring attention to the fact that domestic violence affects men as well. Men in same-sex and heterosexual relationships can and, unfortunately, often do become the victims of domestic violence. In fact, according to the National Intimate Partner and Sexual Violence Survey conducted in 2010, one American man is abused by a spouse, intimate, or domestic partner every 37.8 seconds. That is over three million male victims each year in the United States alone. Those numbers may pale in comparison to statistics on female domestic violence victims, but advocates believe the issue still deserves more attention.
Divorce Through an App?
As smartphone apps like Tinder and OkCupid continue to gain popularity, dating in America has become increasingly digital. Most of us know a happy couple who met and fell in love through a dating app, and many of those relationships lead to happy marriages. Not all of these apps, however, are about finding love. A group of new companies are hoping to simplify another aspect of relationships: separation. Companies like Wevorce and Separate.us now offer users the ability to divorce their spouse through an app on their smartphone or tablet, and at a much lower cost than a typical divorce. Can the complex divorce process really be navigated via an app?
Divorce Online
Promising to keep couples from paying large legal fees, new start-ups like Wevorce and Separate.us allow users to navigate the divorce process for a significantly smaller fee. A simple "traditional" divorce with assistance from an attorney can still be relatively inexpensive, as little as $2,500, according to John Slowiaczek, the president-elect of the American Academy of Matrimonial Lawyers. These divorce apps, however, purport to offer couples solutions for under $1,000. Wevorce, for example, has a step-by-step guide that helps users navigate the divorce process, complete with mediators who are accessible through video-conferencing. Wevorce’s packages start at $749. Another company, Separate.us, makes it possible for users to divorce for as little as $1,000, depending on the circumstances of their divorce. These companies aim to help couples divorce without legal representation, which is where the high costs typically associated with divorce often come into play. Divorce, however, is complicated, so can couples really trust these apps? In some cases, maybe, but they are not for everyone.
Divorce Lending in the United States
High net-worth divorces can become complicated for a number of reasons. Take, for example, a case where two spouses marry but make different lifestyle choices. One spouse pursues a career and amasses wealth while the other focuses on raising children and maintaining the household. The money-earning spouse asks for a divorce, and suddenly, the other spouse has no access to funding to finance her side of the divorce. Should the ‘non-monied’ spouse be left at a disadvantage? Now, financiers hoping to profit off of the high divorce rate in the United States have spearheaded a new industry known as “divorce lending,” which has risen in popularity, especially in high net-worth cases.
How Does Divorce Lending Work?
Major divorce lenders have spread across the United States, each with a varying method of supplying their clients with funds to finance their divorce and living expenses. BBL Churchill, one of the major players in the divorce funding industry, offers its clients loans and charges interest on them. Balance Point Funding, out of Los Angeles, funds their clients and then takes a cut of any marital assets that are won. Those in the divorce funding industry says the goal is to help clients fight for themselves and ensure that they do not settle too early.
When Co-Parenting, Consistency is Key
Adjusting to life as a co-parent can be challenging. While you and your spouse were once a united parenting front, you will now need to employ patience and cooperation while parenting with your ex whose parenting style may differ greatly from yours. It can be troubling to watch your children be influenced by a parent whose values do not match yours, but what can be done? Consistency is the key to good co-parenting, and makes the divorce adjustment process much easier on children as well. Talk to your spouse about the importance of consistency as you two move forward as co-parents in the wake of your divorce.
Why Is Consistency Important?
Consistency allows for the smoothest divorce transition possible. Co-parents are encouraged to maintain the same routines, household rules, and habits that they previously established in their shared household. This makes the divorce process much easier on the children, who can become easily confused if rules at mom’s house are different than the rule’s at dads house. In a difficult time of transition, like divorce, children need consistency to provide some sense of normalcy.
Tips to Keep in Mind When Asking Your Spouse for a Divorce
Divorce can be a touchy subject. If you are considering a divorce, you are likely nervous about how to bring up the subject with your spouse. Asking for a divorce can be one of the most challenging things you will ever do in your life, so it is important that you proceed with caution. The goal should be to discuss the subject openly and honestly, and prepare yourselves for an amicable divorce process. While asking your spouse for a divorce may be difficult at the time, it may be the first step to bringing both of you greater happiness in life. Recently, a few marriage and divorce experts from across the country shared some dos and don’ts to keep in mind when broaching the subject of divorce with your spouse.
Pick a Good Time
Marriage and divorce specialists say that choosing an ideal time to have the divorce discussion with your spouse is extremely important. Pick a time where both of you can talk, uninterrupted and free from distractions. Turn your phones off, make other arrangements for the kids, and allow yourselves space to have an honest conversation. Avoid casually dropping that you would like a divorce. All too often, one spouse will say they want a divorce during an argument or another tense situation, and this only sets the stage for further conflict during the process.
Victims of Domestic Violence: An Order of Protection Can Help
Domestic violence is a major issue in America, and despite growing awareness and media coverage, many victims across the country suffer without help. Some victims fear they will not be believed if they report the abuse. Others fear retaliation from their abuser. In just one day, domestic violence hotlines across the country receive over 20,000 phone calls. In Illinois, victims of domestic violence do not need to suffer. An order of protection can help victims of domestic violence escape their abuser and stay out of harm's way while additional help is received.
Orders of Protection in Illinois
Victims of domestic violence are eligible to get orders of protection in Illinois. These orders prevent an abuser from further harming the victim, and may include other restrictions. The order may require that the abuser to stay away from the victim and their other family members, may limit their communication or prevent communication completely, and could restrict any potentially abusive behavior such as harassment or stalking. An order of protection, depending on its requirements, may also order the abuser to take actions to better themselves, such as attending a treatment program or counseling session. They can also require abusers to pay child support.
Tips to Keep in Mind When Preparing for Your Divorce
Even couples expecting an amicable divorce should prepare for unexpected turns. Divorce is challenging, both emotionally and financially, and those about to file for divorce should take steps beforehand to prepare themselves for the process. Give yourself an advantage heading into your divorce by following these tips to help you feel empowered and ready for the proceedings.
Understand Your Financial Situation
If you are hoping to keep your divorce as short as possible, it is in your best interest to build an understanding of your household’s financial situation before filing. Attorneys say that all too often their clients come in lacking important information on their finances, and searching for them after filing with only lengthen the process. Instead, it is recommended to gather important financial documents, things like tax returns, credit reports, and financial statements before you initiate the divorce process. In doing so, you and your attorney can immediately begin devising a plan. If possible, gather your information from outside sources, like a business manager or accountant, to ensure you are getting the most detailed information you can.