Family & Divorce

In Illinois and throughout the country, same-sex couples now have the right to marry, and with that comes the right to adopt or raise a child together. However, this also means that should these couples choose to separate or divorce, they can face complex child custody disputes.
If you are an LGBT parent facing a child custody dispute, it is important to understand your rights under the law. In Illinois, parents have equal rights when it comes to making decisions about their children’s upbringing—regardless of their sexual orientation or gender identity. This blog post will explain the legal framework surrounding
Continue Reading Navigating Child Custody Disputes Involving LGBT Parents in Illinois

In a recent post on this blog, we discussed what people need to know regarding uncontested divorce in Illinois. This time, we will talk about things that are essential to know about contested divorce. Firstly, a contested divorce occurs when the divorcing parties cannot cooperate effectively, to the point where litigation may be required. Contested divorces can begin from many places. For instance, divorce proceedings may begin amicably and become contested, whereas in other cases, the divorce may have been rife with conflict from the very beginning. 
Whatever the case, contested divorces are often quite time-consuming and expensive.
Continue Reading What to Know About a Contested Divorce in Illinois

Losing a loved one in an accident brings not only deep sadness and grief but also a sense of injustice – especially if the death of a family member occurred as the result of another’s negligence. When an Illinois resident dies due to someone else’s carelessness, legal options may be available for the surviving family members.
The two primary types of legal claims that can be brought by a decedent’s family are wrongful death claims and survival actions. Both are means of pursuing monetary damages after an avoidable death.
Taking Legal Action Under the Illinois Wrongful Death Act
Under the
Continue Reading What Is the Difference Between a Wrongful Death Claim and a Survival Action in Illinois?

When a marriage breaks down, there is always a loss of trust. Verifying the details of your spouse’s life requires a full disclosure from your spouse…and verification of the details from third parties.

In an Illinois court of law, verification of facts from third parties is done via subpoena.

A subpoena is “a writ or order commanding a person to appear before a court or other tribunal, subject to a penalty for failing to comply.” Black’s Law Dictionary (11th ed. 2019)

Most subpoenas will substitute a person actually coming to court for merely providing the records requested of them.

In
Continue Reading What If My Subpoena Is Not Answered In My Illinois Divorce?

A major concern within divorce cases that involve families with children is that divorce is widely known to have a significant impact on children, an impact that is rarely a positive one. As a result, issues related to child custody are navigated with the utmost seriousness, as many decisions made regarding child custody will, in all likelihood, play a major role in the development of the children involved. Many questions need to be answered when deciding which parent a child will live with once the divorce has been finalized. 
In Illinois, a court will determine the child’s “best interests.” Many
Continue Reading Can a Child Choose Which Parent He or She Lives With? 

When a married couple files for divorce, there are many important decisions that need to be made before their marriage can be legally dissolved. Many of the most important considerations will be related to the division of marital assets and debts. The process of dividing marital property can be complicated, especially when a couple has a high net worth or owns complex assets. When negotiating a divorce settlement that fully addresses all of a couple’s assets and debts, as well as other financial issues, it is important to understand the different factors that will need to be taken
Continue Reading 5 Issues to Address When Negotiating a Property Division Settlement

In Illinois, breath alcohol tests or “breathalyzers” are commonly used to assess a driver’s blood alcohol concentration (BAC). If someone’s BAC is over 0.08 percent, they are intoxicated per se, or intoxicated according to the law. A BAC over the legal limit is not always required for a drunk driving conviction. However, having a BAC of 0.08 percent or more will certainly make the chances of conviction much more likely.
Many people have questions about the accuracy of breathalyzer tests. They may have heard rumors that these devices can be incorrect or even that diets like the keto diet can
Continue Reading Can the Keto Diet Really Lead to a False Positive on a Breathalyzer? 

One of the most challenging aspects of divorce is the need to divide assets and debts that a couple has accumulated during a marriage. A divorcee’s long-term financial stability can feel threatened by this process, as a typical divorce leaves both partners with less in asset ownership and cash savings than they had before the divorce. Naturally, this can have implications for retirement.
Those interested in getting divorced can rest easy, however, knowing that certain things are not changed by divorce. One of these is Social Security benefits, a major piece of one’s overall financial picture. Understanding what your benefits
Continue Reading Will I Need to Split Social Security Benefits with My Ex-Spouse?

When parents are pursuing a divorce, the most contentious issues that must be resolved are often related to issues regarding child custody. It is common for divorcing parents to disagree with each other on matters relating to their child. Which parent will be responsible for specific parental responsibilities, where will the child’s primary residence be, and transportation arrangements are common questions many parents getting divorced need to answer. As all these questions swirl around, it is easy for parents to get caught up and forget the most important thing: what is best for their child? 
 
Suppose parents
Continue Reading What to Know About Guardian ad Litems in Illinois

Regardless of whether you have recently started the divorce process or have completed the process before last year ended, you will need to think carefully as you prepare to file taxes. Notably, your filing options will depend mainly on factors such as the date of your divorce and terms of the divorce agreement. While getting a divorce is undoubtedly challenging, hiring a highly knowledgeable divorce attorney to help guide you through the process can make it as seamless as possible. 
What to Know About Married Filing Jointly
If you are still married at the end of the tax year, you
Continue Reading Tax Considerations to Be Aware of During Your Illinois Divorce

No matter what your marital arrangements look like, parenting involves making significant sacrifices for your children. Unfortunately, some parents end up making major economic sacrifices to raise their children by staying home to provide childcare and then are left in a vulnerable position when they need to file for divorce. If you are in this situation, understanding your options for getting divorced is an important part of protecting yourself now and in the future.
Temporary Spousal Support
When only one spouse works outside the home, that spouse often ends up controlling most or all of a couple’s finances. That
Continue Reading How Can a Stay-At-Home Parent Get Divorced Without Money?

Kogut & Wilson announces that Super Lawyers recognized four firm attorneys on the 2023 Illinois lists for their work in family law:
Super Lawyers

Rising Stars

After being selected to the Rising Stars list for the last ten years, Bryan was named to the Super Lawyers list in 2023. Kirsten was newly named to the Rising Star list this year.
Using a multiphase process that includes peer nomination, evaluation and independent research, Super Lawyers identifies top attorneys from over 70 practice areas and all 50 states annually.
Attorneys
Continue Reading 2023 Illinois Super Lawyers Lists Features Four Kogut & Wilson Attorneys

When spouses can agree on the terms of their divorce and avoid a trial, they can save significant time, money, and frustration. Depending on the circumstances of a divorcing couple’s life, the spouses may need to address the division of assets and debts, the allocation of parental responsibilities, parenting time schedules, spousal maintenance terms, and other crucial issues before they can finalize the divorce.
Reaching an agreement between two divorcing spouses is rarely easy. If you are getting divorced and you plan to negotiate an out-of-court agreement with your spouse, the following negotiation techniques may help.
Negotiating a Divorce Settlement
Continue Reading Negotiation Techniques to Use in Your Illinois Divorce Case

When a couple gets married, they inevitably combine their finances, property, and personal belongings. Unfortunately, this becomes a point of vulnerability in some divorce cases. If one spouse feels they have been wronged, they may use the shared property to take revenge on the other spouse. A spouse intent on exacting revenge may smash the other spouse’s record collection or sell their property without permission. They may drain the joint savings account during a vacation with a new lover, intentionally wreck a shared vehicle, or take other vengeful actions out of spite.
If your spouse has sold, destroyed, or wasted
Continue Reading What Can I Do If My Spouse Sold, Destroyed, or Wasted My Property During Divorce?

 Divorce can be demanding and taxing, especially when there is suspicion of hidden assets. The main reason someone would consider hiding their assets and finances during a divorce would be to minimize any financial losses that a spouse may suffer due to the split. 
Having a divorce attorney by your side can help you uncover important documents and financial records so your divorce settlement is based on accurate financial information. While a spouse may be able to ask for these things alone, there is no guarantee that they will be given truthfully. An attorney can request these documents using
Continue Reading How To Find Hidden Assets During a Divorce 

While the overall divorce rate has been declining, one type of divorce is on the rise: so-called “gray divorce.” Divorcing adults over the age of 50 are divorcing at rates significantly greater than other age groups. The reasons for this discrepancy are as varied as the reasons that couples get married in the first place. Some gray divorces are a result of years of pent-up dissatisfaction, whereas others are a result of changing life circumstances, differing goals, infidelity, a lack of intimacy, or countless other reasons.
Regardless of the reasons for divorce, gray divorces are typically more complex than divorce
Continue Reading How Collaborative Law Can Benefit You During a Gray Divorce