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There are emotional and financial challenges involved with any divorce, but some parties will also need to incorporate strategies for tax matters when ending their marriage. Specifically, there can be taxable events and other tax-related issues that arise with the division of marital property.
The different transactions and ownership changes that result from a dissolution of marriage may trigger the Internal Revenue Code section on capital gains and losses, particularly related to the marital home. Without proper planning and attention to detail, you could end up paying more than you should to the IRS.
As such, it is critical
Continue Reading How to Reduce Capital Gains Tax Selling the Marital Home

Next to alimony and care for minor children, property division is one of the primary issues that all couples will face when going through a divorce in Illinois. Illinois divorce laws provide that assets are subject to equitable distribution.
This generally means that items will be divided between the parties according to the interests of fairness. In some cases the process seems relatively clear-cut with respect to certain real and personal property, such as the family home, vehicles, and financial assets.
Ownership in an Illinois business, however, is an entirely different, far more complex matter. Even the initial
Continue Reading How do You Divide Illinois Business Assets in a Divorce?

While it is encouraging to know that the overall divorce rate in the US is at a 50-year low, a closer look at the data reveals a shocking trend. Recent US Census Bureau figures indicate that the dissolution of marriage rate is highest among individuals aged 55 to 64, a phenomenon familiarly known as “gray” divorce or “silver splitting.” If you are contemplating divorce after 50, you probably expect certain challenges with asset division and alimony. The length of the marriage, age of the parties, and many other factors impact these issues.
However, an Illinois gray divorce encompasses many other
Continue Reading Divorce After 50 and Their Unique Issues

While it is true that every divorce case is different, there is one common issue that most parties going through the process will face:

  • Addressing the property that you share
  • Divvying up these items according to state divorce laws
  • There are generally two legal approaches to assets in divorce:

  • Community property
  • Equitable distribution
  • Illinois falls into the second category. In general, the process for dividing assets under Illinois equitable distribution statute revolves around the concept of fairness. However, the underlying details make property division more complex than you might expect.

    You should trust a Chicago divorce attorney
    Continue Reading Understanding Illinois’ Equitable Distribution in a Divorce

    The school year is underway for children throughout the Chicago area, and many families continue to adjust to the new schedule to accommodate classes, sports, and other activities. For co-parents who share custody, the start of school might also mean addressing your Illinois parenting plan. The arrangement that was in place over the summer may not be workable now that children have a different structure. Plus, the holidays and vacations that are closely tied to school will impact your family over the next few months.
    It can be difficult to anticipate the exact details to include in a parenting plan
    Continue Reading Parenting Plan Must Haves: Schedules for School, Holidays, and Vacations

    When their marital relationship breaks down and spouses are looking at options for ending the marriage, most will immediately turn their thoughts to divorce. What you may not realize is that legal separation could be a route to consider, depending on your situation and objectives.
    The concept once referred to the period of time a couple lived apart before divorcing, which is why there is some confusion about separation. Additional misunderstandings arise because the relevant statutory sections fall under the Illinois Marriage and Dissolution of Marriage Act, even though the statute on legal separation does not legally end your
    Continue Reading What is the Law Regarding Separation in Illinois?

    Regardless of whether parents are in an intact relationship and living under one roof, both will have child support obligations under Illinois law. It is typically the nonresidential parent who will have to pay, as the residential parent is presumed to be contributing financially with the child living in his or her home.

    However, beyond this general arrangement, the legal details under Illinois child support laws are far more complex. The state recently enacted legislation that implements a child support income shares model, which bases support obligations upon the financial situation the child would have enjoyed had parents remained
    Continue Reading Child Support Income Shares Model Calculator

    Marriage has always been a legal relationship in addition to being a personal one. As a result, there are certain requirements involved with the Illinois divorce process just as there were leading up to your wedding day. At one time, you needed to prove that you had grounds for divorce in Illinois as a reason to end the marriage.
    Parties had to include allegations regarding adultery, cruelty, abandonment, or other misconduct defined by law. However, changes to the Illinois statute on the dissolution of marriage eliminated the need to have a reason for divorce. Now, you must simply state
    Continue Reading Do I Need Grounds for Divorce in Illinois?

    The legal concepts that apply to many aspects of your life are constantly evolving to accommodate changing times. The same is true for Illinois’ statute on child support. The basic duty to support has not been altered significantly, so both parents are still obligated to provide for their children. The amount runs according to statutory child support guidelines, which consider:

    • Each parent’s income.
    • The number of children to be supported.
    • How many overnights the child spends with the non-residential parent
    • Many other factors. A judge can deviate from the statutory formula under appropriate circumstances, allowing for some flexibility.

    Continue Reading Child Support Laws in Illinois

    After a divorce that involves minor children, one parent is typically ordered to pay child support, as well as other expenses related to their education, healthcare, and other costs. Child support is expected to help the other parent to pay for the child’s daily expenses. If you believe you are no longer responsible for paying support, it is important to speak to a child support lawyer in Chicago that can help you petition to terminate child support.
    Terminating Support Upon the Age of 18
    It is a common misconception that child support is automatically terminated after a child turns 18
    Continue Reading Petition to Terminate Child Support in Illinois

    In Illinois, the concept of ‘child custody’ is now referred to as the ‘allocation of parental responsibilities.’ Under Illinois law (750 ILCS 5/602.5), state courts are required to “allocate decision-making responsibilities according to the child’s best interests.” As a general rule, Illinois courts presume that it is best for a child to have an active, ongoing relationship with both parents.
    However, there are exceptions. Unfortunately, some parents are simply not fit to provide care for a child. This raises an important question: How do you prove someone is an unfit parent in Illinois? In this article, our child
    Continue Reading How Do You Prove Someone is an Unfit Parent in Illinois?

    During or after a divorce, the financially advantaged spouse may be required to make alimony (spousal maintenance) payments to their former partner. In Illinois, there are several different types of spousal support, including:

    • Temporary alimony
    • Reviewable alimony
    • Fixed term alimony
    • Indefinite alimony

    Both fixed term alimony and indefinite alimony can last for many years. However, these payments may stop early if the receiving spouse remarries or enters a new cohabiting relationship. Here, our spousal support lawyer in Chicago provides a more detailed explanation of what happens when the spouse who receives alimony moves in with someone new.
    Cohabitation With
    Continue Reading Does Alimony Stop When You Live With Someone?

    What Do You Need To Know Before You Call A Divorce Attorney?
    Being prepared for a conversation with an attorney, especially an initial conversation, is probably very helpful to both the potential client as well as the attorney. The attorneys will want to be focused on facts and issues that will be relevant in the case. As a general rule, an attorney doesn’t need the entire history of a party’s life or marriage, , this is especially true for marriages that span 10-20 years or more.
    The kinds of issues in a particular case will be the driving force
    Continue Reading More Divorce Questions People Also Ask In Illinois

    Parents who are going through a divorce or a child custody case often have questions about how Illinois parental responsibility law handles a child’s preferences. In other words, can a child’s preference for custody play a role in determining the allocation of parental responsibilities? If so, you might also be wondering if there is a specific age at which a child can refuse child visitation in Illinois. Generally speaking, Illinois law does not set one specific age at which a child’s preference can play a role in determining custody or the allocation of parental responsibilities. Instead, the court may consider
    Continue Reading At What Age Can a Child Refuse Visitation in Illinois?

    If you are planning to file for divorce in Illinois, but you know your spouse does not want to move forward with the divorce, you may be wondering how Illinois divorce law handles such cases. In other words, you might want to know: Do both parties have to agree to divorce in Illinois?
    While a divorce case may be able to move more quickly and smoothly when both parties agree to the divorce and all terms of the dissolution of marriage, you should know both spouses do not have to agree to divorce in order for a divorce
    Continue Reading Do Both Parties Have to Agree to Divorce in Illinois?

    Getting divorced in Illinois will result in all marital assets and debts being divided equitably between the spouses. Since Illinois is an equitable distribution state, the court will look to a variety of applicable factors to determine what a fair or equitable division of the property looks like based on the specific circumstances of the parties involved in the divorce. Yet in order to consider how to get to the stage of an equitable division of assets in divorce, the court must first classify all property as either non-marital or marital property, recognizing that only marital property will be subject
    Continue Reading Division of Assets in Divorce Worksheet