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For anyone going through a divorce, it can be an uncertain and unsettling time. This feeling can be even more intense for small business owners, who are not only concerned with the end of their marriage, but also the uncertain future of their business. If you are a business owner approaching a divorce, here are some basic items that will help you start to plan.
Businesses as Marital Property
There are a few different scenarios that can determine if a business qualifies as marital property and therefore would be subject to division during a divorce. If the business
Continue Reading How a Business Can Be Divided in an Illinois Divorce

Many marital disagreements and eventually divorces are caused by financial issues. This can be amplified during a divorce when matters of property and asset division, spousal support, and child support payments all hinge on correct and complete accounting of the couple’s marital estate. This should include all assets and debts as well as information about both spouses’ income and business value. This can be an even larger issue during a high-asset divorce, including those with substantial investment and retirement accounts.
If you suspect your spouse is hiding assets to prevent them from being divided in your divorce, you need
Continue Reading What If I Think My Spouse is Hiding Assets During Our Divorce?

Signing a prenuptial agreement before you walk down the aisle and say your “I do’s” may not seem like the most romantic idea. A lot of couples have the idea that a prenuptial agreement amounts to preparing for a divorce before you have even managed to get married. However, this is not the case. A prenuptial agreement in Illinois can do more than decide who gets what in a divorce. It can protect you during the marriage, and it can also serve you well in the event that your marriage lasts until one of you has passed away. Aside from
Continue Reading 3 Reasons You Need a Prenuptial Agreement

Retirement accounts can be among the most valuable pieces of marital property spouses possess. It is not uncommon for spouses to have much more money sitting in a 401(k) than they do in their regular bank account. Contributions made to a retirement account by either spouse during the course of a marriage are treated as marital property, just as each spouse’s earnings during the marriage are. Therefore, retirement accounts are subject to equitable division during divorce. However, splitting a retirement account is not always simple. If you know that you and your spouse will need to divide the funds in
Continue Reading How Are Retirement Accounts Divided During Divorce?

The COVID-19 pandemic aftermath has left many people financially overwhelmed. During the height of the pandemic, both federal and state governments provided financial assistance for many, as well as put many moratoriums in effect that prevented legal actions – such as evictions and utility shutoffs – for those who did not have the funds to pay these bills. While many of those moratoriums have been lifted and federal and state assistance has stopped, people are still left facing financial hardships. Bankruptcy may be the solution, however, it is critical to be aware that certain obligations associated with divorce are specifically
Continue Reading Can Child Support or Alimony Be Discharged in Bankruptcy?

The number one priority in a child custody case is the child’s best interest. In the vast majority of cases, the court will want a child to spend some time with both parents. Unless one parent presents a demonstrable risk to the child’s wellbeing, a shared custody situation is the most likely outcome. Using collaborative divorce to reach a custody agreement is often the best option. However, when this is not possible, there are a number of factors the court will consider in order to determine what type of arrangement would be best for the child. Your attorney will be
Continue Reading How Do Illinois Courts Decide Child Custody Issues?

Dividing up the marital estate in an Illinois divorce is often a difficult task, but when marital property includes valuable assets, this can make asset division even more complex. If you and your spouse have decided to end your marriage but have amassed many high-value assets, you may want to seek the legal assistance of a skilled Illinois high asset divorce attorney for help in reaching a fair and appropriate divorce settlement.
Equitable Distribution
Illinois is an equitable distribution state, meaning that all marital property is divided between the spouses in the way deemed most fair for each spouse’s situation
Continue Reading How to Divide Up High-Value Assets in an Illinois Divorce

It is estimated that there are just under 100,000 attorneys in the state of Illinois. With so many law firms to choose from, it is critical for a potential client to know how to weed out those attorneys who will aggressively advocate for them and those that simply want to settle up cases as quickly as possible and just collect their fees.
When a person is facing serious legal issues, it is important to find the best attorney for their situation. The first step is speaking with those attorneys who specialize in the client’s needed area of law. If you
Continue Reading Questions to Ask Your Illinois Divorce Attorney

In Illinois, legal paternity is not assumed, but rather, it must be affirmatively acknowledged. It is imperative that you understand how to establish paternity so that you do not wind up with limited rights to see your children. A failure to acknowledge paternity at the appropriate time can severely restrict your right not only to see the children, but to exercise a father’s rights with regard to their lives and welfare.

Illinois Paternity Process
The procedure to formally acknowledge paternity differs, depending on whether the father is married to the child’s mother. If the couple is married at the time
Continue Reading Why Is It Important to Acknowledge Paternity in Illinois?

In the United States, a woman is killed as a result of domestic violence every six hours. One in four women in this country will be a victim of domestic violence at some point in their lives. Statistics show that every nine seconds, a woman is battered by her partner. Seventy-five percent of domestic violence victims have children living in their homes. Studies show that the closer a woman is to leaving and divorcing her abuser, the more dangerous the situation becomes.
At Botti Marinaccio, LTD., our legal team is well aware of these tragic statistics. If you are a
Continue Reading Help for Illinois Domestic Violence Victims

It is fairly common when a person is going through a divorce to vent about their frustrations about their soon-to-be-ex on social media. Many people who do this believe that since they are in control of their privacy setting, what they are posting is not “public” view, not realizing that their spouse’s attorney can actually gain legal access to these posts if they feel it would be useful evidence in the divorce. This is why it is important to be cognizant of everything you post since it could end up costing you money or even parenting time.
Understanding the Full
Continue Reading What Qualifies as Social Media Evidence in an Illinois Divorce?

Many people would like to believe that once their divorce decree is final, they will never have to deal with their ex in a courtroom again. The truth of the matter, however, is that there are several issues that could come up that may necessitate a modification to the couple’s divorce judgment. Whatever the reason for the modification petition, there are requirements set forth by the state of Illinois that must be shown to the court to be granted the requested modification.

What Can Be Modified?
Under Illinois law, almost every part of a divorce decree can be modified
Continue Reading Modifications to Illinois Divorce Decrees

In today’s society, we see all types of blended families. There are often many different people who are involved in the raising of a child, including stepparents and grandparents. Unfortunately, it is also not uncommon for there to be a change in familial circumstances and because of the wishes of the child’s biological parents or other legal issues, these adults find themselves shut out of the child’s life. In some circumstances, they may have legal recourse under Illinois law.

Visitation and Blood Relatives
Under current Illinois law, a non-custodial parent is entitled to reasonable visitation rights unless the court determines
Continue Reading Do Illinois Courts Recognize Visitation Rights for Non-Parents?

It is not uncommon after a divorce for one parent or the other to make the decision to move from the area they were living in while the divorce was taking place. If the move will only be in the same municipality or close by, then it should not pose any issues regarding the parenting plan that the ex-spouses have. But how do Illinois courts address parental relocation when one parent wants to move further away, and how much say does the other parent have?

Moving Versus Parental Relocation
Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), there
Continue Reading How Do Illinois Family Courts Address Parental Relocation?

The process of untangling marital finances is complicated and often very messy. Divorce is already a tough process in many ways, but when significant financial issues are at stake, an already degrading relationship between spouses can quickly become hostile. Every divorce is different, with its own unique challenges and complexities, but there are certain steps divorcing spouses can take to prepare themselves financially for a high-asset divorce. 
Be Cautious When Acting on Advice
Everybody has an opinion when you get divorced. You may have a friend whose attorney recommended they take a specific action that yielded positive results; your
Continue Reading Three Tips to Help You Financially Prepare For Your Cook County High-Asset Divorce

Financial differences and disagreements are among the most common reasons couples cite for relationship breakdown. The inability to manage financial resources can lead to difficult and complex issues, such as debt or burdensome shopping habits, that can ultimately make a divorce inevitable. Perhaps surprisingly, higher-income couples with significant net worth are actually more likely to disagree about finances in ways that lead to divorce. If you are considering a divorce in Illinois and are worried that your spouse may take irresponsible financial actions, a financial restraining order may benefit you. 
What is a Financial Restraining Order? 
A financial restraining order
Continue Reading You May Want a Financial Restraining Order During Your Illinois Divorce if Your Spouse Does One of These Three Things