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During a divorce, the spouses’ marital property will need to be divided in a fair manner. Most of what a married couple owns belongs to both of them equally. If it was acquired during the marriage, it is probably marital property, regardless of whose income was used to purchase it. However, there are some types of property that belong to one spouse rather than the marriage.

The things that each spouse owns individually is their separate property, and it is not subject to equitable division during the divorce. One of the first steps in division of property is determining what
Continue Reading What is Separate Property in a Divorce?

You and your spouse are not getting divorced because you are getting along great and can easily compromise. When you and your spouse have irreconcilable differences, it can be hard to come to an agreement and file an uncontested divorce. One or both of you may have some desire to litigate your divorce to have your day in court. However, divorce litigation can be very expensive and it can drag your case out by months or even more than a year. This is why more and more couples are using alternative dispute resolution in order to reach a compromise on
Continue Reading Reaching a Compromise in Collaborative Divorce

No two child custody cases are the same. Just as every parent is unique, every child has unique needs. There is really no such thing as a “normal” child custody case, but some cases are more complicated than others. Illinois courts strive to put the child’s interests first by finding the type of custody arrangement that works best for the child. In most cases, this means some type of joint custody is the favored outcome.
In general, state courts prefer to allow a child some time with both parents. However, there are situations where a more standard custody arrangement is
Continue Reading 4 Factors That Can Complicate Child Custody

It can be very frustrating when your spouse is financially irresponsible while you prefer to be smart with your finances. Being married to someone who spends money like it is going out of style can have a lasting effect on your financial health. This type of marriage can harm your credit score and make it more difficult to secure loans or mortgages in the future. However, dissipation of marital assets refers to a very specific type of financial irresponsibility on the part of a married individual.

If your spouse has unilaterally taken a large amount of money that belonged to
Continue Reading What Is Dissipation of Marital Assets?

Being married to a narcissist can be horrible. Divorcing a narcissist can also be difficult. Narcissists believe that the world should revolve around them and that they should have the power to call all the shots. You may hear a form of narcissism colloquially referred to as “main character syndrome,” which likely rings true for you. Getting a narcissist to compromise on anything can be a huge challenge.
Narcissists are incredibly reluctant to make any type of concession when it comes to getting what they want. They may be willing to lie to get their way. They may lob false
Continue Reading 5 Tips for Divorcing a Narcissist

It is natural for any person coming out of a divorce to feel sad or depressed. Experts and individuals who have been through the process agree, while the short-term outlook may feel gloomy, it is a time to take care of yourself and chart a new, positive course for your life. By avoiding negative behavior and not feeling sorry for yourself, you will feel physically healthier and mentally ready to take on new challenges in your life.
Planning for Your Best Post-Divorce Life
Whether your divorce was a contentious battle or an amicable parting, you can seize the moment to
Continue Reading Seven Steps for a Positive Life After Your Divorce

During a divorce, the division of marital assets represents one of the most overwhelming aspects. Often, the fate of the marital home will be of utmost importance to both spouses. For couples with two or more properties, the divorce process can become more complex. To ensure that your interests are protected in a divorce, it is important that you work with a trusted and experienced attorney.
Property Division in an Illinois Divorce
In Illinois, joint marital property is divided between the spouses in an equitable manner. This means that the property and assets that the couple acquired while they
Continue Reading How Is a Second House Handled in an Illinois Divorce?

In recent years, the rate of couples over the age of 50 getting divorced has continued to grow. With a divorce later in life, couples are faced with different or more pronounced challenges than younger couples. They may not have to worry about decisions on child support payments or child custody arrangements, but older couples have generally accumulated more assets and are closer to retirement, placing greater importance on those factors.
Four Issues of Importance for Divorcing Older Couples
For divorcing couples who are closer to retirement and have more significant financial assets, it is important to work with a
Continue Reading Challenges Facing Couples Over 50 During a Divorce

After a divorce, the financial circumstances of both former spouses can change dramatically from their married life. During the divorce process, various factors go into determining whether one spouse will receive financial support from the other after the divorce is finalized. Factors considered by the court to determine whether spousal maintenance, also known as spousal support or alimony, will be awarded, include each spouse’s income, financial needs, present and future earning capacity, age, health, job skills, and the accustomed standard of living during the marriage. The length and amount of maintenance are based on both spouses’ income and how
Continue Reading I Am Getting Remarried. Will My Spousal Support End?

A spouse cheating can irrevocably impact a marriage and can lead many couples to divorce. For victims of an unfaithful husband or wife, emotions can run high, and focusing on the legal process of divorce can be understandably difficult. To provide the guidance that you need during a divorce from a cheating spouse, it is helpful to have a trusted lawyer by your side who can help you understand the process and focus on building a better future for you.
When Cheating Does and Does Not Affect a Divorce
When a divorce is caused by or involves infidelity, most
Continue Reading Can My Spouse’s Infidelity Affect the Divorce Process?

In the wake of a divorce, the final divorce judgment or decree will spell out both parents’ parental responsibilities and schedules for parenting time. While the plan considers the best interests of the children and the situation of the parents at the time of the divorce, the law recognizes that circumstances can change. The plans may be modified when significant changes occur in the lives of the parents or the children, including the relocation of one of the parents.
Relocation Requirements and Considerations in Illinois
Any move has the potential to impact the relationship between a child and
Continue Reading My Ex Is Moving. Will That Affect Our Parenting Plan?

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?