In Illinois, non-marital property refers to assets owned by one spouse individually. These assets are not subject to division during divorce proceedings. While marital property is divided equitably between both parties, the non-marital property remains with the spouse who owns it. However, it is essential to note that determining what constitutes non-marital property can be a complex process. 
Today, we are going to discuss what is most important to know regarding non-marital property in Illinois. If you are getting a divorce, contact an experienced divorce attorney who will work to ensure you understand your rights and that a positive outcome…
Continue Reading Important Things to Know Regarding Non-Marital Property in an Illinois Divorce

The dissipation of assets is a term used to describe the improper use of marital assets by one spouse before a divorce. In divorce cases in Chicago and elsewhere, the dissipation of assets can significantly impact the distribution of property and assets between spouses. If one spouse is found to have dissipated assets, a court may consider this when determining the division of assets in a divorce case. For a court to make a finding of dissipation, it must be shown that the assets were used for a purpose unrelated to the marriage and that the use of assets…
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When most people turn 18, the dawn of adulthood, it is generally assumed that individuals of this age accept the responsibilities and rights of legal adulthood. However, for adults with disabilities, turning 18 often presents new challenges, as they may be unable to control their own property, assets, and affairs. 
In other cases, an adult becomes disabled later in life due to Alzheimer’s disease or another serious medical condition. Adults with disabilities may be appointed a guardian to protect their best interests. 
The process of obtaining an adult guardianship can be complicated, as many difficult but necessary questions must…
Continue Reading What to Know About Adult Guardianships in Illinois

There is no question that divorce is rarely ever easy, regardless of how long you and your spouse have been married. However, if you and your spouse have been married for a long time, the drastic changes that come with divorce and the long list of things that must be sorted out will likely be more complex and burdensome than a married couple divorcing after just a year or two of marriage. Sometimes, a marriage may drag on for years or even decades because neither partner wants to deal with the divorce and all the issues that a divorce will…
Continue Reading Considerations for Divorces Involving Long-Married Spouses

Unlike a prenuptial agreement, a postnuptial agreement is a binding agreement spouses enter into after they are already married. Postnuptial agreements have the potential to resolve a great many issues in a divorce before they can become issues. Postnuptial agreements can address property concerns, spousal maintenance, and other matters. It is important retain legal counsel when considering a postnuptial agreement so you can be confident you are entering into a favorable agreement.
Postnuptial Agreements in Illinois
Postnuptial agreements are often used to differentiate marital property from non-marital property. In a divorce, marital property is divided between the spouses and non-marital…
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A Guardian Ad Litem (GAL) is an attorney appointed by the court in a case involving children such as a divorce or child custody dispute. The GAL’s role is to investigate the circumstances of the dispute and determine what he or she believes to be the child’s best interests.. A judge’s decision to assign a GAL depends on numerous factors. Often, a GAL is appointed when the judge wants further information and professional insight in a case. Either party in a child custody case or divorce may request a GAL. 
A GAL is often assigned in contested cases involving allocation…
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It is far from uncommon for either spouse in a divorce to try and hide certain assets while both parties are still in the middle of determining their property’s value. Illinois is an equitable distribution state, meaning that assets in a divorce are split equitably, which might not necessarily mean equally.
The size of assets being hidden can vary, but it can be a good idea to take a closer look if you believe your spouse could be hiding assets. A further of an examination of certain factors can occasionally lead to a surprising finding.
Ways Spouses Hide Assets
Every…
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When a married couple knows their relationship is on its way out, divorce often seems like the only logical option. Legal separation is another type of separation you can file in court to recognize that you will now be living apart, but it does not have quite the same final effect as a divorce.
Legal separation can be particularly helpful for married couples who have important health insurance benefits dependent upon the couple remaining married. It can also benefit people who may belong to a religion forbidding divorce or who are just not sure whether divorce is quite right yet.
Continue Reading Understanding How Legal Separation Works in Illinois

Retirement funds and pensions can be some of the most valuable assets owned by a married couple, and ownership of these assets will need to be addressed during a divorce. In Illinois, these assets are subject to equitable distribution. This means that they will be divided fairly, but not necessarily exactly equally, between the divorcing spouses. When making decisions about these assets and taking steps to transfer or allocate funds between spouses, it is important to follow the correct procedures. A qualified family law attorney can provide invaluable guidance and ensure that a person’s rights and financial interests…
Continue Reading How Are Retirement Funds and Pensions Handled in an Illinois Divorce?

If you and your spouse have decided to divorce, you will be tasked with creating a child custody agreement that will work for both of you as well as for your child. You will want to make sure that you have a solid parenting plan in place so that there are stability and routine for your child during this time of transition. One issue that you may have to consider is whether the right of first refusal should be included in your child custody agreement.
The right of first refusal is the right of one parent to be given…
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In the past, most spouses resolved their divorces in court through litigation. It was frequently a strenuous process, even for those in less contentious relationships. Today, collaborative divorce techniques provide an effective alternative to divorce litigation. While amiability can be helpful in reaching a satisfactory compromise on each issue, it is not necessary. Even warring spouses can avoid the stress and cost of litigation by using alternative dispute resolution methods that do not require them to work together directly. Attorney-facilitated negotiation and certain styles of mediation can work well for those who cannot hold a civil conversation or tolerate…
Continue Reading Is Uncontested High-Conflict Divorce Possible?

When you have been married for a very long time, divorce can be a drastic change for you and your entire family. It can be challenging to go from being partnered to living solo after a long-lasting marriage. Yet for many spouses who divorce after decades of marriage, the divorce has been a long time coming. You may have felt that your marriage was no longer working out years ago, but delayed your divorce for a number of reasons. Some spouses wait until their children have flown the coop, or spend years separated without actually ending the marriage. 
There are…
Continue Reading Divorce Concerns for Long-Married Spouses

It has become a common trope in movies and music to portray a wealthy person who gets married and subsequently divorced losing half of his—usually the subject is a man—property to his ex-spouse, regardless of the fact that he owned most of the same assets at the time of the marriage. While such a cliché situation is technically possible under the law in some states, the reality in Illinois is generally much different.
Fair Does Not Always Mean Equal
Property division following a divorce in Illinois can be rather complicated, as the law requires marital assets to be divided according…
Continue Reading Understanding Marital and Non-Marital Property in an Illinois Divorce