Category Archives: Family Law

Illinois divorce attorneyWhen a couple ends their marriage in divorce, separating their lives from each other can become very complicated. The process will require the resolution of a number of issues, including determining how to divide property, allocate parental responsibility, and calculate the amount and duration of child support or spousal maintenance. When couples have a large amount of assets, the complexity of these matters can increase exponentially, and mistakes made during a high net worth divorce can have long-lasting consequences. During a high asset divorce, couples should avoid making these mistakes:

  1. Not hiring a financial advisor. A high net worth divorce often involves a number of complex financial issues, including real estate, business valuation, and pensions, investments, and retirement accounts. In order to gain a full understanding of what both spouses own, earn, and owe, a financial expert’s assistance is often required. By consulting with a financial advisor at the beginning of the divorce process, couples can avoid unexpected complications and resolve financial issues as smoothly as possible.

  1. Hiding assets. Spouses in high net worth divorces may try to transfer some of their assets to a child or relative to avoid dividing these assets with their spouse, or they may try to keep from disclosing the full extent of their earnings in order to reduce the amount they will pay in child support or spousal support. Attempting to hide assets is not only illegal, but spouses who try to do so will lose their credibility and be at a disadvantage in any disputes that arise during the divorce process. It is important to provide accurate, complete financial information during divorce, which will allow the process to be completed more quickly and efficiently.

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Illinois divorce attorneyAccording to the National Institute on Alcohol Abuse and Alcoholism (NIAAA), over 15 million adults in the United States suffer from an alcohol use disorder. Alcohol abuse can be a major factor in divorce; studies have shown that people with an alcohol use disorder in either the past or present are more likely to get divorced.

Alcoholism can greatly complicate a divorce, so if your spouse has an alcohol use disorder, you should be aware of the following issues:

Fault During Divorce

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Illinis divorce lawyerCommon wisdom states that 50% of all marriages end in divorce, although this isn’t exactly true. While the actual divorce rate is difficult to determine, it is likely somewhere between 40 and 50%. And that is not the only misconception people have about divorce. Since few people plan for divorce, they are often unaware of the legal aspects that come with dissolving their marriage. Here are some other myths that have sprung up around divorce:

  1. Adultery is a factor in property division - Illinois is a “no-fault” divorce state, meaning the only reason necessary for divorce is that spouses have “irreconcilable differences.” Whether one spouse cheated on the other has no bearing on how marital property is distributed between the spouses. The one exception to this is if a spouse dissipated marital assets (that is, they spent money or incurred debt) while pursuing an affair, in which case the allocation of assets and debts during divorce may be adjusted to compensate for this dissipation.

  1. The wife will get custody of the kids - In the past, husbands often acted as the breadwinner for their family, with wives staying at home to raise the children. This meant that wives would often retain primary custody of children following divorce. However, times have changed, and in most modern marriages, both parents work and share parental responsibilities. Child custody arrangements will likely reflect parents’ roles during the marriage, with either the mother or father having primary custody, or parents sharing parenting time equally.

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Illinois divorce attorneyDivorce can be a lengthy, difficult process, and by the time you and your ex-spouse go to court to enter your final divorce decree, you are likely ready to move on to the next phase of your life. However, this is often easier said than done. Disentangling yourself from a partnership that defined your life during the years of your marriage can be a complicated, emotionally draining process, and once you do so, you may feel adrift. But by following the tips below, you can not only make it through this difficult time, you can become even stronger:

 

  1. Take care of yourself. Make sure to practice self-care, taking at least a few minutes each day to do something you enjoy. Maintaining your health and appearance might be the last thing on your mind, but taking care of your body by getting some exercise and spending time for yourself can help you establish a routine that will allow you to move forward as you restructure your life.

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Illinos child support lawyerIn July, Illinois put into a place a new way to calculate child support obligations. The new method takes into consideration the amount of time each parent spends with the child as well as each parent’s income.

Previously, the non-custodial parent paid the custodial parent a percentage of income based on the number of children being supported. Under the new model - called the income shares model - there are more factors, leading to a more complicated calculation that may increase or decrease the amount of child support paid each month.

In situations where one parent has a majority of the parenting time (or custody), the calculation is made as follows:

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