Category Archives: Family Law

Hinsdale divorce lawyerDivorce can be complicated even for spouses who share very little marital property. When part of your marital or shared property is a business, ownership interests and other rights regarding the business will need to be divided in an equitable manner. There are a lot of considerations that must be taken into account when dividing a business incident to high-asset divorce. For example, you may consider whether one of you owned the business solely prior to marriage, or if one of you does a majority of the work in managing the company’s day-to-day operations.

Business valuation is likely to be an important step in the process so that both parties - and the court, if need be - are fully informed. While each situation is different, some spouses find it better to negotiate and work out how the business is to be divided amongst themselves with assistance from their attorneys. It is important to work with an attorney who has experience helping business owners get divorced. 

Tips for Equitably Dividing Interests in a Joint Business Venture

There is a multitude of considerations that may go into equitably dividing a shared business. You may want to consider: 

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DuPage County family law attorneyIn a recent blog, we talked about what to expect from divorce litigation. Taking a divorce case to court is certainly not everyone’s first choice. There may be an easier, quicker, and less costly way to resolve your divorce. Modern spouses have options like mediation and attorney-facilitated negotiation that may lead to an out-of-court settlement.

If you and your spouse are able to come to an agreement on each issue in your divorce, then you can file for an uncontested divorce. Courts will generally approve these agreements and finalize your divorce rather quickly. It can also be easier on the kids if their parents are able to work things out. Children generally have no involvement in the collaborative divorce process whereas in divorce court, they could be placed in the middle of the conflict. You do not even need to have direct contact with your spouse using some methods. 

Resolving Your Divorce Without Going to Court

Many spouses initially think that they are too much in conflict to come to an agreement, only to discover that these techniques are more effective than they thought. There is no real reason to rehash old disputes with your spouse or review the reasons you are getting divorced in most cases. A few of the techniques that may work for you and your spouse include: 

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Illinois domestic abuse attorneyOne of the best things you can do for yourself and your children if you are in an abusive marriage is to get out and file for divorce. It is a well-settled fact that spousal abuse tends to get worse over time rather than improving. Quite a few people who are facing spousal abuse have not yet identified that what their spouse is doing to them is a form of abuse. While hitting or hurting a spouse is always abuse, there are many different types of spousal abuse. If your spouse is engaged in any form of abuse, your odds of ultimately experiencing physical violence at their hands are increased.

It can be difficult to initiate divorce, and even more difficult to get through the entire process. However, coming out the other side and being free to pursue your own happiness is well worth it. If you are facing abuse, you should always tell your divorce attorney right away so that they can help you take any necessary steps to protect you. 

Spousal Abuse Takes Many Forms

Abuse happens on a spectrum, from milder forms to more severe types. Often, abuse starts out fairly light, and then progresses over time. Some of the forms that spousal abuse may take include: 

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illinois divorce lawyerIn a perfect world, divorcing couples would agree to go their separate ways after a calm, even-handed negotiation over property division, spousal support, and child custody. Doing so would save everyone from the time, money, and emotional distress that are spent in spades on divorce courtroom litigation. 

Illinois courts recognize the importance of trying to negotiate divorce issues peacefully and will encourage and even mandate some couples to attend mediation in an effort to avoid litigation. Nevertheless, not all divorce trials are avoidable, and sometimes, a court must intervene and make decisions on behalf of a couple. This is particularly likely in cases involving spousal or child abuse, financial duplicity, or in high-conflict, high-profile divorces. Here is a brief overview of what to expect if your divorce goes to trial. 

Illinois Divorce Trials

Divorce trials in Illinois are heard by one judge who is the finder of fact and the ultimate decision-maker. Generally, spouses are the only witnesses, although they may call expert witnesses in certain situations. Each spouse is entitled to their own legal representation and it is generally not advisable to represent yourself, especially if your spouse has an attorney. 

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b2ap3_thumbnail_shutterstock_759326239-1-min.jpgMaking compromises during divorce negotiations is difficult and bound to result in dissatisfaction on the part of most spouses. This is especially true when some or all of the issues in the divorce are decided by a judge, rather than by a couple negotiating the terms themselves. When someone feels like their divorce decree is unfair or even goes against Illinois family law, he or she may want to appeal the decree to see if some or all of it can be overturned. 

While it is important to maintain a hopeful perspective, it is also important to be realistic. Divorce appeals are rarely successful because they are predicated on the appeals court finding that the lower court made an error in applying the law. However, sometimes divorce decrees can be appealed, and if you are considering trying to appeal yours, it is important to know how the appeals process works.

When is it Appropriate to Try to Appeal a Divorce Decree? 

If everyone who was unhappy with their divorce decree could appeal, the higher courts would be clogged with petitions from recently divorced individuals hoping for a better marital asset distribution or more parenting time. But a divorce decree cannot be appealed for just any reason, no matter how biased a spouse may think it is. 

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