Category Archives: Family Law

Hinsdale Divorce AttorneyDivorces involving spouses from two different countries may present the issue of dividing assets owned by one or both spouses in a location other than America. This can present a number of complications for an Illinois divorce because if a spouse is determined to hide international assets or lie about their value, it can be difficult to find or assess the exact value of an asset. Fortunately, attorneys with experience with dissolution of arranged marriages can help spouses who own complex assets overseas divide their assets fairly. 

Is a Foreign Asset a Marital Asset? 

Whether a piece of property, bank account, or investment is owned in the U.S. or abroad, if it was earned or purchased during a marriage using marital funds, it is marital property. There are some exceptions, however–anything inherited generally remains the personal property of the inheriting spouse; likewise, if a spouse purchased an asset with inherited funds, that asset may be that spouse’s personal property. If a couple signed a prenuptial agreement protecting certain assets, as long as the prenuptial agreement is fair and reasonable, it will also be protected during the divorce. 

How Are Foreign Assets Valued? 

In a best-case scenario, spouses will agree about the value of international assets. However, if spouses disagree, one or both spouses can hire an appraiser to independently verify the value of an asset and testify before an Illinois judge if necessary. Unfortunately, Illinois judges do not have jurisdiction over courts in other countries, making it difficult to enforce compliance from recalcitrant or dishonest spouses with international assets. Nevertheless, if a spouse refuses to cooperate or is clearly failing to follow the law in Illinois, he or she may face sanctions from an Illinois court. 

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DuPage County Divorce LawyerEven in the most ideal circumstances, getting divorced is challenging and involves a thorough understanding of complex Illinois law. But when one or both spouses are active members of the United States Armed Forces and are deployed, divorce becomes more complicated because military divorce laws apply. If you or your spouse are an active member of the USAF, here are three ways a military deployment could affect your Illinois divorce

You May Need to Establish Residency

Before someone can successfully file for divorce, they need to make sure that the courts in their area have jurisdiction over their case. Military spouses may be able to file for divorce in the state where they live, where they are currently stationed, or a state that both spouses agree to file in. In Illinois, you must have either lived or been stationed in the state for 90 days to file for divorce. Keep in mind that once you file for divorce in a certain state, you will have to follow that state’s divorce laws. 

You May Have to Wait Until Deployment Ends

If a spouse could file for divorce and finish the entire process while the other spouse was deployed, the deployed spouse would hardly have a fair chance to defend themselves and ensure a fair divorce decree. Divorce proceedings can be postponed until a deployed military member comes home and for 60 days thereafter. Deployed spouses who want to move forward with the divorce can waive the requirement to postpone the divorce proceedings, but it can be challenging to manage a divorce while deployed, especially if a military member is stationed abroad. 

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Hinsdale Family Law AttorneyOne common reason many Illinois couples pursue divorce is because of very different opinions regarding how their children should be raised. Unfortunately, after a divorce is finalized and a parenting agreement has been made, these issues often continue to be a problem because parents must continue to raise the children. When one parent has a laissez-faire attitude towards things like homework completion, the other parent may become increasingly frustrated by failing grades, notes from school, and constantly feeling like the “bad guy” for enforcing homework. If you are co-parenting in Illinois and this situation sounds familiar, read on. 

What Does Illinois Law Say About Homework After Divorce? 

There is no specific law in Illinois requiring that parents make their children do their homework. However, parents are expected to act in their child’s best interests and, after a divorce, parents are under a certain amount of judicial supervision because parenting plans are legally enforceable. Parents who share parental responsibilities and make decisions about a child’s education are expected to work together to make decisions that benefit the child. If you feel as though your ex is refusing to meet their obligations by failing to enforce basic academic expectations, you can talk to an attorney to find out whether your complaint merits the attention of a judge for your spouse’s potential noncompliance with your divorce decree. 

If only one parent shares the responsibility for ensuring a child’s educational needs are met, and the other parent’s behavior interferes with that responsibility, this may also merit the attention of a judge. A parent can submit a petition for rule to show cause, stating that their co-parent is not following the divorce decree; the other parent must then appear in court and explain their decisions. A judge can then determine whether the parent who is failing to enforce homework completion is violating the parenting agreement and levy appropriate sanctions.  

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DuPage County Divorce LawyerWhether an attachment to a car is sentimental or purely practical, vehicles are an important part of the marital property division process in an Illinois divorce. Sometimes the division can be as simple as each spouse taking the vehicle they drive the most, but differences in vehicle value and when the vehicles were purchased and paid for can complicate the situation. If you are getting divorced and have questions about how vehicles and other marital property could be divided, an Illinois divorce attorney can help. 

Who Gets the Cars in the Property Division? 

If a spouse owned their car before getting married, it will probably remain that spouse’s property after the divorce. When a car has been purchased or paid for during a marriage with marital income, it will likely be considered marital property and need to be allocated to one spouse or sold. 

Spouses will ideally decide what to do with their vehicles by creating a property division agreement themselves or with the help of a mediator. If they cannot do this, how a court will award a vehicle largely depends on the situation. If a couple shares one car and disagrees over who will get it, the court will usually give the car to whichever person has the strongest claim or needs the car the most. However, the spouse who does not get the car will need to be compensated with other marital property. 

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Hinsdale Family Law AttorneyOnce an Illinois couple has decided to get divorced, both partners usually want the divorce to end as soon as possible. Although sometimes delays in the legal system are inevitable and complications arise, when spouses work cooperatively, divorce does not need to take longer than the time it takes to resolve all relevant issues. 

However, sometimes one spouse will try to use divorce proceedings to manipulate the other spouse. They may contest the divorce or try to drag on negotiations to keep their spouse from getting what they want out of the divorce or from beginning a new life without them. If your spouse is using your divorce negotiations to manipulate you or postpone the divorce, here are some things you can do that may help. 

Plan Carefully Before Filing

While this tip may only be helpful to those who have not yet filed, if you anticipate that your spouse may become manipulative during your divorce, preparing carefully before filing for divorce may save you significant trouble later on. Getting documents and arranging your finances before you announce divorce may prevent a spouse from trying to keep these things from you in the future. 

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