Tag Archives: Hinsdale divorce attorney

Il family lawyerDivorce is often an expensive, long, drawn-out affair that takes many stressful months and east up thousands of dollars. On the other hand, your divorce could be amicable, be over in a short period of time, and cost you very little. However, you never know how your spouse will react to your demands, what problems may arise, and whether or not things will take a turn for the worse. As such, it is important to not only seek out legal counsel from the beginning, but to create a plan to ensure that you have enough money to get through the divorce, potentially with independence from your spouse.

Living Arrangements

Some spouses can make it under the same roof for many months during their divorce, and some even choose to live with one another after the divorce has been finalized. For those who do not have close friends or family members to stay with and are stretched tight for cash, living with your soon to be ex-spouse may be the only option available. For those who do have the means or opportunity to live apart, separating may be the best choice during divorce. This means deciding who stays in the current home and who rents an apartment or house for the next number of months. The additional cost of renting another place may be taken into account during divorce.

Deciding with Whom Your Children Will Live

If you have children, child custody and the parenting plan may be the most hotly contested part of the divorce. However, even before the divorce is finalized, parents must either agree on a living situation, or they can take the matter to court. Under 750 ILCS 5/603.5, the court can create a temporary parenting plan before the divorce is finalized, making a decision based on what is in the child’s best interest.

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IL family lawyerCustody and visitation court cases take their toll on families. Separating fathers or mothers from children, even if it is just the weekend or every few days per month during visitation, can cause some parents to take drastic measures. When a parent takes their child from the other parent, leaves town with the child against a court order, or refuses to allow the other parent their legal visitation or time with their child, they will be held in contempt of the court. The American Bar Association warns against taking matters into one’s own hands if a parent is unhappy with a court ruling regarding child custody or visitation. It will have grave consequences during the divorce case for that parent, who will also likely be tried in criminal court. A parent who commits parental kidnapping seriously compromises their chances of having a positive outcome during the divorce proceedings, as they have created a blight on their parenting abilities that no judge will ignore.

Consequences of Parental Kidnapping

Some possible consequences of parental kidnapping include the following:

  • Being arrested;
  • Spending weeks, months, or longer in jail or prison;
  • Fines and restitution fees;
  • Loss of child custody;
  • Limited visitation or supervised visitation only (the parent may also be required to pay a fee for the supervising authority during the supervised visitation as well, meaning that it cost them money every time they see their own child); and
  • Loss of all visitation rights.

Has Your Child Been Kidnapped By Their Other Parent?

Sadly, parental kidnapping is very common. In fact, kidnapping by a stranger is extremely rare. Most children who get kidnapped are taken by someone they know, who is usually a family member and almost always a parent. One study found that 875,000 children are abducted by a family member every year and that 90 percent of those kidnapping relatives or abductors were actually the parents of that child. Fathers were more likely to abduct or kidnap their child than mothers, and only 43 percent of abductions were reported to the police.

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IL divorce lawyerTen years ago, few people had ever heard about cryptocurrency. Today, millions of Americans have invested in companies like Bitcoin. In fact, over five percent of Americans, or over 15 million, have purchased Bitcoin alone, the most popular type of cryptocurrency, with the average American investing around $3,400. Some individuals have invested far more than this. And, because cryptocurrencies like Bitcoin rise and drop in value drastically at any given month, many people have made small fortunes with an early investment before 2018. In fact, one Bitcoin was worth around $700 in 2016. Today, one Bitcoin is worth roughly $3,800. That represents an increase in value of over 540 percent. As such, if someone invested $5,000 back in 2016, their investment would now be worth over $27,000. Interestingly enough, this can cause issues during the division of assets in a divorce.

Asset Division

One of the main aspects of divorce is dividing assets. Here in Illinois, marital assets are divided in an equitable fashion. This does not mean that all marital assets are split down the middle 50/50, however. When a couple cannot come to terms on their own or through mediation, a judge will divide the assets fairly or equitably.

What Is Marital Property?

Property owned before marriage is personal property. The value of this personal property, which may grow during the course of the marriage, remains personal property. Marital assets and property include everything that was acquired during the marriage. This includes bank accounts, real property, savings accounts earned with one party’s income, cars, and more. The only types of property acquired during a marriage that are not considered marital property are gifts, settlement or lawsuit awards, and inheritance.

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IL divorce lawyerYou’ve heard it said that “timing is everything.” The same idea is true for divorce. Although sometimes you have no control over when your marriage comes to an end, you can control the speed in which you file and obtain information. Divorce timing plays a large part in tax filing, but it also can give you a slight advantage during the proceedings. Find out more about filing when the time is right for you:

Make the First Move

Waiting for your spouse to file for divorce first is one of the worst mistakes you can make. There are legal benefits to being the one to initiate the process. Filing first can give you better terms from the very beginning. When a judge issues the temporary order regarding support or custody, the one who files typically has more control of the situation, allowing you to be in control while the divorce is still pending. Filing first also allows you to determine the end date of the marriage, which can protect you from any potential unnecessary expenses from a hostile ex-spouse.

Tax Considerations

When it comes to tax time, whether you file jointly or separately depends on the date you sign the divorce agreement. Typically speaking, filing a joint return usually works to your advantage and saves money. However, in some cases, you might be eager to register separately, because even if your divorce decree states that your spouse is liable for all taxes, the IRS still can hold you accountable. There are also tax consequences when dissolving a family business as a part of the property division. In fact, most tax considerations are based on the timing and duration of events throughout the year. Based on the IRS rules:

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IL divorce lawyerIf you are considering divorce, there are a few things you must consider completing before heading to court to file. Performing these tasks before initiating allows you to be better prepared and more confident throughout the process. Not only that, but your advanced preparation will shorten the overall divorce proceedings, lessening stress for you and your family. Consider these behaviors:

Be Sure You Want Divorce

It is ill-advised to send divorce papers if you do not know for sure you want a divorce. Once you address those documents, it becomes difficult to reconcile a relationship after, even if you change your mind. Be sure to exhaust every other avenue before taking that leap.

Decide Your Parenting Time Goals

Except under extreme situations, you and your spouse are likely to split custody. Sit down and review work schedule, school schedule, and other obligations and create an arrangement that you would like. If you build one that also allows for time for your ex to spend with the children, they are more likely to agree to the terms.

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phone 630-920-8855
address15 North Lincoln Street, Hinsdale, IL 60521
phone 331-588-6611
address21 North 4th Street, Geneva, IL 60134
Our firm handles family law and personal injury matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Burr Ridge, Carol Stream, Darien, Downers Grove, Elmhurst, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lombard, Naperville, Oak Park, Oak Brook, Oakbrook Terrace, Clarendon Hills, Oswego, Park Ridge, Roselle, St. Charles, Geneva, Villa Park, Warrenville, Wheaton, Western Springs, LaGrange, Winfield, Woodridge and Yorkville.

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