Posted on January 13, 2022 in Divorce

Nobody gets married planning to get divorced, yet the statistics on how many marriages ultimately end are widely known. The truth is, even with the best of hopes, people grow apart, life throws unexpected curveballs at all of us, and the things we want can change over time. 

Married couples tend to go through similar life stages, and certain major changes frequently trigger divorce. Difficulty adjusting to a new reality, a shift in perspective, or a realization that a couple no longer shares priorities or common goals can all put enormous stress on a marriage. Here are five significant life events that may lead to or contribute to divorce. 

Childbirth 

While most first-time parents look forward to the birth of their first child, infants bring with them many new stressors and a serious lack of sleep. As a result, relationship satisfaction tends to plummet with very young children. A couple’s difficulties tend to become exacerbated rather than healed. Sometimes, this can lead to a permanent breakdown in the relationship. 

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 Posted on January 06, 2022 in Family Law

Many divorcing parents find the prospect of splitting time with their children to be frustrating and difficult. Oftentimes, parents get a divorce in the first place because they differ so significantly on how they believe children should be raised. Even with the best intentions, sharing parenting time and parental responsibilities is a daunting task. 

When parents first begin the divorce process, they will likely encounter some terms that are unique to them - especially because Illinois no longer uses the term “custody,” but rather “parenting time” (formerly visitation) and “parental responsibilities” (formerly custody). While parenting time is fairly straightforward, the term parental responsibilities means significant decision-making responsibilities; but what exactly are those? To find out, read on. 

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 Posted on December 30, 2021 in Divorce

For most couples, determining which assets are marital property and which are individual property is fairly straightforward. Many couples own a house, a couple of cars, and shared bank accounts, all of which are probably marital property. However, for some couples–especially those with high net worth, family inheritance, or inadequate prenuptial agreements–questions about which assets are marital property can become very contentious. 

This process is complicated by the fact that some spouses will try to claim property they know is not theirs, or hide property that is technically marital property to try to enhance their financial position after a divorce. If you are in this situation and want to ensure you get a fair division of marital property, an experienced Illinois divorce attorney with the assistance of a professional forensic accountant may be able to help you. 

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 Posted on December 27, 2021 in Divorce

Ask any parent and they will tell you that a convenient benefit of having children is being able to claim them as a deduction on a tax return. Married parents receive a significant financial break when they file jointly and claim their child as a dependent. But after divorce, only one parent can claim a child every year on their taxes. So how do parents know which parent can claim a child? And is this a big enough issue to include in financial negotiations? 

Deal with Exemptions in Your Divorce Decree

Parents often forget to deal with taxes during the divorce process. However, parents who do not establish who will be claiming the child as a dependent may be setting themselves up for an unpleasant surprise if they both file. Unless parents specify who will claim the child as a dependent, the IRS considers the parent with whom the child resides for the majority of the year to be the parent who can claim the child. This may not be ideal for one or both parents.

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 Posted on December 20, 2021 in Divorce

Divorce is always stressful, but it can be especially difficult when one spouse is deployed. Spouses of military members who wish to pursue divorce can still do so, but it is important to understand how military divorce is different. Here, we explore three things divorcing military members may want to consider before filing for divorce. 

Choosing a Venue

Usually, a person can only get divorced in the county where they live, but active service members often have several options when it comes to the location in which they get divorced. These may include: 

• The state where the military member is stationed 

• The state the military member lived in before deploying

• The state where the military member pays taxes

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 Posted on December 16, 2021 in Family Law

Many parents will go out of their way to avoid making child support payments. Sometimes, they will work even harder to avoid meeting their legal obligations than they would if they simply took a job and made the payments. Unfortunately, for the parent who needs the child support, this can mean many trips to see a judge to try to get the child support order enforced. Sometimes, judges can find the non-compliant spouse, hold them in contempt of court, and give them fines or jail time. 

However, in extreme cases, some parents will actually flee the country because they do not want to make child support payments. Leaving the United States does not relieve a parent of their child support obligations, but it can make recovering payments much more difficult. If you have a former partner who owes you child support and who may have fled the country, this blog may be helpful to you. 

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 Posted on December 09, 2021 in Divorce

Many spouses find themselves at loggerheads during the asset division part of their divorce. The truth is that, no matter how well-intentioned they may be at the beginning of the process, spouses usually struggle to find a division of marital assets that feels fair. And it is not just couples who insist on fairness in their divorce; Illinois law requires assets to be divided equitably. 

Although frustration or anger during the asset division process may make spouses want to conceal assets from each other, doing so can carry serious consequences. If you are getting divorced and have considered hiding your assets, think again. Here are three major consequences that could be faced by someone who hides assets before or during a divorce. 

Contempt of Court and Perjury

If a spouse is in a deposition and lies about property ownership in front of a judge, the spouse can face several charges. Lying in court is called “perjury,” which is a punishable crime. A judge may also find the spouse to be in criminal contempt of court for impeding or obstructing the court, which in serious cases can result in criminal charges and a trial. If someone has been accused of hiding assets and they refuse to testify in court, they may also be held in contempt. Criminal convictions will be placed on a spouse’s criminal record. 

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 Posted on December 02, 2021 in Divorce

Parents in Illinois who have gotten divorced and created a parenting plan may later realize that they never reached an agreement or even discussed what to do if one parent wanted to travel out of the country with their child. International travel can be a great experience to share with a child, but before taking a child abroad, it is very important to address any legal issues or concerns from the child’s other parent. International travel may involve certain risks, and if a parent fears that such travel will have negative consequences, they may try to put a stop to it. If you are planning on traveling abroad with your child and want to know how to prepare yourself, the following information may be helpful to you.

Obtaining a Passport for Underage Children 

Whether a child’s parents are divorced or still married, an underage child must have both parents’ consent to apply for a passport if they are under the age of 16 (children who are 16 and 17 can apply for passports themselves). Unless parental responsibilities have been assigned to just one parent, both parents must be present during the passport application. If only one parent is responsible for the child, that parent must provide evidence proving that the other parent does not need to be present or give their consent. 

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 Posted on November 30, 2021 in Child Support

Child support is understandably one of the most contentious elements of divorce. Parents who receive child support often feel as though the funds are insufficient for the needs of the children, or fear they will struggle to provide if the paying parent fails to meet his or her obligations. For the parent who is responsible for making child support payments, he or she often worries that the children’s needs are being neglected while the receiving parent buys things for themself. 

Illinois law allows parents receiving child support wide leeway when deciding how to spend the money. Unfortunately, however, there are parents who neglect their children’s needs because of frivolous spending on themselves. In situations like this, legal remedies are available. 

Legitimate Child Support Expenditures

Child support is intended to ensure children have what they need to grow up healthy and whole, and the parent who receives child support is responsible for using that money to meet the child’s needs. Food, clothing, and medical expenses are absolute necessities and the failure to provide these can result in serious harm to a child’s wellbeing. 

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 Posted on November 23, 2021 in Alimony/Spousal Support

Sometimes called "alimony" or "spousal maintenance," spousal support is money paid from one spouse to the other during or following divorce. Spousal support is not always awarded, but it can be a crucial financial lifeline for people after divorce, especially homemakers who withdrew from the workforce to raise a family.

Spousal support orders are set for an amount and duration that are appropriate to the circumstances. However, each party’s circumstances can change in a way that warrants modifying support payments. If you are making or receiving spousal maintenance payments, it is useful to know which circumstances require or allow a change in payments.

Substantial Change in Circumstances

A change in spousal support requires a substantial change in circumstances and many different situations can qualify. To begin with, if the party receiving spousal support gets married again, moves in with a new partner, or dies, spousal support payments stop. In fact, an individual who is receiving payments can be faced with legal consequences if they fail to notify the paying party that they are cohabiting with, or married to, a new partner.

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