Posted on July 13, 2016 in Divorce

If you have made the decision to end your marriage, you are probably now facing a multitude of questions. Some are very reasonable, such as those regarding how you will support yourself after divorce or where your children will live. Others, though, can be even more confusing, especially if the answers should be straightforward but, for one reason or another, are not. For example, do you know how much your spouse makes each month? Are you sure? What about investments? Do you know where all of your money is? Obtaining a sound divorce settlement or judgment relies on the answers to these questions and countless others just like them, and a forensic accountant may be able to help.

What Is a Forensic Accountant?

Your divorce team could include experts from a variety of fields, including mental health, parenting, real estate, and financial planning, but a forensic accountant offers a very unique perspective. He or she is trained to assemble, review, and analyze financial records of an individual, family, and business to identify any possible discrepancies. By doing so, a forensic accountant is able to uncover hidden assets, discover secret revenue streams, and reveal misappropriation of marital and personal property. In addition to divorce cases, forensic accountants are also utilized extensively in investigations of money laundering and white-collar crime.

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 Posted on July 11, 2016 in Mediation

Family law issues, such as divorce or child-related issues (i.e. allocation of parental responsibilities and parenting time) are complex legal matters that can emotionally drain and devastate all involved. Mediation – an alternative dispute resolution method that encourages families to work toward a mutually beneficial agreement – can sometimes help parties resolve their matters in a more amicable way. In some instances, parents may even become better communicators if they can manage to find common ground and successfully complete the mediation process. But it is not the right option for everyone.

How Mediation Works

In mediation, there are at least three parties: the disputants (you and your ex) and the mediator. As an impartial party that does not represent one side or the other, the mediator is not able to make a decision about the dispute. Instead, they help facilitate productive communication and help you find common ground so that you can develop a solution for your legal problems. You can, however, seek assistance from your own attorney during this process to help ensure you have considered all aspects of your matter, and that the decisions you make are carefully considered beforehand.

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 Posted on July 06, 2016 in Spousal Maintenance

Divorcing couples usually have a number of questions and concerns about spousal maintenance (alimony) when they begin to address financial arrangements at the end of the marriage. One of the most pressing questions for most spouses is whether or not they are eligible for alimony at all, and if so, how that decision is reached.

Circumstantial Factors

It is understandable to want to know how much you must pay your spouse or how much you are eligible to receive, but the answers to these questions are not cut and dry. The court handles spousal maintenance on a case-by-case basis, taking a number of factors into consideration to first determine whether or not alimony is appropriate. Illinois law examines all of the following factors before deciding to grant an alimony award to either spouse:

• The present needs of each party;
• Each spouse’s current earning capacity;

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 Posted on June 29, 2016 in Child Custody and Support

As the high school graduation season draws to a close, prospective college freshmen are looking ahead toward the beginning of a new adventure. Over the past several decades, however, rising tuition costs and tighter household budgets have made paying for post-high school education more difficult than ever. More and more students are turning to their parents for help with college expenses, though many couples lack the financial ability to assist their children. Some can afford to help, but make the decision not to do so. When this happens, does a college-bound student have any recourse under the law?

Non-Minor Support for College Expenses

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) does contain a provision that could allow the court to require divorced parents to contribute toward their child’s college expenses, even after the child has reached adulthood. The existence of such a law seems to create a double standard: a child whose parents are divorced can get help, but a child whose parents are still together cannot. The reality, however, is not quite that simple.

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 Posted on June 27, 2016 in Adoption

As a parent, you will always want what is best for your child. By law, you also have a number of rights and responsibilities related to his or her upbringing and support. Exercising your parental rights can be challenging in the wake of divorce, especially if your ex-spouse has been allocated a majority of the parenting time and decision-making authority. When your ex gets remarried, your situation can become even more challenging, especially if his or her new partner expresses interest in legally adopting your child. If you are concerned about your parental rights being threatened, there are some steps that you can take to protect yourself.

Stepparent Adoption Requires Consent

In order for your ex’s new spouse to adopt your child, in most situations, you must grant voluntary consent. This means that you willingly terminate your parental rights and responsibilities for your child, as the law permits a person to have only two legal parents. A stepparent adoption is not a mere formality; it expressly transfers full parental authority and creates a legal parent-child relationship between your son or daughter and the stepparent.

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 Posted on June 22, 2016 in Child Custody and Support

If you are facing divorce with children, there are several very complicated steps and processes for you and your soon to be ex-spouse to figure out and resolve. The most important of these will be parental responsibilities, formerly called child custody in Illinois—determining with whom the child will spend the majority of his or her time, and which parent will have visitation rights or non-legal guardianship. In the past, the father almost always was the parent that was not awarded legal custody, but as the social fabric of our country has changed—and more women have entered the workforce than ever before—so too has the standard divorce proceeding. In fact, rather than awarding either parent sole responsibilities, leaving the other to feel a type of “part-time parent,” in many modern divorces the couple instead opts for a shared parenting agreement, or co-parenting, which many psychologists believe is much better, at least, for the children.

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 Posted on June 20, 2016 in Divorce

In most cases, a couple that decides to end their marriage will do so simply by filing a petition for divorce and working through the process. While in the past, the majority of such situations required that the spouses live separately for a period of time, there was no requirement that the couple obtain a legal separation before proceeding to divorce. Recent changes to divorce laws in Illinois have eliminated the required separation period, making legal separation potentially even more rare. Some may even see it as obsolete. Despite being uncommon, however, there may be situations in which a legal separation may provide some benefit for the involved parties.

Legal Separation vs. Divorce

During a proceeding for legal separation, the considerations are much the same as a proceeding for a divorce. Issues of parental responsibilities and parenting time must be addressed, along with concerns regarding spousal maintenance. There are, however, two primary differences between a legal separation and a divorce. First, the court cannot force the spouses to divide property in a legal separation. If the couple presents a property settlement agreement of their own to the court, the court may include it, but the court will not make such a decision absent a proposed agreement.

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 Posted on June 15, 2016 in Child Custody and Support

For a couple with children, a divorce or separation can be particularly challenging. In addition to the difficulties inherent to every other marital dissolution, such as property division and alimony, divorcing parents are also faced with the prospect of sharing parental responsibilities. As with most aspects of divorce, the court can and will determine arrangements for dividing these responsibilities, but only if necessary. Illinois courts and the law much prefer that divorcing parents reach an agreement of their own, as a negotiated arrangement is more likely to be followed than one simply imposed by a judge. Drafting a parenting plan that works well for you, your spouse, and your child is a vital part of the divorce process for parents.

Decision-Making Authority

Your parenting plan must clearly lay out the rights and responsibilities for both you and your soon-to-be ex-spouse regarding your child. Recent changes to the law in Illinois have eliminated the concepts of sole and joint child custody, so the two of you will need to decide who will be responsible for what, especially regarding significant issues like education, health care, religious training, and extracurricular activities. One of you may be responsible for all significant decisions, they may be split between you, or you may choose to make all such decisions together—presuming that communication is strong enough to facilitate cooperation.

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 Posted on June 13, 2016 in Annulments

For many years in the United States, there was much talk about the idea of marriage and whether the government had the right to decide the types of couples who should and should not be eligible to get married. The context for that discussion primarily concerned the marital rights of same-sex couples, and a resolution was reached about a year ago when a United States Supreme Court decision recognized same-sex marriage throughout the country. Each state, however, still maintains laws that govern who is and who is not eligible to get married, and, in Illinois, a prohibited marriage is grounds for an annulment.

Unlawful Marriages

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) is a collection of statutes that provide marriage and divorce-related guidelines for the state. According to the IMDMA, a marriage is prohibited if:

• Either spouse is currently a party to an existing marriage, civil union, or other similar legal relationship with another person.

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 Posted on June 08, 2016 in Property Division

The prospect of undoing a marriage is not only emotionally overwhelming, but can involve complicated logistical scenarios as well. A common concern among those seeking a divorce from their spouse is how property will be divided.

Marital and Non-Marital Assets

For the purposes of divorce, there are two general types of property. Assets acquired during the marriage are generally considered marital assets while assets purchased or acquired before the marriage are non-marital assets. For example, marital property would include a car the couple purchased together, the marital home, and joint banking accounts, along with regular income each spouse earned during the marriage. Only these shared marital assets will be divided during a divorce. Non-marital assets will remain the property of the original owner.

There are some special circumstances in which property or assets acquired during a marriage may not be considered part of the marital estate. For example, if you owned a vehicle prior to getting married and then sold that vehicle during the marriage, the profits from the sale are not considered marital and you are entitled to keep them. Gifts you received from a spouse before the marriage, such as engagement rings, are also not considered marital assets. Furthermore, any inheritance you received from a loved one during your marriage is considered a non-marital asset. You will not be required to divide these assets. 

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