As the population of Illinois ages, many of us are facing difficult choices where our parents are becoming less mentally capable of making important decisions in their lives. One of the common ways to handle this situation is to seek guardianship from the courts. If granted this guardianship, you would be able to manage their affairs such as their finances, living arrangements, and medical treatment.

But there are also a number of potential drawbacks to consider. First, these wards (those being cared for) can feel extremely limited and frustrated by this loss of independence and reduced control over their lives. Plus, to protect their interests, you as the guardian will also be closely monitored by the courts. This can add up to a large time commitment, as well as substantial legal fees for both the guardian and the ward. There will be regular reporting requirements as well as public court appearances regarding personal decisions, which can prove embarrassing.

Four Common Alternatives to Consider

To avoid these legal strictures, costs, and expenditures of time, you may want to consider these four less restrictive alternatives:

Living with domestic violence can be confusing. Just when a bad temper or action actually crosses the line may not always be so easy to determine. In our state, the Illinois Domestic Violence Act gives you and your children the right to feel safe in your own home. That means beyond the reach of unwanted contact, physical violence, or even verbal harassment. The law spells out which acts are illegal to carry out in which types of relationships. And if it becomes necessary, it gives you the right to get an order of protection from a court to maintain that safety. So how do you know exactly where you stand?

“Domestic Violence” Means Certain Acts Against Certain People

“Domestic violence” is an actual crime where one member of a household or family abuses another. Among the acts of abuse are:

• Physical abuse (pushing, hitting, strangling, forced sex, preventing you from leaving),

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When you or your spouse own or have an interest in a business, these holdings could become a major source of contention during divorce. Often, each spouse will have their own ideas about the valuation of the business and how it should be divided. Over the past two decades, Calabrese Associates, P.C. has helped numerous business owners protect their rights and investments in even the most complex circumstances. Here are some of the issues you may encounter:

Business Valuation

The first step after determining which business holdings may be considered marital property is to conduct a thorough and detailed business valuation. Some key issues that may arise are how much each of you has contributed to the business, either directly or indirectly, or how much you have maintained the home during any extended business trips the other partner may have taken.

Professional Practice or Closely Held Business

Dividing a professional practice such as a medical or legal office, or a family-owned business, can present unique challenges to asset division—whether or not your spouse participates in operating it. A full and accurate accounting is the first step, but creative negotiation and professional assistance will go a long way toward helping you preserve your practice and reach an equitable settlement.

The division of assets and debts is a crucial aspect of any divorce case. Unfortunately, with the breakdown of trust in a marriage, one spouse may feel entitl​​ed to the lion’s share of assets in a divorce—and may even begin concealing some property to protect it from division. Obviously, the better picture you have of those assets, the better your chances of a fair and equitable property distribution. These three strategies will help you get what you are entitled to in your divorce.

Get Professional Legal Help

If discovering hidden marital property seems like an impossible task, you may be right—if you attempt it on your own. This is absolutely the time to call in the professionals, starting with an experienced divorce attorney. From there, specialists like a forensic accountant, private investigator, and business evaluation expert can assist your attorney in recovering marital assets that have been fraudulently hidden, sold, or transferred. Therefore, once you have documented what you can, leave the heavy lifting to your team.

Start Building an Asset Roadmap

There is a lot you can do to begin documenting evidence, even before the forensic team starts rolling. (And preferably before you confront your spouse, or accuse them of hiding assets.) It may be a good idea to:

Divorce can be difficult and complicated for anyone. Even for spouses who do not share many assets, there can still be quite a lot of conflict during a divorce. However, if you and your spouse–or one of you alone–hold assets of significant value, the road to a final divorce decree can be even rockier. Dividing your assets is likely to be the most time-consuming and legally difficult part of your divorce. Even sorting out who actually owns what can be difficult if your marriage lasted more than a few years. You may endure more conflict throughout. It is critical that you find an attorney who is experienced with guiding people through high-asset divorce. This kind of divorce takes skill. 

What Concerns May Arise During High-Asset Divorce?

Dividing your marital assets will naturally be more difficult the more assets you own. Some assets, like stock portfolios, real estate holdings, and joint businesses, are difficult to divide. Concerns you should be aware of include:

• Litigation likely - High-asset spouses are much more likely to litigate their divorce issues. One of the big reasons many couples try to avoid divorce litigation is that it can get expensive, making it not quite worth it. When you and your spouse have high-value assets, the value of the property at stake may far exceed the cost of litigation. This may make litigation seem worth it if you are not able to come to a reasonable agreement. 

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