Posted on October 19, 2020 in Divorce

We experience stress every day, whether we are at work, at school, or even just dealing with mundane tasks, but major life events like a divorce can put even more stress on you as you deal with the immense pressure of making decisions that will affect you and your family for the rest of your life. Fortunately, there are certain things you can do to help yourself through this troubling time. Here are a few tips to help keep your stress levels to a minimum during your divorce:

#1. Get Your Priorities in Order

Before you even begin making decisions in your divorce, you should know what you want out of the divorce. What is most important to you? Do you want to make absolutely sure that you get your fair share of the marital property? Or are you more concerned with getting the parenting time you want? Figure out what your priorities are, and focus the majority of your time and energy on them.

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 Posted on October 12, 2020 in Divorce

Filing for divorce is a momentous decision. Before you begin the process, it is a good idea to ensure that you are prepared in every way possible. The last thing you want is to be knee-deep in divorce proceedings and realize you are unprepared to navigate a critical question.

Preparing For Divorce Financially

The first thing any professional will recommend is to begin saving money. It is not only attorneys that cost money—you will likely encounter many different bills, and without your spouse’s income, it may be harder to pay them. It is imperative, however, that you do not attempt to hide your assets, at least not money such as your paycheck that can be considered marital property. Illinois is an equitable distribution state, meaning that marital property is distributed to the spouses in the most equitable manner possible upon a divorce. Concealing money that is earmarked as marital property, as spouses’ paychecks usually are, can lead to accusations of hiding assets.

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 Posted on September 24, 2020 in Business and Divorce

Business ownership is a key asset that you must include in your divorce. Even if you started your business before you married, the amount that your business increased in value during your marriage will likely be part of your marital property. Calculating the value of your business is a vital step because it will affect how you divide other marital properties. If you wish to maintain complete ownership of your business as part of your divorce, a higher valuation may force you to compensate your spouse with more assets. Business valuation for a divorce can be complicated and requires professionals with experience in both divorce and business.

Choosing a Valuation Method

There are multiple ways that you can calculate the value of your business:

• The asset approach values the assets that a business owns and subtracts the liabilities to calculate its total value.

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 Posted on September 18, 2020 in Division of Assets

An inheritance is property that you receive when a loved one passes away. Though the death of a loved one is often a tragic event, an inheritance can provide you with a bit of financial security. If you are married or plan on getting married, this can pose a unique situation if you were to get a divorce. Because many married couples have shared finances, one of the biggest parts of divorce is determining how to divide assets and debts. In Illinois, this process is done in an equitable manner, which does not necessarily mean that both spouses will come out of the divorce with half of the marital estate. A variety of factors are weighed to determine what is equitable, including each spouse’s income and earning potential, the duration of the marriage, and each spouse’s non-marital property in relation to the marital property. So, what does all of this mean for a spouse who has received an inheritance?

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 Posted on September 14, 2020 in Child Support

Parents who have divorced or separated will sometimes disagree on how much each side should have to pay towards child support. If the parents were never married, it can be an ordeal for the mother to prove paternity in order to require the father to pay child support. Even after proving paternity, the father may be unhappy about having to pay. Whatever the reason may be, not paying the required child support amount is harmful to the children because it takes away money that is meant for living expenses. As the parent who is supposed to receive child support, you need to make sure that your child support order is being enforced.

Start with Communication

You should try to resolve the issue with your co-parent out of court before filing a complaint about a violation of your child support order. Find out why they missed their payment and when they plan to make it up. If they could not afford the payment that month, you can try to work with them but remind them that they are still required to pay the amount stated in the child support order unless the order is modified. If they do not respond or are being uncooperative, you may have no choice but to seek legal enforcement.

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 Posted on September 03, 2020 in Divorce

Financial struggles are cited as one of the most common causes of divorce. Heavy debt and being unable to pay the bills is stressful, which can damage the couple’s relationship. Monetary troubles can also highlight the spouses’ conflicting spending and saving habits. Bankruptcy is one way that a couple may try to resolve their debts and get a clean start, but it may not be enough to save a marriage that has crumbled under the stress. If you are considering both divorce and bankruptcy, you should understand how the two could affect each other.

Should Divorce or Bankruptcy Come First?

It would be chaotic to file for divorce and bankruptcy at the same time. Not only would you be juggling two major court cases, but most of your marital assets would be tied up in the bankruptcy. Which you file for first may depend on these factors:

1. Type of Bankruptcy: There are two types of bankruptcy that most individual consumers use: Chapter 7 and Chapter 13. Chapter 7 bankruptcy may take only a couple of months to complete, which means you may want to file for bankruptcy before your divorce. Chapter 13 takes three to five years because it involves a long-term repayment plan. Unless you are willing to wait that long to divorce, you should complete your divorce before you file for Chapter 13 bankruptcy.

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 Posted on August 31, 2020 in Divorce

This is the start of a new school year that is unlike any that students and parents have experienced before. With COVID-19 looming as a continuing threat, some schools are forgoing in-person classes or using a hybrid of remote and in-person learning. For students who are attending in person, parents must monitor their children’s health and news of possible outbreaks at the school. The ongoing health crisis makes it more important than ever that divorced or separated parents work together to make sure they are protecting their children, which may require reviewing and modifying their parenting plan.

How Does Remote Learning Affect Parenting Time?

Parents do not normally have to worry about parenting time when a child is at school, but remote learning means that parents must determine who will be with the child during their “school day” if the child is too young to be left on their own. You and your co-parent need to consider several factors:

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 Posted on August 25, 2020 in Divorce

Most divorces require at least one of the spouses to find a new place to live. If you know you will not keep the marital home as part of the division of property, your housing search will be one of your top priorities. How do you begin such a search? How will your divorce affect your search? How do you know what is the right home for you? Here are three important tips for finding a new place to live during and after your divorce:

1. Choose Something You Can Afford: Your housing expenses will be a key component of your post-divorce budget. Whether you are paying rent or a mortgage, your new home must fit within that budget. Determine what you can afford to pay each month, given your income and expenses. Keep in mind that you may have continued expenses related to your divorce, such as child support and spousal maintenance. On the other hand, receiving spousal maintenance may help you afford a better living situation.

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 Posted on August 14, 2020 in Spousal Maintenance

When spouses age 50 and older get divorced after decades of marriage, this is commonly known as gray divorce. People going through a gray divorce may have different concerns and priorities than younger divorcees have. One such area is spousal maintenance, in which someone who relied on their spouse’s income during the marriage will continue to receive financial support. Spousal maintenance is not mandatory but is often part of a gray divorce. The maintenance recipient may also be more dependent upon the monthly payments than younger divorcees.

There are three main reasons why spousal maintenance in a gray divorce is different:

Length of the Marriage

Assuming that it was not a recent marriage, couples in a gray divorce have likely been married for decades. The number of years that you were married is how Illinois calculates how long the maintenance payments should last following the divorce. When spouses have been married for 20 years or more, courts will often award “permanent maintenance.” Maintenance without an end-date is a major factor in the long-term cost of the payments.

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 Posted on August 07, 2020 in Divorce

With the way that the COVID-19 pandemic has disrupted society, it is understandable for you to wonder whether the courts are available to hear cases on divorce and other areas of family law. The good news is that courthouses in Illinois are open and operating—but with new rules that prioritize the safety of everyone attending. Courts are also taking advantage of video conferencing to limit the number of in-person meetings while still moving forward with cases. The 18th Judicial Circuit Court of DuPage County began hearing all cases again on June 8 with new guidelines that it will use for the foreseeable future.

Will I Have to Attend Court?

Most cases in DuPage County’s domestic relations court are being heard remotely rather than in person. The exceptions are for hearings involving orders of protection, extended trials, and cases that the court deems to be exigent. The court will judge whether a domestic relations case is urgent based on factors such as:

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