Posted on July 19, 2024 in Division of Assets

While the division of retirement accounts during an Illinois divorce can be complex, it can also be a crucial part of the division of assets process. Some spouses in the middle of a contentious divorce may simply walk away from their share of the retirement account just to have the matter over and done with. Other spouses may not believe the retirement account is worth enough to go through the headaches of splitting it.

Aside from the marital home, retirement accounts can be one of the most significant assets owned. Community property states divide marital assets—including retirement accounts—50/50.  Equitable division states (like Illinois) divide marital assets fairly, if not evenly. Having a Naperville, IL division of assets attorney working for an equitable split of the marital assets ensures both parties are treated fairly.

Will I Have to Split My Retirement Evenly with My Spouse?

Under Illinois law, the part of a retirement account accumulated during the marriage is considered marital property and will be divided fairly during the asset split. If the spouses marry later in their careers, either one may have significant retirement savings that are considered their separate property. Retirement earnings from 401(k) contributions before the marriage are considered "non-marital," while contributions and earnings after the marriage are considered "marital."  

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 Posted on July 10, 2024 in Division of Assets

Some domineering spouses will use the couple’s marital finances to assert control within the marriage. This control sometimes rises to the level of financial abuse. If your spouse has been restricting your access to marital funds, forcing you to deposit your salary into an account that only has his name on it, or strictly controlling your spending, he may fall into this category. If you are ready to leave your marriage, there are steps you should take before filing for divorce and while your divorce is in process. You must be represented by a strategic Dupage County, IL complex divorce attorney throughout your divorce. A lawyer can work to protect your financial interests.

Protecting Yourself During Divorce From a Financial Abuser

You are just as entitled to the marital finances as your spouse is. Generally, neither of you has the right to prevent the other from accessing marital property. Steps your lawyer may suggest to protect your interests while you are divorcing a financially controlling spouse include: 

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 Posted on July 05, 2024 in Child Custody / Allocation of Parental Responsibilities

Deciding what type of medical and mental health care your child should receive is an important parental responsibility. If you and your spouse are always in agreement about what kind of care your child should have, allocating this parental responsibility might be fairly easy. Sharing the duty - and right - to sign medical consent forms for your child is the logical solution. However, if you and the other parent have major disagreements about important issues like whether to vaccinate your child or whether she should see a therapist, you might have a more difficult time allocating medical decision-making duties. A court may need to step in and make this decision for you. An experienced Naperville, IL parental responsibilities attorney can help you fight to do what is best for your child.

Common Disagreements About a Child’s Medical Care

Having very different opinions about medical science and what kind of care a child should be able to receive is sometimes the reason parents are getting divorced. Common medical issues affecting children parents disagree on include: 

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 Posted on June 28, 2024 in Child Custody / Allocation of Parental Responsibilities

Especially if you and your child’s other parent both work full-time, there will be times when neither parent can physically be with the child. Even if one of you is a stay-at-home parent, there may be occasions when you need someone other than your co-parent to take care of your child for a short amount of time. You may need to attend to a family emergency while your co-parent is out of town, or your co-parent may have a work event that is not child-friendly while you are out of town. It is wise to include both contingency and routine childcare plans in your parenting plan. A Naperville, IL parenting plans attorney can help you and your spouse negotiate these terms.

Planning for Routine Childcare

If you and your co-parent work overlapping hours, you will need to plan for routine childcare while you are both at work. A few things to consider include:

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 Posted on June 20, 2024 in Divorce

Financial concerns prevent a lot of lower-earning spouses and homemakers from seeking the divorce they want. If you are financially dependent on your spouse, you might be worried about what would happen to your lifestyle - or even your ability to meet your basic needs - if you got divorced. Stay-at-home parents might have additional concerns about how their earning capacity might impact child custody decisions. Illinois offers legal protections for spouses who would be at a financial disadvantage during divorce. While you should discuss your concerns with a qualified Naperville, IL divorce attorney, you should also know that your individual finances are unlikely to be the barrier to divorce you think they are.

The Law Says You Contributed to Your Spouse's Earnings

Illinois’s marital property statute considers almost everything either spouse acquires while he or she is married to be marital property. This includes each spouse’s income and anything that income is used to purchase. Your spouse cannot argue that because his or her earnings were used to buy certain things, those things belong to him or her.

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 Posted on June 10, 2024 in Child Custody / Allocation of Parental Responsibilities

When one parent has relocated - with or without the children - you will need to make a new parenting time schedule. Arranging to transport the children back and forth between each parent’s household can be quite a bit more difficult when the parents live far apart. Depending on the distance between the parents’ households, this might involve buying plane tickets and planning for your children to travel alone as unattended minors. If you had a 50/50 parenting time schedule before the relocation, you would probably not be able to adhere to that schedule anymore. A DuPage County, IL child custody attorney can help you modify your parenting time arrangements.

Custody Options for Parents Who Live Far Apart

Sometimes, a little creativity can help you and your co-parent both enjoy plenty of time with your children. A few parenting time schedule options for parents who live at a distance include: 

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 Posted on June 04, 2024 in Division of Assets

Generally, when a married person receives an inheritance, it is his or her separate property. Inherited money or property is excluded from the definition of marital property, which includes nearly anything either spouse acquires during the marriage. Inheritances are treated a bit differently under the law when it comes time to divide marital assets. When your family member or loved one chose to leave you an inheritance, she clearly meant for you to be the one to benefit from her gift. Otherwise, she would have named both you and your spouse in her will or trust. However, parts of your inheritance can become marital property if you commingle those assets with your marital funds. If you are getting divorced, a Naperville, IL divorce attorney can help you take steps to protect your personal inheritance.

What Counts as an Inheritance? 

Your inheritance can include anything you receive by gift, legacy, or descent. This includes:

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 Posted on May 27, 2024 in Parenting Time (Visitation)

Parenting time is usually one of the most hotly debated issues in a divorce. Rarely is a parent willing to relinquish time with his or her child, especially when the divorce is contentious. Although child custody orders are intended to be permanent, there are cases where a parenting time schedule needs to be changed at a later date. There are several reasons divorced parents might need a change in their child custody agreement or orders long after the divorce is finalized. If either parent’s or the child’s circumstances have changed substantially, you may be able to move for a modification. A Naperville, IL child custody modifications attorney can help with this.

When Can I Ask for a Parenting Time Modification?

To have your parenting time arrangements altered, you will need to show that there has been a substantial change in circumstances since your agreement or court orders were first established. Substantial changes in circumstances include:

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 Posted on May 23, 2024 in Child Custody / Allocation of Parental Responsibilities

Spouses in Illinois can get divorced while one of them is pregnant. However, expecting parents who are divorcing might be required to create a parenting plan for their unborn child. A parenting plan covers things like which parent will spend time with the child and when and who will have legal decision-making rights with regard to the child. Deciding who has decision-making rights - called parental responsibilities in Illinois - may be especially important when you have a newborn. You must be represented by a knowledgeable Naperville, IL child custody attorney if you are getting divorced while you or your spouse is pregnant.

Child Custody Issues for Expecting Parents

A few of the things you will need to think about when making a parenting plan for a child who is not yet born include:

• Decision-making at the time of birth - Will your child get the vitamin K shot upon birth? If you have a boy, will he be circumcised before leaving the hospital? What other types of medical interventions would you accept or not accept at the time of your child’s birth? Which parent can consent to which procedures on behalf of the newborn? 

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 Posted on May 15, 2024 in Divorce

Being taken completely by surprise when you are served with divorce papers is never a pleasant experience. Yet, it happens to people every day. Many husbands or wives believe that everything is fine in their marriage, only to find out that their spouse has been secretly preparing for divorce for months. There are legal disadvantages to being surprised by a divorce filing. Some spouses will do things like taking marital funds to create a separate bank account for themselves, gathering evidence that might help them gain more parenting time, or even fabricating “proof” of spousal abuse in an effort to gain an advantage during divorce proceedings. If you even suspect that your spouse might be preparing to divorce you, it is wise to find your own Naperville, IL divorce attorney immediately.

Hints That Your Spouse Might File for Divorce Soon 

A few of the more subtle signs that your spouse is getting ready to divorce you include:

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