Posted on June 14, 2017 in Child Support

If a child support order is entered in a divorce case, it must be obeyed unless a party is able to demonstrate by clear and convincing evidence that he or she requires modification to the order. The paying party cannot simply decide to stop paying support, and if this does indeed happen, there are methods you may use to ensure you and your children receive what you are owed. Garnishing wages is perhaps the most common in the state of Illinois, and it is fairly easy to start the process.

Misconceptions About Garnishments for Child Support

It is important to understand what actions may be legally taken regarding owed child support and garnishments, as child support is in somewhat of a special category when it comes to required payments. Many believe, for example, that a court order is necessary before you can garnish wages for child support. This is not actually the case in Illinois. Child support is one of the few obligations for which a court order is not required before garnishment; others include are unpaid taxes and student loans that are in default.

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 Posted on June 09, 2017 in Divorce

Almost half of men and women admit to cheating on a significant other at some point in their lives. Infidelity seems to be an epidemic, and evidence of the problem is rampant. Some relationships can bounce back from an incident of infidelity, others, however, cannot recover from the damage done.

If your partner has cheated, how do you know he or she will not do it again? Only those in the relationship can decide if they can weather the storm of infidelity, but there are some questions to consider that may help you find some clarity:

• Has your partner cheated multiple times or is this an isolated incident? Every instance of infidelity is further evidence that your partner will not be able to stop his or her behavior. For some, even one incidence of infidelity is enough to destroy the relationship. Ask yourself, “Is this likely to happen again and is that acceptable to me?”

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 Posted on June 07, 2017 in Mediation and Collaborative Law

Divorce is not a time during which one is usually inclined to focus on much besides the legal proceedings you will have to undergo. However, many couples today are choosing to eschew the standard courtroom divorce case in favor of alternative dispute resolution methods like mediation. There can be advantages and disadvantages to each approach.

Advantages of Mediation

The primary motivation many couples cite as a reason for their involvement in mediation is that mediation can be far quicker than a courtroom proceeding. The Illinois court system can be very slow, with some couples waiting as long as five or six months for a court date. By comparison, mediation is available as soon as you and your spouse find a mediator who works well with you. While mediations do require a court appearance to finalize the agreement between you and your spouse, on the whole, the experience is tailored to your timeline rather than the court’s.

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 Posted on May 31, 2017 in Division of Assets

When a couple is going through a divorce, the most difficult part of the process is often asset division. This may be especially true if there is a family business involved, as the intricacies of evaluating a business can make considerations for property division quite complex. If possible, having clauses in your business agreement to deal with the possibility of a divorce can prevent problems down the road, but if it is too late for that, the next best option is to be as familiar as possible with how business valuation actually works.

Before Going Into Business

Two scenarios can occur in terms of business interests and marriage. The first, more common situation is that your spouse does not work with you in the business, but by virtue of you owning equity in the business, he or she may be entitled to a stake if you divorce. Even though a business that you start before marriage is technically non-marital property, it has a good chance of becoming marital property, given the nature of Illinois law. Personal effort from one or both spouses can be seen as contributions not from the individuals but from the marital estate, which could make the entire business—or at least a substantial portion of it—marital property.

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 Posted on May 26, 2017 in Child Custody

The National Alliance on Mental Illness (NAMI) estimates one in 25 people in the United States suffer from a serious mental illness. Many of that number are parents, and in Illinois and many other states, mental illness can and does play a role in parenting time determinations. In some cases, parental rights are limited because of a parent’s mental illness. If you are in the middle of a divorce, and you or your spouse is mentally ill, it is imperative to understand the rights of all involved before a custody determination can be made.

The Best Interests of the Child

In Illinois, the primary task before the courts when dealing with parenting time issues is to determine the best interests of the child. Mental illness issues are among the many factors that a family court judge will consider. Some of the others include the wishes of the child (if he or she is old enough for it to be appropriate), allegations or instances of abuse, and the ability of the parents to compromise in order to facilitate parenting time and responsibilities being shared.

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 Posted on May 25, 2017 in Divorce

Most divorces in Illinois are begun by petition when one spouse files in the relevant circuit court. When this happens, the next step is usually the discovery process, which means asking each spouse to provide to the other information that may be relevant or important in terms of appropriately handling the case. Discovery can be confusing and may require a knowledgeable legal mind to help you decide how to best get through it.

Depositions

While there are multiple methods by which discovery may be conducted, depositions are among the most common. Depositions are not unlike testifying in court, and indeed, you will almost certainly be under oath to be honest. During a deposition, you will be asked questions and you must provide accurate and complete answers. Depositions can be long, and there is a specific code of conduct in terms of how to get through them. Generally, however, if one shows up on time, tells the truth and makes no attempts to be deceptive in any way, things will go well.

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 Posted on May 24, 2017 in Child Custody

Illinois family courts tend to follow guidelines and case precedent when issuing divorce decrees, especially absent any input from the spouses themselves regarding the disposition of issues like parenting time. However, sometimes a parenting plan will need to be modified, and it is important to realize that there are certain requirements that must be followed before a change will be permitted.

Family Court Has Authority

The most important thing to realize going in is that only family courts may make definitive adjustments to divorce decrees. You are welcome to work out an agreement with your ex-spouse regarding parenting time or support, but these agreements do not have the force of law. A court will not abide by them unless you have these unofficial agreements added to your decree. It matters especially if you and your spouse have a tumultuous relationship and one of you is likely to fail to live up to your agreement.

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 Posted on May 19, 2017 in Division of Assets

Asset division is by far the most complex part of divorce for many people, and this is only magnified if a family business is involved. In order to get an accurate estimation of a business’s value for purposes of the marital estate, professionals are often utilized. Even after a value is obtained, however, the business can still be a cause of disagreement.

Different Approaches to Valuation

Depending on the nature of the business, its actual worth may be determined by using one of three different methods. The first is simply listing all available assets, including those of physical and intellectual nature and personnel. This is the best approach for companies that are very young—usually those just barely making a profit. The second is the market approach, which is most often used by valuation professionals and involves estimating the future earning potential of a company by its place in the market. The third is referred to as income valuation, and it involves estimating future potential and then adjusting downward to arrive at current values.

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 Posted on May 17, 2017 in Divorce

A trend that has become more apparent with each passing year in the last decade is the rising divorce rate for couples over the age of 55. The overall divorce rate in the United States has continued to drop over the last several years, after years of decline, but the rate for seniors has steadily increased. It is important to be able to spot the signs in your own marriage, and if divorce happens, to be able to adjust to it with minimal pain.

Statistics and Trends

The U.S. Census’ American Community Survey reports that since 1990, the so-called “gray divorce” rate has almost tripled, going from one in 10 to approximately 28 percent of recent divorcees being over the age of 55. Given that the nationwide trend has been to stay married, it is worth noting the significant uptick in older couples separating. This is especially true considering that divorce has been linked to potential health issues, financial strain, and other problems that can pose significant risks for those over a certain age.

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 Posted on May 12, 2017 in Division of Assets

When you are in the middle of a divorce, property division can always become an issue regardless of how amicable the proceedings have been to that point. Both spouses in a marriage deserve their fair share of the marital assets - though “fair” does not always mean “equal” - but it is not uncommon for one spouse to waste or lose marital assets through profligacy. Known as dissipation, this behavior can have consequences to both spouses. It is generally a good idea to know what dissipation looks like, so you may be able to call it out if necessary.

Legal Definitions

Illinois has actually been one of the leading states in defining what exactly constitutes dissipation, and what the criteria to establish such a thing should be. As far back as 1990, Illinois had a working definition of dissipation from the case of In Re Marriage of O’Neill. Dissipation is not simply waste; it is defined as “the use of marital property by one spouse, for their benefit, for a purpose completely unrelated to the marriage, at a time when the marriage is undergoing an irreversible breakdown.”

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