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Recent Blog Posts

When Child Custody Gets Complicated: Understanding Illinois Laws and Preparing for a Custody Battle

 Posted on April 06,2023 in Child Custody & Allocation of Parental Responsibility

st. charles divorce lawyerThe end of a marriage can be a tough time, compounded by the stress and emotion associated with child custody. Understanding Illinois' laws regarding how child custody is decided is crucial to navigating this turbulent process with clarity and poise. To help you guide you through these murky waters, we will discuss key Illinois legislation on the subject and offer helpful tips for preparing for legal disputes over custodial rights.

Legal Standards for Child Custody in Illinois

In Illinois, the legal standard for determining child custody is the child's best interests. The court will consider a variety of factors when making a custody determination, including:

  • The wishes of the child, if they are of an appropriate age and maturity to express their preferences

What to Keep in Mind As You Create a Prenuptial Agreement in Illinois

 Posted on March 29,2023 in Family Law

st. charles divorce lawyerA prenuptial agreement is a legal document that couples sign before they get married, which outlines how they will divide their assets and debts if they get divorced. While it may not be the most romantic topic to discuss before a wedding, creating a prenuptial agreement can be a wise decision for many couples. 

Before you draft a prenuptial agreement in Illinois, there are some important factors to consider.

Discussing the Prenuptial Agreement with Your Partner

One of the most critical factors to consider when creating a prenuptial agreement is communication with your partner. Discussing the prenuptial agreement openly and honestly with your partner is essential. You should explain why you believe a prenuptial agreement is necessary and listen to your partner’s concerns and opinions. Remember, the prenuptial agreement is not just about protecting your assets, but it is also about protecting your partner’s interests.

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Illinois Divorce and Taxes: What You Need to Know Before You Sign on the Dotted Line

 Posted on March 20,2023 in Illinois Divorce

st. charles divorce lawyerDivorce can be a difficult and stressful process, and the last thing you want is to be hit with unexpected tax obligations after the fact. If you are going through a divorce, considering your decisions’ tax implications before finalizing a settlement is essential.

Below are some key tax issues that arise during an Illinois divorce and offer tips for minimizing tax obligations.

Tax Implications of Divorce in Illinois

Divorce can have significant tax implications, particularly regarding property division, alimony, and child support.

Here is an example to put this into perspective. Under current Illinois laws, spousal maintenance payments are not tax deductible for either the payer or the recipient. This means that the payer will bear the full tax burden of these payments, which may lead to them seeking a lower maintenance payment amount. Without the benefit of a tax deduction, paying spousal maintenance can be a significant financial burden.

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How to Protect Your Business During a Divorce in Illinois

 Posted on March 13,2023 in Illinois Divorce

st. Charles divorce attorneyIf you are a business owner going through a divorce, you are likely concerned about how your business will be affected. Fortunately, there are steps you can take to protect your business during a divorce in Illinois. Here is what you need to know:

Identify the Whether the Business is Marital or Non-Marital Property 

Non-marital property is property that is not subject to division in a divorce. It includes property that was acquired before the marriage, property that was gifted or inherited, and property that is identified as non-marital in a prenuptial agreement or postnuptial agreement. If you have documentation showing that you started the business before marriage and did not use marital assets to finance or maintain it, this can be used as evidence to establish that your business is non-marital property. However, if you did not keep good records, it can be more challenging to prove that your business is non-marital.

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3 Common Mistakes to Avoid During a Divorce in Illinois

 Posted on March 03,2023 in Family Law

st. charles divorce lawyerDivorce can be a complicated and emotional process, and mistakes made during this time can have significant consequences. That is why it is crucial to understand common mistakes to avoid, so you can be better prepared for what lies ahead.

In this blog post, we will cover some of the most common mistakes people make during a divorce and offer tips for avoiding them. Whether you are just starting the divorce process or are in the midst of it, this information will be valuable to you.

Mistake #1: Failure to Disclose All Assets and Liabilities

Another common mistake in divorce is failing to disclose all assets and liabilities. Full disclosure of assets and debts is required by law, and hiding or failing to disclose assets can have serious legal consequences. Failure to disclose all assets and liabilities can result in a court invalidating the entire divorce agreement and may lead to financial penalties.

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Professionals That Can Help You Gain a Better Divorce Outcome

 Posted on February 28,2023 in Illinois Divorce

Kane County Family Law AttorneyIn the best of circumstances, a couple agrees to end their marriage and is able to come to an agreement on all the issues involved in that decision, as well. Unfortunately, the reality is that when many couples reach the point to end their marriage, it is often the only thing they do agree on. The divorce process then turns into a battle over child custody, assets, and property.

When there are issues that the couple cannot agree on, their attorneys may suggest using experts to help resolve some of the issues and help navigate the process to a fair and equitable resolution for both spouses.

Child Custody Evaluator

A child custody evaluator is typically a licensed psychologist or social worker who provides an assessment of what type of custody arrangement would be in the child’s best interest. The evaluator will interview the child and the parents, as well as review both parents’ home environments. Once complete, they will present their recommendation for a parenting plan.

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What Is the Discovery Phase in an Illinois Divorce?

 Posted on February 17,2023 in Illinois Divorce

st.charles divorce lawyerWhen a couple goes through a divorce, there are different phases to that process. One of those phases is the discovery phase. This is where each side gathers information in order to determine what they are looking for in the final divorce settlement. Having a skilled divorce attorney is critical in obtaining that information and evidence and protecting you from an intrusive and overly aggressive spouse's attorney. 

The Discovery Process

Discovery is used in both criminal and civil actions. The process itself is a legal and formal one and all parties must adhere to the procedures and rules put in place by the court in the case is being heard in. 

In a divorce proceeding, the goal of discovery is to ensure that both parties have the same information about their assets, debts, income, and other financial issues in order to negotiate a fair and just divorce settlement. 

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What Should Be Included in an Illinois Divorce Agreement?

 Posted on February 10,2023 in Illinois Divorce

Kane County Family Law AttorneyYou and your spouse have made the decision to end your marriage. Each of you is going through the process of hiring attorneys and adjusting to this new way of life. There is a myriad of decisions you will have to make throughout this process, including parenting time, where you will live, how your marital finances will be addressed, and more. Understanding the key points that should be decided in your divorce agreement is important in making sure you end up with a fair settlement. Having an experienced divorce attorney representing you is critical to that success.

Child Custody

One of the most important issues that need to be decided in a divorce is child custody. In Illinois, this is referred to as the allocation of parental responsibilities and also includes a parenting time schedule that determines when the child will be with each parent. It is not uncommon for parents to disagree over how custody should be divided – in fact it is more common for parents to disagree over custody than to agree, at least initially.

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When Can I Request Child Support Modification in Illinois?

 Posted on February 06,2023 in Child Support

Kane County child support modification lawyerThere is no denying that many families right now are having a more difficult time making ends meet. Food prices, gas prices, utilities, and the price of all kinds of products have increased. According to the U.S. Bureau of Labor Statistics, the Consumer Price Index increased 6.5 percent for the 12 months ending December 2022.

While these increasing prices can be difficult for all families, single-parent households are often particularly hit harder. If the parent is receiving child support from another parent, are they able to request a modification in that child support to help cover these rising costs? Is inflation a basis for modification?

Child Support Modification

Under Illinois family law, a parent may file for child support modification every three years or if they have experienced a significant change in circumstances. In some cases, there is an automatic cost of living adjustment (COLA) for the child support amount. This usually only applies to child support that is paid through the Support Collection Unit (SCU). In order for an annual COLA to take place, the child support order must have been in effect for at least two years.

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Are You Headed for Illinois Divorce Court?

 Posted on January 30,2023 in Illinois Divorce

St. Charles, IL divorce lawyerMany couples reach a point where they are no longer sure if they want to be married any longer. Even good marriages can hit bumps in the road. So how do you know when you are in a “this too shall pass” moment or if the marriage really has too many problems to work through and it would be better to divorce? The following are some signs that indicate it may be time to contact a Kane County divorce attorney and find out what your legal options may be.

Apathy

Just like the old song “The Thrill Is Gone” laments, one of the most difficult realizations a person can have when examining the state of their marriage is that they are no longer in love with their spouse. The spark that once was there has disappeared. If you no longer feel as if fighting for your marriage is worth it, it may not be. 

Avoidance

Having time to yourself is important, especially when juggling children, household duties, and work. But spending time with your spouse is also important to the health of your marriage. If you find yourself avoiding spending time with your spouse, looking for excuses to leave the house when they are there, and just avoiding making plans together, this is another indicator that there are issues in your relationship that may be impossible to fix.

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