WHAT HAPPENS WHEN BUSINESS PARTNERS DIVORCE?

When a couple going through a divorce are also bubsiness partners, it can create a complicated asset and property division situation.  Typically, the parties will refsue to continue working together and the business must somehow be divided.  The first step is usually to get a estimated valuation of the business.  This will provide a starting point for the parties.  The second step is to determine how a party will be compensated for his/her equity, and which party will continue running the business.  Dividing the equity can be as simple as one party buying out the other's interest in the business with a lump sum or periodic payment.  However, it is not usually that simple.  What happens when both parties want to continue running the business?  Or neither do?  This is when an experienced divorce attorney can explain your options and assist you in determining what may be in your best interests.

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WHAT IS A JOINT SIMPLIFIED DIVORCE IN ILLINOIS?

In Illinois, certain couples will qualify for a joint simplified divorce, which will be much cheaper and quicker for the parties.  In order to qualify for a joint simplified divorce, the main restrictions are that the parties must be citing irreconcilable differences as the grounds for the divorce, neither party may own real property, no children were born during the marriage to the parties, neither party will need to rely on the other for spousal support, and the marriage could not have lasted longer than 8 years.  If you and your spouse qualify under these conditions, a joint simplified marriage may be the best solution for you.  If you are unsure about your rights, please contact one of our divorce attorneys for clarification.

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DO I HAVE TO TAKE PARENTING CLASSES PRIOR TO MY DIVORCE?

Depending on what county is handling your case and if you have minor children, you may be required to take an parenting class prior to the judge finalizing the divorce.  The parenting classes can be taken online and cost around $50.  The class takes 3-4 hours and you will have to pass a test prior to obtaining your certificate of completion, which then must be filed with the court.  Some judges will ensure the classes are taken prior to the prove-up date, while others may not see it as important.

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MENTALLY DISABLED NOW ALLOWED TO FILE FOR DIVORCE

Thanks to a recent Supreme Court ruling, mentally disabled individuals are now allowed to file for divorce in Illinois.  Prior to this ruling, neither the individual could file for divorce nor any guardian representing the individual.  The court ruled that a general ban is no longer ideal, and instead, the court will review each filing on a case-by-case basis, and will consider the best interests of the mentally disabled individual.

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POSSIBLE OVERHAUL TO ILLINOIS DIVORCE LAWS

For those of you that are somewhat familiar with divorce law, you are probably aware of the Illinois Marriage and Dissolution of Marriage Act of 1977.  This is the major legislation that not only covers divorce in Illinois, but all of the supplemental issues involved as well.  Well, it may be getting a major overhaul soon.  The Illinois Family Law Study Committee is proposing the changes, and if approved, it could significantly transform the way cases are currently handled in the areas of child custody, maintenance, child support, and other related matters.  For a consultation on your case, please contact out experienced divorce attorneys.

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IS IT TRUE MY SPOUSE AND I HAVE TO LIVE APART BEFORE FILING FOR DIVORCE?

According to Illinois statute, couple obtaining a divorce on the grounds of irreconcilable differences must live separate and apart for at least two years prior to finalizing the divorce.  However, like a lot requirements in family law, this period can be waived by the parties if both spouses would like to proceed with the divorce without living apart.  Contact one of our divorce attorneys today to see how you can avoid this requirement.

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DIVORCES BECOMING MORE COMPLICATED WITH SOCIAL MEDIA

Divorces can be very complicated or very simple.  Enter social media.  Twitter, Facebook, and other social media outlets have made several divorces more complicated recently because of the information being provided in a very public forum.  For example, many soon to be divorced individuals may begin posting pictures of new "friends" in their life, which can anger the opposing party in the divorce causing a longer and more costly case.  Or the individual may post pictures or tweet about some new purchases or vacations which can further complicate the financial situation between the parties.  Or even worse, some people will comment on social media about how their divorce is progressing and may even give away valuable details about the case to the other side.  From an experienced divorce attorney, "try to cease using social media as much as possible when going through a divorce.  It can't help and can only hurt the process resulting in larger legal fees and more headaches for both parties..."

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STATE ARREARAGE ACCOUNT BALANCE COMMONLY INCORRECT

If you have been behind on child support and an arrearage account has been established, be sure to verify the accuracy of the account.  It is far too common for arrearage balances to be inaccurate, causing headaches and problems for both parties.  If you believe there has been a mistake made with your account or your balance looks incorrect, contact one of our family law attorney so we can order an Account Adjustment Review to ensure its accuracy.

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TYPES OF MAINTENANCE (ALIMONY) IN ILLINOIS

In Illinois, there are several different types of maintenance that can be paid to former spouses.  Even while a divorce case is ongoing, a judge can order that one party pay temporary maintenance to support the other party until the case is completed.  Typically, once a judgment is entered, the judge order that permanent maintenance will be awarded, meaning that one party will continue to pay the opposing party a monthly sum to assist the payee with the living expenses they will incur.  This maintenance is typically reviewable after a few years where the courts will re-evaluate the situation to determine if maintenance is still appropriate.  A party could also receive rehabilitative maintenance, which is awarded when one spouse needs some time to become financial independent, such as to complete schooling or training for a new career.  Finally, maintenance can be awarded as either a lump-sum or through monthl payments, with the latter being more common among Illinois divorces.

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IS ILLINOIS A NO-FAULT DIVORCE STATE?

Generally speaking, Illinois is a no-fault divorce state meaning that it is not necessary or advantageous for one party to show wrongdoing by the opposing party.  However, there are some exceptions as provided by statute.  For example, in order to qualify for fault, a party must show the opposing party committed adultery or bigamy, engaged in mental or physical cruelty, deserted the party for over one year, experienced impotence, or demonstrated habitual alcohol or drug abuse for two years or more.  With all that being stated, over 90% of divorce cases filed in Illinois are no-fault divorces.  To learn more about your options and have your divorce questions answered, please contact one of our divorce attorneys today to schedule a free consultation.

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CAN I FILE BANKRUPTCY AFTER MY DIVORCE?

The simple answer is yes, you can file bankruptcy anytime if you qualify.  However, it may not produce the desired results.  For example, maintenance, child support, and your divorce attorney's fee are generally not dischargable through a bankruptcy, meaning you will have to continue to pay those expenses as though you had not filed bankruptcy.  Also, filing bankruptcy after a divorce can complicate some matters as well.  For example, if one party is awarded the house or some other valuable property after a divorce, or one party's name remains on a mortgage, and that party then files bankruptcy, there will be some complications for both parties.  It is important to speak with a bankruptcy attorney to understand the complete process before proceeding so no unexpected outcomes result.

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HOW DO I PREPARE MYSELF FOR A HIGH NET WORTH DIVORCE?

I am often approached by clients who have substantial assets asking what they need to do in the short time prior to a divorce filing. My first bit of advice is to assemble a team to work on your behalf. High net worth divorces require much more than just a lawyer as I often advise clients to bring on their accountant, financial advisor, and sometime even their insurance provider in order to assist with navigating through the process. It is important to have these professionals working on your behalf to ensure your best interests are protected and there will be no hidden surprises in the future.

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WHAT IS A NON-CONTESTED DIVORCE?

Generally, a divorce can be either contested or non-contested.  In a non-contested divorce, all of the issues such as maintenance, child support and custody, and asset division have been agreed upon by the parties, meaning there are no outstanding issues to be settled by the court.  This generally allows the case to proceed and conclude easier and quicker, thereby reducing the attorney's fees and expenses for the parties.  Obviously, in a contested divorce, there are some outstanding issues that must be decided by a judge because the parties could not reach an agreement.  These cases will take much longer, require more time, and therefore, be more expensive for everybody involved. 

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CAN A GRANDPARENT OBTAIN VISITIATION OF THEIR GRANDCHILD?

Yes, grandparents can obtain visitation of their grandchildren. Under Illinois law, visitation as a grandparent is a privilege, not a right, and the grandparent has the burden of proof in all cases. In cases where the parents of the child are divorced, separated, incarcerated, etc., it will be easier for the petitioner to satisfy the requirements of the statute. In a case where a grandparent is attempting to obtain custody, the court will review a number of factors in order to determine if custody is in the best interests of the child, such as the child's preferences, the preexisting relationship between the child and grandparent, whether the grandparent has been responsible for the child before, etc. Please contact one of our family law attorneys for additional information.

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WHAT HAPPENS IF SOMEONE TRIES TO RECONCILE WITH MY SPOUSE AFTER FILING FOR DIVORCE?

Should this happen, there are basically have two options on how to proceed. Since most judges like to keep divorces moving through the system and wrap things up as soon as possible, that individual will need to take some action to allow some time to attempt reconciliation. First, you could ask the judge to be placed on the reconciliation list, which basically means you case is put on the inactive list for up to six months while the parties attempt to reconcile. The parties could also withdraw their petitions and counter-petitions for dissoluation of marriage. The difference between these two, is if the petitions are withdrawn, you will have to refile everything and repay the fees should you want to proceed with the divorce, while you can pick up where you left off if you chose to be put on the reconciliation list.

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HOW DOES AN INDIVIDUAL PAY DOWN AN ARREARAGE IN CHILD SUPPORT?

If an individual is unable or refuses to pay child support as ordered by the court, an arrearage will exist. Unfortunately, many individuals find themselves in this position, so it is important to know that if you are entitled to support, you will have to complete the appropriate forms in order for the delinquent party to pay down their arrearage. This typically happens when the paying parent becomes unemployed, and therefore does not have the assets to stay current on support payments. When that individual does secure employment again, you must not only enter a withholding order so that the current statutory payments will be made, but the paying parent will also be required to pay an additional amount every month in order to reduce the arrearge, which will be included in a court order. In order to ensure this is setup correctly, contact one of our divorce lawyers so we can assist you.

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HOW DO I GET MY CHILD SUPPORT TAKEN OUT OF MY SPOUSE'S CHECK?

Generally, you can have your child support taken directly out of your spouse's check in order to ensure you receive the correct amount on time. This is done by completing a withholding order, filing it with the county, and then submitting it to your spouse's employer. When this is done, child support will be taken directly out of the paycheck, just like taxes, and sent to you. Be aware that in some situations this may not be possible because of self-employment, unemployment, and various other obstacles that may arise. If you are having trouble collecting the child support you are owed, please contact our family law attorney to schedule a free consultation.

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HOW TO MODIFY CHILD SUPPORT

The amount of child support paid is based on the net income of the paying parent. For example, if there is one child, the parent would owe approximately 20% of his or her net income to the residential parent. However, what happens if that parent's income increases or decreases? In that case, you would have to file a Motion to Modify Support, and you would ask the court to increase or decrease the child support in order to reflect the new income level. Please be aware that you cannot enter court and ask for a modification every time the individual's income changes. There must be a "significant" change in income or circumstances in order to get the amount of child support modified.

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WHAT IS THE DIFFERENCE BETWEEN SOLE AND JOINT CUSTODY?

This may be surprising, but the answer to this question is likely not as easy as you think. There are two different types of custody that arise pertaining to a child. The first is physical custody, which designates with which parent the child will reside the majority of the time. Second is legal custody, which refers to the decision-making authority about major issues in the child's life. For example, when two parents are granted joint custody, that does not mean the child will spend equal time living with each parent. Instead, the term "joint" refers to the legal custody, and mandates that all major decisions in the young child's life will be discussed and made by both parents. This includes issues like religion, education, activites, etc. When two parents have joint custody of a child, one parent will have residential custody, menaing the child will reside with them the majority of the time.
When a court grants sole custody, this does not mean that only one parent will be allowed to have physical custody of the child. In fact, that rarely is the case. Instead, it usually refers to the fact that one parent will have the right to make all of the decisions in a child's life until that child is ready and able to make those decisions on his or her own. When sole custody is granted, the non-custodial parent will usually have visitation rights with the child, unless there are unique circumstances in a case making the parent a danger or unfit to handle a child.
Please contact one of our divorce or child custody lawyers for additional information or to schedule a free consultation.

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HOW IS PROPERTY DIVIDED IN A DIVORCE?

In a typical divorce, property division can be a very contested issue. Generally, the parties' property is divided into to categories: marital and non-marital property. Marital property is that property that was acquired during the course of the marriage, and non-marital property property that was acquired by the parties prior to the marriage. Generally, each party retains their non-marital property, and the marital property is divided according to the parties' agreement or the court's orders, which will usually try to provide each side with some valuable and necessary property. In addtition, there is some property that will be declared non-marital property and therefore, outside of the scope of the property to be divided even if it was acquired during the marriage. Contact one of our divorce lawyers today to learn more about this exception.

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