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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