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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