Recent Blog Posts
What Should I Do If I Suspect My Spouse of Dissipating Marital Assets?
If you and your spouse are on the verge of divorce or have already filed for divorce, you may notice that your spouse is engaging in particularly unusual spending patterns. Be it gambling all the time, neglecting to pay certain bills, or spending exorbitant amounts of money on major purchases without your consent, your spouse might be dissipating marital assets. That is the legal term for when your spouse acts irresponsibly with your joint finances leading up to and during a divorce. Evidence of this dissipation of marital assets can be brought before the court to ensure that you are adequately compensated for any frivolous spending, thereby securing fair and equitable division of property and assets during the divorce. Below are some practical steps you can take if you suspect that your spouse is dissipating assets.
How Much Will an Illinois Divorce Cost, and What if I Cannot Afford it?
If you are considering divorce, you may be concerned about your ability to afford attorney’s fees, court costs, or other expenses. This can be a major concern during difficult times, especially when the economy is struggling and many people are unemployed. By understanding how to address the cost of divorce, you can take the legal action necessary to obtain the results you and your family need.
The Facts About Divorce Expenses in Illinois
It is true: divorce can be expensive. This is particularly true if you do not have much money to begin with. In fact, recent statistics about the cost of divorce in Illinois suggest the following:
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The average cost of divorce in Illinois if you have no children is the 13th highest in the nation at about $13,800.
Could the Illinois Stay-at-Home Order Lead to Domestic Abuse Accusations?
These difficult times might have revealed many issues and vulnerabilities within marriages, leaving some couples wondering whether divorce might be a good option for them. However, there are other couples who might be dealing with even more problematic situations involving accusations of domestic violence. Since Governor Pritzker issued the original Stay-at-Home Order in Illinois, reports of domestic violence across the state have spiked. Here is an analysis of some of the most common ways that these challenging times have led to such increases in domestic abuse reports:
5 Reasons Domestic Violence Cases May Increase
In some parts of the country, there have been fewer reported cases of domestic violence and abuse during this public health crisis. However, in many regions throughout Illinois, reports of such cases have actually increased. This may be due to an increased potential for conflicts within most homes, including:
How Can I Settle Co-Parenting Issues When Staying-at-Home in Illinois?
Over the last few months, it may have become increasingly difficult for you and your co-parent to properly follow your court-approved parenting plan. You both want to fulfill your parental responsibilities and ensure that you can spend a fair amount of parenting time with your kids, but you also do not want to put anyone’s health or safety at risk. Conflicts in these areas may be even worse if you and your co-parent have different philosophies regarding the Illinois Stay-at-Home Order. Governor Pritzker deemed from the beginning of the order that it is essential for parents to honor their court-ordered parenting commitments, but under certain circumstances, doing so might not be a good idea. Here are some things to consider while you both adapt to the “new normal” as co-parents during a crisis:
3 Reasons to Use Alternative Dispute Resolution in an Illinois Divorce
There are a wide variety of issues that will need to be settled in a divorce case, and resolving disputes through litigation in court can be costly and time-consuming, while resulting in less than optimal decisions for your family. To address these matters more effectively and avoid contentious disputes, you might want to consider alternative dispute resolution (ADR), which could include collaborative law, mediation, or arbitration.
Why Use Alternative Dispute Resolution?
Some of the best reasons to use alternative dispute resolution instead of traditional litigation include:
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Efficiency—ADR can provide significant savings of both time and money during the divorce process. Making multiple court appearances and preparing for a divorce trial involves significant expenses, and legal proceedings can last several months, or even years. ADR can help you streamline the process of resolving your disputes and allow you to reach a divorce settlement much more quickly while avoiding unnecessary expenses.
Can Divorce Provide Options Other Than the Traditional Nuclear Family?
As divorce continues to be a likely outcome for many marriages, families across the state and nation alike face the possibility of a nontraditional homelife situation. In recent years, some people have argued that the nuclear family may be the source of many societal ills, from economic inequality to racial injustice. Because of this, people have started to wonder whether the traditional nuclear family of a mom, a dad, and one or more children is truly quintessential to a child’s positive upbringing. The truth is, there are alternatives to the nuclear family, some of which might be even more beneficial to your family following a divorce.
3 Beneficial Alternatives to the Nuclear Family
As nuclear families become less and less common, it might be worth considering alternatives to that particular family model. Examples of strong options that may be available after a couple has divorced include:
How Common Is it for Mothers to Pay Child Support in Illinois?
While it might be easy to assume that fathers usually end up being the ones paying child support after divorce, the truth these days is much more complicated than that. Although prior views of fathers being the primary breadwinners and mothers being the primary caregivers in the family dynamic were true for many years, this has become less and less common in this day and age. A look at the latest information proves that the times are certainly changing—as are the trends in child support and spousal support.
Latest Developments in Child and Spousal Support Defy Stereotypes
In 1979, the Supreme Court ruled that all alimony must be viewed as gender-neutral. This opened the door to men not always having to be the ones who are financially responsible for spousal maintenance payments after divorce. Since then, the latest developments in child support and spousal support payments alike have progressed in a way that defies stereotypes. For example:
When Should I Consider Legal Separation Instead of Divorce?
If you and your spouse are having relationship problems, but you are not ready to deal with the challenges and finality that come with a divorce, you might want to consider getting a legal separation. A legal separation can enable you to do many of the same things you can do through divorce, such as determining parental responsibilities, parenting time, temporary spousal support, and child support. However, you will remain legally married to your spouse, and this can provide a number of advantages.
6 Reasons to Get Separated Instead of Divorced
Can Children Know What Is in Their Best Interests in a Divorce Case?
Throughout the divorce process, if you have children, you and your co-parent will need to devise a parenting plan that clearly defines the allocation of parental responsibilities, parenting time schedules, and other child-related issues. In the state of Illinois, the standard used to determine many of these concerns is referred to as “the best interests of the child.” When decisions are made regarding custody of children of divorcing or separating parents, their best interests have the greatest bearing on the end result. While Illinois has a strict set of guidelines elaborating on those “best interests,” these issues may be open to interpretation, especially since the circumstances surrounding each child custody case are unique. In some cases, determining how much of a say children should have regarding what is in their best interests can be difficult.
How Do I Know if My Spouse Has Dissipated Marital Assets?
According to Illinois law, dissipation of marital assets is defined as the use of marital property or assets to solely benefit one spouse for a purpose unrelated to the marriage when the marriage is in the midst of an irreconcilable breakdown. As a marriage undergoes difficult times—and as divorce becomes more and more likely—one or both of the spouses might begin deviating from their usual spending patterns. They might spend marital funds irresponsibly, neglect to pay bills, or enter into major financial agreements, among other things, all without the other spouse’s consent. This could affect the fair and equitable division of marital property during the couple’s divorce.