Posted on October 03,2024 in Marital Property

A recent article in the Wall Street Journal may be causing concern for some spouses. The article discusses a super-wealthy couple going through a divorce. The wife - intending to remain in the couple’s 50,000-square-foot property during the divorce - was shocked to find that the house and virtually all of the couple’s assets were part of a network of secret trusts and LLCs.  Since the wife was not listed as a beneficiary of the trust the house was in, she was not entitled to live there, and the property was not a part of the marital estate.

During the divorce, the husband went on a high-end shopping spree, buying up millions of dollars of real estate that he then placed in LLCs – out of the reach of his wife.  He also bought million-dollar homes to "gift" to his adult son. This situation reflects a growing trend in which those with financial means use secret trusts, prenuptial agreements, gift strategies, and LLCs to shield high-end real estate in the event of a divorce.

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 Posted on September 30,2024 in Divorce

Divorce and what causes it are highly personal issues for most people. In some cases, it is not one big event that leads to divorce; rather, as the years pass, a couple grows apart, finding they have little in common. For some, money is the issue. Perhaps there is never enough money, or the spouses have vastly different ideas on how to spend marital money. In other marriages, arguments over in-laws or how to raise the children eventually occur so often that divorce seems to be the only path forward.

Many couples will face at least one of the three "A"s – abuse, adultery, and addiction. These issues are often so serious that divorce can seem inevitable. Whatever the reason you and your spouse no longer choose to be married, having an experienced Wheaton, IL divorce attorney as your legal advocate can make the process much less stressful. When you know you have someone watching your back who cares about your future, the path forward seems much more attainable.

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 Posted on September 24,2024 in Divorce Finances

Divorce can be especially challenging when you are concerned about your financial future and suspect your spouse may be hiding or dissipating assets. In the state of Illinois, a temporary financial restraining order can be a vital tool in protecting your assets if you are in this situation. Since obtaining a temporary financial restraining order requires careful navigation of the legal system, having a Wheaton, IL, dissipation of assets lawyer from Andrew Cores Family Law Group can be extremely beneficial.

How Do You Know if Your Spouse is Hiding or Dissipating Assets?

If you feel uneasy about your marital finances, you should pay attention. An unexplained, sudden shift in your spouse's financial behavior is one of the first indicators that he or she may be dissipating or hiding assets. Your feeling is probably spot on if you see substantial cash withdrawals or money transfers.

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 Posted on September 19,2024 in Illinois Law

Eight years ago, Illinois made significant changes to laws surrounding family law issues, including divorce, spousal support, child custody, and so-called "heart balm" laws. Heart balm laws might be the most entertaining changes to family court laws, as they allowed jilted lovers to seek financial compensation for their "anguish." These laws covered a broad range of circumstances that might result in a failed relationship.

The heart balm laws were in effect in Illinois for more than 160 years, allowing those with a broken heart to sue for their heartache. The defendant in these civil suits was usually the "other" man or woman rather than the spouse. While a settlement was the end result, the ultimate goal of these lovelorn lawsuits was to humiliate and seek revenge. Although a major push across the U.S. was made in 1935 to outlaw heart balm laws, they remained on the books in Illinois until 2016.   

Other important changes were also made in 2016, most notably changes in the language that governs child custody. Whatever your family law issue, it is always beneficial to have an experienced Wheaton, IL family law attorney from Andrew Cores Family Law Group to guide you through the process with empathy and skill.

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 Posted on September 16,2024 in Child Custody

Divorce is tough on everyone involved, most particularly for the children who may feel "torn" between their parents. This is especially true when divorce is particularly contentious, and the parents have nothing nice to say about one another. In some cases, after the divorce, the situation between the parents can be just as antagonistic when the parenting plan kicks in. One parent may feel as though he or she is missing out on the important issues of the child, particularly the parent who has less time with the child under the allocation of parental responsibilities.

Consider the case of a Chicago father whose ex-wife used the daughter’s therapy to cut the dad’s parenting time short. The parents shared custody of their ten-year-old daughter; both parents enjoyed a generous parenting schedule and a close relationship with the girl. When it became necessary for the daughter to engage in extensive at-home therapy sessions, those sessions always took place at the mother’s home. The dad soon realized that these therapy sessions were cutting out a large portion of his court-ordered parenting time.  

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 Posted on September 11,2024 in Collaborative Law

Collaborative divorce can be a more amicable option for divorcing couples. It avoids a trial while allowing a couple to retain control over the decision-making. The collaborative divorce process begins with a conversation between the spouses to ensure both parties are willing to work together.  

If either party is unwilling to work cooperatively, a collaborative divorce is not the right choice for you and your spouse. Yet when a judge must make decisions regarding asset division, allocation of parental responsibilities, and spousal support, the outcome may not be one that either spouse is happy with.

Courts encourage couples to work together to resolve divorce disputes outside of court, and collaborative divorce can be one of the best ways to do this.  While there are many benefits associated with collaborative divorce, the process is not for everyone. Perhaps the most common reason a collaborative divorce does not work for a couple is mistrust.

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 Posted on September 05,2024 in Child Custody

The allocation of parental responsibilities during a divorce is often one of the most contentious, stressful parts of the process. Both parents may want more time with the child, or they may be unable to put together a parenting plan that works for all those involved. The family court standard is in the best interests of the child, and while parents want what is best for their child, they may be unable to be objective about what that looks like. Child custody evaluations may be ordered, or one parent may request an evaluation.

These custody evaluations can play a pivotal role in custody decisions as courts generally give them considerable weight. If a custody evaluation is a part of your allocation of parental responsibilities, it can be extremely helpful to speak to an experienced Wheaton, IL child custody attorney from Andrew Cores Family Law Group. Attorney Andrew Cores is currently a Fellow for the Collaborative Law Institute of Illinois and will zealously work on your behalf to ensure the best outcome possible.

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 Posted on August 29,2024 in Child Custody

The 2020 pandemic brought an entirely new issue to the forefront: whether to vaccinate children against COVID-19. Parents already face plenty of tough issues when allocating parental responsibilities, and "to vax or not to vax" has been added to the list. Although "anti-vaxxer" parents have become more prevalent over the past couple of decades, the COVID-19 vaccine caused many parents to draw a firm line in the sand. A 2023 study found that COVID-19 vaccination rates remain low in children and adolescents years later.

Parents who received the vaccination themselves are five times more likely to ensure their children also received the COVID vaccination. It is not just the COVID-19 vaccination that parents are refusing; routine vaccinations for children declined nationwide during the pandemic – and never rebounded. During the decade before the pandemic, vaccine rates for children held steady at a bit more than 95 percent. In 2024, that rate was between 92 and 93 percent, and it continues to fall.  

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 Posted on August 26,2024 in Divorce

Couples who have decided to divorce may want to get the process over and done with as quickly as possible. A quick resolution is the goal, especially for spouses who can barely sit in the same room. It can be difficult to choose between negotiated divorces that may include collaborative divorce law or mediation or a litigated divorce that ends in a courtroom.

Litigated divorces tend to be much more contentious than divorces that implement negotiation. Even so, there are some situations where a divorce is absolutely going to end up in front of a judge, regardless of whether negotiating tactics are attempted. Whether you and your spouse choose negotiation or litigation – or it chooses you, as is often the case – you can benefit from having an experienced Wheaton, IL divorce lawyer from Andrew Cores Family Law Group by your side.

What Types of Negotiation Might You Consider During Your Divorce?

Divorce issues can usually be settled more quickly when a negotiated approach is taken. A trial can often push the divorce out so that it takes at least a year or more to complete, thanks to significant waiting periods between each court appearance.

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 Posted on August 21,2024 in Divorce and Taxes

Unfortunately, many people do not realize they have made serious tax missteps during their divorce until after the divorce is over.  Every extra dollar you pay in federal or state taxes and capital gains taxes is money your family will not have.  Determining tax implications to ensure you do not have to pay more than you must is essential. Divorce is emotionally draining and difficult for all those involved, even under the best of circumstances.

Taxes are likely the very last thing you are thinking about right now, yet at some point, taxes owed could become a significant financial burden.  The time to consider how to protect against an unexpectedly heavy tax burden is during the divorce. Speak to a knowledgeable Wheaton, IL divorce attorney from Andrew Cores Family Law Group, who can help you arrange your finances in the most tax-advantageous way possible.

Does the Timing of a Divorce Matter for Tax Purposes?

Most people considering a divorce do not think about which month to file to minimize taxes. Each spouse's specific financial situation will help determine what issues to consider when filing for divorce. Perhaps it will not make much of a difference either way, but it is important to remember that marital status as of December 31st determines how taxes are filed.

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