Tag Archives: division of property

How Do Mothers’ Rights Impact an Illinois Divorce?

Wheaton divorce attorneyIn recent years, a lot of emphasis has been placed on fathers’ rights during and after a divorce. This is partly due to a trend in which many dads have taken more active roles in parenting compared to fathers in previous generations. In divorces that took place in the past, mothers were typically awarded what was called “sole custody” of the children, as well as alimony, child support, the marital home, and other assets. However, things often turn out differently in today’s divorces, since many mothers and fathers share in earning household income and raising children.

In modern divorce cases, mothers’ rights regarding child custody should not be automatically assumed like they often were in the past. During divorce, both parents should be sure to understand their rights and the ways they can reach a favorable outcome.

Protecting the Best Interests of the Child

In Illinois, the court is instructed to consider what is in the best interests of the child when it comes to the “allocation of parental responsibilities” (formerly known as child custody) and “parenting time” (formerly known as visitation). According to Illinois law, if married parents reside in the state, then a family court will decide on these matters as a part of their divorce proceedings. For an unmarried couple, paternity must be established before a court can address matters of parental responsibility and parenting time.

Many factors play a part in deciding parental rights. While the court will not necessarily address which parent is “better” or “worse,” it will consider how the decisions made will affect the child’s well-being. Some of these factors a judge will consider when determining what is in a child’s best interests include:

  • The wishes of the child’s parents regarding who will have parental responsibilities

  • The wishes of the child

  • The child’s relationship with parents, siblings, and other relatives

  • The child’s adjustment to their home, school, and community

  • The mental and physical health of all family members who are involved in the child’s life

  • The occurrence or threat of physical violence against the child by either parent

  • Any domestic abuse against the child or others in the household

  • The willingness of each parent to promote a continuing relationship between the child and the other parent

  • Whether either parent is a sex offender

Mothers play pivotal roles in the nurturing and development of their children. Therefore, they should have equal rights and a say in the outcome of a divorce, especially when it comes to future parenting.

Contact a Wheaton Family Law Attorney

There are many aspects to consider during a divorce, and decisions about parenting time and the allocation of parental responsibilities are often some of the most important issues to resolve. If you are a mother who is concerned about your rights as a divorcee, the compassionate legal team at Andrew Cores Family Law Group will explain your rights and work with you to reach a positive outcome to your case. Call a compassionate DuPage County divorce lawyer at 630-871-1002 to schedule a free consultation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

 

Who is Considered an “Expert” in a Family Law Case?

DuPage County family law attorneyThe more complex a divorce is, the more likely there will be experts utilized to provide information to the case. These professionals are often called in by one side to help sway the court’s decisions on various elements. Attorneys can rely on an expert to help prove their client’s parenting skills, disprove the other’s parenting abilities, reveal hidden bank accounts, or prove through bank statements that the other spouse was spending marital money on an affair. Below we outline a few different types of family law experts that could play a role in your own divorce case.

Child Psychologist or Child Expert

A child expert is a psychologist who meets with parents, children, and other family members and relevant parties in order to make recommendations on a parenting plan and custody.

Forensic Accountant

Much of divorce is about asset division, alimony, and child support. A forensic accountant may be called in to assess tax issues, provide insight into a spouse’s standard of living, place value on a business, or provide information about credit card statements or cash-flow.

Property Appraisers

These experts can produce an accurate value on jewelry, artwork, vehicles, furniture, and other assets as part of marital property division. Additionally, real estate appraisers may be necessary to assess the value of a home or other property.

Vocational Rehabilitation Expert

Spousal support, often referred to as alimony, is often awarded on the basis of the receiving spouse’s ability to earn an income in the future. This income sometimes depends on that spouse’s ability to attain the necessary education or job training. A vocational rehabilitation expert may give testimony about a spouse’s potential for vocational training or education. For example, the paying spouse may use such an expert to show the court that vocational rehabilitation is possible and that alimony should be minimal or temporary, and the receiving spouse may use such an expert for the opposite reason.

Call a Wheaton, IL Divorce Attorney

If you are going through a complex or contested divorce, you need to work with an experienced attorney, who may use additional experts to help secure a favorable outcome. To get the results you want in child custody, child support, and asset division, call the dedicated DuPage County family law attorneys at Andrew Cores Family Law Group today at 630-871-1002 to schedule a free consultation.

Sources:

http://edahngolan.com/Docs/Edahn_Golan-2015_US_State_of_the_Jewelry_Market.pdf

https://www.forbes.com/sites/davidkiley5/2018/05/30/average-new-vehicle-cost-is-36000-and-loan-delinquencies-are-up/#7223848b1e84

How is Marital Property Divided in Illinois After Divorce?

DuPage County divorce lawyersBuilding a life together as a married couple inevitably involves the accumulation of personal assets. The time and effort it took to financially afford and personally choose these items cannot be measured in dollars alone. Facing the prospect of dividing years of memories and hard work these items represent due to divorce requires some ability to look at this situation with objective eyes. Neither should expect to get everything they want.

Part of this evaluation is having a realistic sense of what percentage of marital property each spouse should expect to receive, and Illinois is not a community property state that guarantees each spouse 50 percent of all property. Instead, it follows equitable distribution rules that base property division in divorce on what is most fair under the circumstances, which creates a vague standard that is at the discretion of the judge. As a result, spouses should make all efforts to mutually agree on property division, so the outcome is known, but also having an understanding of how courts view this issue and the process judges use to formulate a settlement is important as well.

Property Division Laws

One of the most important things to understand about property division in an Illinois divorce is that only marital property may be divided. Non-marital property, including inheritances, gifts, and property owned before marriage by one spouse and kept separate, remain with the person who purchased or received these assets. Further, Illinois is a no-fault divorce state, so the misconduct of a spouse during marriage, outside of using marital funds for non-marital purposes, will not factor into a court’s analysis of property division. Instead, the judge will work through a long list of prescribed factors to determine which allocation of assets and liabilities would be most fair. Some of these factors include:

  • The contribution of each spouse to the acquisition, accumulation or increase and decrease in value of marital property, including spouses who stayed at home and took care of the household;
  • Dissipation or waste of marital property by either spouse;
  • The property’s value;
  • The length of the marriage;
  • The economic circumstances for each party as a result of the property division;
  • The ability of each spouse to generate income;
  • The parenting responsibilities of each spouse; and
  • The tax consequences of the property division.

Facilitating a Better Property Settlement

As mentioned, the best way to handle this issue is to decide how to divide assets and liabilities privately, but even if a court is asked to settle the distribution, there are things a person can do to put them in a better position. First, organize finances before the divorce even begins, which will allow a spouse to know what they have. In addition, figure out a budget that takes into account the cost of litigating this issue, as well as the amount of resources one will need after the divorce to survive financially. Finally, make sure the tax consequences of any property settlement, as well as support obligations, are fully understood for post-divorce purposes so that a spouse does not end up financially underwater due to lack of planning.

Speak to a Wheaton, IL Divorce Attorney

Dividing your property is both an emotional and financial experience that is hard to navigate alone. Save your stress by working with an experienced divorce attorney. The skilled DuPage County family law attorneys at the Andrew Cores Family Law Group know the implications and obstacles of forming a property settlement and can provide the guidance you need to get the best possible result. Contact us at 630-871-1008 for a free consultation.

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm