Tag Archives: DuPage County divorce attorney

Misrepresenting Financial Status During a Divorce Can Be Disastrous

financial, DuPage County divorce attorneysWhen we think of divorce, many of us initially only consider the personal and romantic relationship which is coming to an end. However, divorce is not only the end of a romantic partnership, but also a financial relationship. Finances are usually merged when two people get married and move in together. Divorcing couples who cannot agree on how to split their accumulated assets will have that decision made for them by the court system.

Hiding Assets or Lying About Finances Will Only Drag Out Your Divorce

In order to make decisions about things like child support, spousal maintenance and property division, courts use each divorcing party’s self-reported financial information. For example, when a judge needs to decide how much spousal maintenance a person must pay to their ex, he or she will consider things such as each person’s income and future employability. Sometimes, in order to game the system, a spouse will lie about how much money they make or what their debts are. Doing this can significantly delay and complicate the divorce process. In order for a divorce to go smoothly, both spouses must be willing to be honest regarding their finances.

Ways a Spouse May Attempt to Defraud

It can be more difficult than you might imagine to spot someone lying about their finances during a divorce. Some married couples are very secretive about their assets and property, so a spouse suspicious of the other may not even know where to look to find clues of deception. There are many different tactics a person can use to misrepresent their financial status. A divorcing spouse attempting to deceive the court regarding their assets may

  • Hide antiques, jewelry, fine art, or other valuables at someone else’s house;
  • Take out cash from bank account(s) and put it in an unknown deposit box;
  • Make unusually large purchases;
  • Sign deeds to real estate over to another person;
  • Exaggerate debts;
  • Falsify self-owned business ledgers;
  • Underreport employee benefits such as retirement accounts or stock options;
  • Pay the Internal Revenue Service (IRS) more than they are due; and
  • Make copious cash withdrawals on credit or debit cards.

Negative Consequences for Those Who Hide Assets

If a person gets caught lying about his or her finances during a divorce, they are at the mercy of the judge assigned to their case. A judge may order a deceitful spouse to pay penalties, or sanctions in order to compensate for his or her wrongdoing. Furthermore, the judge may force the lying spouse to relinquish remaining assets to his or her spouse or pay more in spousal maintenance. A person who continually lies or attempts to deceive the court during a divorce case can be charged with contempt and even arrested.

Considering Divorce? Let Us Help

If you are planning to divorce your spouse or you have further questions about hidden assets, reach out to the experienced Wheaton divorce attorneys at the Andrew Cores Family Law Group. To schedule a free, confidential consultation call 630-871-1002 today.

 

Sources:

http://info.legalzoom.com/penalty-hiding-assets-divorce-25071.html

https://www.forbes.com/sites/jefflanders/2012/11/14/what-are-the-consequences-of-hiding-assets-during-divorce/

How Will Adultery Affect My Divorce?

adultery, Wheaton divorce attorneysIt is no secret that many marriages end as a result of infidelity. About 41 percent of married people admit to having either a physical or emotional affair. Even more surprising, 57 percent of men and 54 percent of women admit to cheating at some point in their life. When an affair is one of the factors which ends a marriage, it may affect your divorce, but not in the way you might think.

Illinois is a No-Fault Divorce State

Illinois has been “pure no-fault state” since the start of 2016. This means that the state does not require divorcing couples to state their specific reasons or “grounds” for ending the marriage through divorce. Before the 2016 change, grounds like adultery or repeated mental or physical cruelty could be used as the cause of the divorce. Today, those seeking a divorce in Illinois only have one ground for filing for divorce: “irreconcilable differences.” According to the Illinois Marriage and Dissolution of Marriage Act, a judgment of divorce will be issued only if “irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.” For most couples, infidelity will not affect their divorce in any meaningful way.

Special Circumstances in Which Infidelity May Affect Your Divorce

Many people presume that if their spouse cheats, the unfaithful spouse will somehow be punished for his or her infidelity during the divorce process. They might believe that the faithful spouse will automatically receive of primary custodial responsibilities for the children or that the cheating spouse will be forced to pay more in spousal maintenance. However, this is no longer the case. Adultery usually has little to no impact on support or custody decisions.

There are only a few rare circumstances in which a spouse’s new romantic interest could affect their ability to get custody of their child. Judges use the same main criteria to make decisions regarding custody and visitation (now called parenting time) across the board: They determine what will protect the child’s best interest. So, if a spouse’s new girlfriend or boyfriend is a danger to the child, it may affect the court’s decision regarding the allocation of parental responsibilities. If a spouse’s affair or new romantic interest does not damage the parent-child relationship or put the child in harm’s way, it will probably not be considered during the divorce.

Just the act of having an affair will probably not come up during divorce proceedings. However, if the cheating partner spent marital assets on his or her new romantic interest during the marriage, he or she may be required to replace that money before marital property is divided. This is called “dissipation.” A spouse accused of dissipation of marital assets must either prove that the allegations are false or pay back the marital estate the money spent for non-marital purposes like the affair.

If you have further questions about how your or your spouse’s affair will affect your divorce, contact the experienced Wheaton family lawyers at Andrew Cores Family Law Group by calling 630-871-1002 today.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000

How to Tell Your Spouse You Want a Divorce

divorce, Wheaton divorce lawyerThe truth is that not every marriage will last forever, and in some cases, this is a good thing. Sometimes, people in a marriage realize that it would be better if they were no longer married. They may be simply no longer in love with each other, have grown apart, or one spouse does something that the other spouse cannot accept, such as have an affair. Oftentimes, one person in the relationship starts considering divorce before the other does. In such a case, it can be extremely difficult for the spouse seeking a divorce to tell their partner of their decision. There is no perfect way to tell your spouse that you want a divorce, but experts do have some advice to help make the conversation more effective and less painful.

Have a Plan and Remain Calm

Firstly, it is important to have the conversation with your spouse at a time that you are alone and there are not distractions. If you have children, wait until they are not around to break the news. Try to have a calm, non-aggressive attitude. The process of telling your spouse you want a divorce is often one of the most difficult and agonizing conversations a person can have. Getting overly emotional will only cause the conversation to become an ineffective fight or cause one of the spouses to become overwhelmed.

Avoid the Blame Game

Relationship experts also encourage people discussing divorce to avoid using accusatory language and instead only speak about their own personal feelings. For example, instead of saying to your spouse, “You never pay attention to me!” say “I feel lonely.” Even if you believe that the divorce is your spouse’s fault, you have already made you decision. There is no point in laying blame.

Focus on the Goal

It has been said that no happy marriage ends in divorce. If you are seeking a divorce, it is because you believe that things will be better when you are no longer married. Keep this in mind. The divorce process may be painful and tedious, but there is reason to remain hopeful. Many people who get divorced go on to live happier lives than they ever thought possible.

Let Us Help

If you are considering divorce, our skilled attorneys are ready to provide the guidance you need throughout every step of the process. Contact a Wheaton divorce lawyer at the Andrew Cores Family Law Group and schedule your free initial consultation today. Call 630-871-1002 for an appointment.

 

Sources:

https://www.huffingtonpost.com/2014/08/04/ask-for-divorce_n_5631041.html

https://www.psychologytoday.com/blog/divorce-grownups/200911/telling-your-spouse-you-want-divorce