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How to Prepare for a Divorce in DuPage County

Posted on April 19, 2016 in Divorce

preparing for divorce, DuPage County family law attorneys Divorces usually take many months to finalize, and the constant hearings, court orders, and normal difficulties of dealing with a spouse you are ending a relationship with make it an extremely difficult process. Of course, divorce is often necessary for many reasons. But while this process can be long and often messy, there are actually several steps you can take to make it go a little more smoothly.

Get Your Finances in Order

Perhaps the best thing a couple can do to prepare for a divorce is enter into a prenuptial agreement, as this can make the division of property and spousal maintenance an extremely simple process. However, many couples are hesitant to even broach the subject before marriage, which is understandable.

Without a prenuptial agreement in place, the first thing you will need to do is gather your financial information. This includes bank account statements, income tax filings from the past few years, and any investments. If your former spouse is going to be seeking some of these assets or spousal support, this will be key information in the case.

Locating Hidden Assets in the Course of Illinois Divorce

Posted on April 14, 2016 in Divorce

hidden assets, Wheaton divorce lawyers In many cases, when divorces turn nasty, it is because of disputes over property. Each spouse believes they are absolutely entitled to an asset that was given to the couple or that they purchased together, such as a car or a couch. Hiding a new car is not very easy, of course, but, spouses may think they can hide other, less tangible assets from their former spouses to avoid splitting it during the divorce. Fortunately, there are several procedures available to locate these assets and ensure you get your equitable share of the marital property.

How Assets Are Hidden During a Divorce

Section 503 of the Illinois Marriage and Dissolution of Marriage Act provides that all property acquired by either spouse may be divided into three categories during divorce: marital property, non-marital property, and commingled property.

Non-marital property is anything a spouse obtains on their own, such as an inheritance or gift from a relative. A former spouse has no right to this property. Marital property includes assets that the couple obtained together, such as a home or bank accounts. Commingled property is the murkiest part of the law and leads to the most disputes in divorce cases. Commingled property is created when one spouse takes non-marital property, such as an inheritance, and contributes it towards marital property, such as a house, or when non-marital bank accounts are combined.

Same-Sex Divorce Issues in Illinois

Posted on April 12, 2016 in Divorce

same-sex, Wheaton divorce lawyers Same-sex marriage has been legal in the state of Illinois since 2014, but last year in the landmark case Obergefell v. Hodges, the U.S. Supreme Court held that bans against same-sex marriage were unconstitutional in any state. This opened the door for all same-sex unions in the United States to enjoy the same legal recognition as straight couples, considerations that also extend to divorce law. While the basics of seeking a dissolution of marriage in Illinois are now the same for any couple, regardless of the genders of the spouses, there are still some issues surrounding same-sex divorce that have not been completely addressed by the courts yet.

The Divorce Process in Illinois

Any couple seeking a divorce in the state of Illinois must meet the following procedural requirements:

At any time, either spouse may file a Petition for Dissolution of Marriage, which then must be served on the other spouse. The spouse that receives the Petition has the opportunity to file a response to the allegations contained within;

Seeking an Order of Protection in Illinois

Posted on April 07, 2016 in Domestic Violence

domestic violence, order of protection, Illinois While divorces are often contentious, and parties say harmful things they later regret, usually these cases are not violent in nature. But unfortunately, on occasion, one party is so hurt by the divorce that they feel the need to threaten the other spouse. In some cases, violence and threats are the reasons for the divorce. The laws of Illinois do not require you to put up with this harassment, however. If you feel that your former spouse intends to do you harm, you can seek an order of protection from the court that bars him or her from contacting you.

The First Step: Emergency Orders of Protection

Because any threat of violence is a serious matter, Illinois law allows for someone in fear of their safety to obtain an emergency order of protection from a court without the other side being able to contest it. This emergency order can bar the other party from having any direct or indirect contact with you or your children, but it only lasts for 14 or 21 days before it expires. There are, however, more long-lasting protection orders available.

You Can (Possibly) Get Child Support from an Ex Who Flees the Country

Posted on April 05, 2016 in Child Support

child support, Wheaton family lawyers Far too often, parents who owe child support will do anything they can to avoid making payments for their children’s necessities. Frequently, this means multiple trips to court and tense hearings before a judge. In some cases, judges will hold parents who refuse to make child support payments in contempt of court and order them to spend time in jail. In the most extreme cases, parents will flee the country because they think it is might be a way to avoid meeting their child support obligations. Fleeing the country does not release you of a court order to pay child support, but it does make the process of collecting payments more difficult.

How to Get Child Support from an Ex Who Moves to Another Country

Obviously, there first needs to be a valid child support order from an Illinois judge before you can make any claim that you are entitled to child support. If the child was born during the marriage, child support is usually set forth as part of the divorce agreement. If the child was not born during a marriage, a hearing may be necessary to establish paternity. If a parent leaves the country before a hearing can be held, he or she may be ordered to pay child support by default.

Can You Get Pet Visitation Following a Divorce in Illinois?

Posted on March 31, 2016 in Asset Division

pet, dog, DuPage County divorce lawyers Under Illinois law, pets are technically considered property, but any dog or cat owner knows that pets are really more like family members. Because of the fondness that many people have for their animals, it is unsurprising that pet custody becomes a contentious issue in many divorce cases, but it was actually just recently that Illinois courts determined whether divorced spouses have rights to pet visitation the same as they do with children.

Divorce Court Goes to the Dogs

In Re Marriage of Enders was one of the final cases to come out of the First District of the Illinois Court of Appeals in 2015. In the case, the wife filed the initial petition for divorce following 10 years of marriage, during which the couple acquired two dogs. While separated, the wife kept the dogs at her home because the husband was not allowed to keep pets at his apartment. He believed, however, that they would have joint custody of the canines and claimed that his landlord would allow the dogs to visit for short periods of time. After alleging that his ex-wife was denying him any contact with the dogs, he filed a petition for temporary weekend visitation, which was granted by the trial court. The wife appealed.

Dealing With Depositions in Illinois Divorces

Posted on March 29, 2016 in Divorce

deposition, Wheaton divorce lawyers In the weeks following the initial divorce filing, the parties will exchange information about their assets and income to determine how marital property is to be distributed and whether either side is entitled to spousal maintenance. If the couple had children, a temporary custody agreement might also be entered into at this point. Often, many disputes about property and child custody can be settled by negotiation, but if a case becomes especially contested, either party may decide that they need to take depositions to pursue their case.

What Is a Deposition?

A deposition is testimony taken under oath, and your appearance is required if you receive notice that you are to be deposed. A court reporter creates a transcript of the deposition, but depositions are usually taken at an attorney’s office with no judge is present. Attorneys for both sides may ask questions during the deposition about the disputed issues relating to the divorce, or object to irrelevant questions. The general purpose of depositions in a divorce proceeding to uncover information of which the party taking the deposition was previously unaware. Anything said at the deposition may later be admitted into evidence before the court.

A Deeper Look at How New Illinois Laws Affect Paying for College

Posted on March 24, 2016 in Child Support

college, new law, Wheaton family law attorney A college education is virtually a requirement for a successful career in the twenty-first century, and a divorce does not excuse parents from making every effort to ensure their children receive quality higher education. Illinois law has long provided courts with the authority to require both parents to contribute to the post-secondary educational expenses of their children, and amendments to Section 513 of the newly overhauled Illinois Marriage and Dissolution of Marriage Act outline even more clearly how divorced parents may be ordered to do so.

How and When Divorced Parents Pay for College The first thing the new law on college expenses clarifies is how long parents may be required to contribute to college expenses, previously a point of contention in many cases. The IMDMA now requires parents, when subject to such an order, to contribute to educational expenses until their child’s twenty-third birthday unless “good cause” can be shown otherwise. The law does not define exactly what “good cause” means in this context, but also goes on to clarify that there is absolutely no obligation to provide for educational expenses under any circumstances once the child turns 25.

Other new parts of the law also allow for the early termination of the parent’s responsibility to contribute toward college expenses. As one might expect, there is no requirement to keep paying for college expenses once the child has completed a bachelor’s degree, but the law now also terminates the obligation of the parents if the child marries while still in school. In addition, Section 513(g) also requires students to maintain a “C” average for their parents to contribute toward their schooling expenses, though this requirement may be waived in cases of serious illness or other showing of good cause.

Tax Implications for Spousal Support in Illinois

Posted on March 22, 2016 in Child Support

taxes, spousal support, Wheaton family lawyers April 15 is just around the corner, and that means that it is almost time for everyone’s least favorite day of the year: tax day. While many people think that filing taxes is just a matter of reporting the income they earned from their job last year, income taxes can actually become quite a bit more complicated than that, especially if you have been ordered to pay, or are receiving spousal support.

Spousal Maintenance is Considered Income by the IRS

The IRS always considers spousal maintenance received to be income that must be reported when filing taxes. Any person receiving spousal maintenance must also provide their Social Security number to their former spouse as those who pay spousal support may count their payments as a deduction. The IRS uses Social Security numbers to determine who is eligible for the deduction and who must report spousal maintenance as income. Failing to include this information on a tax return may result in a $50 fine.

Receiving a Portion of a Former Spouse’s Pension Through a QILDRO

Posted on March 17, 2016 in Divorce

QILDRO, Wheaton Family Law Attorneys Pensions are big money in the state of Illinois. Virtually every public sector employee contributes to one of the state’s 17 pension funds, and almost all police and fire departments have locally administered pension funds. Illinois courts have long held that, in most cases, a pension is marital property that can be distributed to a former spouse in a divorce. However, merely stating that a former spouse is entitled to half of a pension is legally insufficient. The parties must enter a Qualified Illinois Domestic Relations Order (QILDRO) with the court.

What is a QILDRO?

A QILDRO can be incorporated into a marital settlement agreement, or may exist as a separate document. The QILDRO must contain the caption of the divorce case and the name of the pension systems to which the public sector employee belongs. QILDROs can contain either exact dollar amounts or percentages. If the parties opt to include percentages, a separate QILDRO calculation order must be submitted to the court that determines what share of the pension the former spouse will receive.