Facebook Twitter Our Blog
Search
Anderson and Associates, P.C.

Free Initial Consultation

630-653-9400

Subscribe to this list via RSS Blog posts tagged in Wheaton divorce attorneys

Wheaton divorce attorneysThere is no doubt the price of a college education has skyrocketed in the past decade. Tuition at public and private universities can be a huge expense for a family. When parents decide to divorce, their financial situation changes. The thought of paying hundreds of thousands of dollars for even one child’s post-high school education can be daunting. This is especially true for a spouse who was a stay-at-home parent and did not work outside the home during the marriage.

Most states allow parents who are divorcing to work out an agreement for college costs and payment details. According to Illinois divorce law, in some cases, the cost for child-related expenses such as college can be determined by a judge if a couple cannot come to an arrangement. Illinois is one of the few states where payment for college or vocational expenses can be ordered without an agreement between the parents.     

Who Can Be Ordered to Pay?

In Illinois, child support usually ends when a son or daughter turns 18 or graduates from high school, whichever comes later. It generally stops at age 19 even if the child is still in high school. The support issues that were originally addressed under the child support law then fall under the “college expenses” portion of the law. The college cost law applies to “non-minor children” or those who are over 18 years old. 

...

Wheaton divorce lawyersIn divorce law, the term “dissipation” is used to describe property which is wasted during the end of a marriage. With help from a qualified family law attorney, you may be able to be compensated for assets which your spouse dissipated before your marital property was formally divided during divorce. However, not all wasteful spending is considered dissipation. Only situations which meet certain criteria are considered dissipation, and it is important to understand what these criteria are. 

What Types of Spending Are Considered Dissipative?

Many individuals who are in the process of getting divorced have questions about their soon-to-be-ex-spouse’s financial responsibility. However, dissipation refers to a specific situation in which a spouse wastes, misuses, or destroys marital property. The Illinois Supreme Court has specified that dissipation is the “use of marital property for the sole benefit of one of the spouses for a purpose unrelated to the marriage.”

Dissipated assets include any money or property that was used for the benefit of one of the spouses but did not benefit the other spouse or the marriage in any way. Examples of dissipation may include:

...

Posted on in Divorce

DuPage County divorce attorneysThe realization that your marriage is coming to an end can oftentimes be very difficult to cope with. While this can be true for some cases, a divorce can occasionally result in the individuals coming out much happier based on the promise of a fresh start. When a couple can work together and make compromises on divisions of assets, debt, property and other marital concerns, stress and anxiety can be relieved. It is critical to remember that if children are involved, their needs are more important than anything else, which should be reflected in the agreed upon parenting plan. The divorce process can all depend on how everything is managed, and an amicable outcome can be achieved if the spouses involved can follow these tips:

Tip #1: Do Not Act Inappropriately

Understanding that a divorce affects other people can help with perspective. The actions and emotions you display can have a lasting outcome on friends, family members, children, and the opposing spouse. Saying something that you might regret later could result in your peaceful separation falling apart. 

Coinciding with this, social media may seem like a good platform to vent your frustrations and anger, however this is not recommended. Taking into account all of the relevant factors, an inappropriate post could have severe consequences. It is not uncommon for social media posts to be presented as evidence in divorce cases, often to the detriment of the spouse who posted them.

...

Wheaton divorce attorneysThe prevalence of social media cannot be denied in today’s society. Facebook, Snapchat, Twitter, Instagram, and LinkedIn are some of the most popular social media websites for people of all ages. While a lot of users like these sites as a way to communicate and share pictures with friends or family members, the use of social media can prove detrimental when going through a divorce. If one spouse is posting photos of extravagant spending, for example, this can be spun as evidence against the other spouse if the couple is disputing spousal support/maintenance, child support, or child custody issues. It is imperative to err on the side of caution when contemplating social media activity during a divorce. 

Online Evidence Can Be Used Against You

It is important to know that text messages and emails are admissible in court. If a spouse uses social media, text messages, or email to announce a new job or an upcoming bonus that has not been disclosed to the other spouse or in court, this can be used as evidence that the person is not being honest regarding his or her finances. This can affect settlements for division of property and assets. Illinois is an “equitable distribution” state so marital property will be split fairly, not necessarily equally. However, a judge will take several factors into consideration when determining how to divide everything. 

On Facebook, friends might post pictures and “tag” someone else in them, which includes his or her name. Therefore, people must be careful about their actions and behavior depending on their privacy settings for social media accounts. For example, if an individual takes an expensive vacation with friends and someone in the group posts pictures of it, that might lessen his or her chances of receiving spousal support or maintenance payments after the divorce.

...

Wheaton divorce attorneysMost people do not go into a marriage thinking it will end. However, according to the American Psychological Association (APA), approximately 40 to 50 percent of matrimonial unions do not last “until death do us part.” Once a couple decides to separate, the divorce process can be intimidating. Mediation and collaborative law are two forms of alternate dispute resolution for dealing with the divorce process. One option might be better depending on the circumstances of the divorce, but both can be beneficial and help achieve the best outcome for everyone involved. 

Benefits to Mediation 

Divorce mediation involves spouses meeting with a neutral third party called a mediator to help them resolve any issues within the divorce. The majority of mediations end in a settlement if all parties are agreeable to the terms. It is important to know the mediator does not make decisions for either spouse. The mediator serves as a facilitator to help the spouses work out the best solution on their own regarding property division, spousal support, or child-related issues.

Mediation can provide many benefits including: 

...

Wheaton divorce attorneysAfter a divorce, one spouse—usually the lower-earning spouse—may be entitled to financial support, which is commonly referred to as “alimony” or “spousal maintenance.” Illinois courts consider different factors to determine whether spousal support is warranted. If maintenance is found to be appropriate, the court typically uses a specific formula to determine the amount and the duration of the payments. In some cases, a spouse may refuse to pay or become delinquent on support payments, but there are laws governing this area of divorce.  

What If a Former Spouse Does Not Pay?  

When an ex-spouse does not make court-ordred maintenance payments, the former couple will likely have to go back to divorce or family court. The person not receiving payment must show the court evidence that his or her ex-spouse has not made any payments, has not made full payments, or has not made timely payments. Hard copy documentation of late or partial payments can be proof in explaining how this has caused financial difficulty. 

If the non-paying spouse continues to disregard the court’s order to pay, the judge may implement a charge of contempt of court against the former spouse, requiring him or her to go before another judge. A second judge may order the non-compliant spouse to pay the support to the ex-spouse in addition to court costs for the contempt case. If this second order is not obeyed, a person can face fines and jail time. 

...

Wheaton business lawyerA divorce is an emotional undertaking, but it can become even more complicated if it involves business ownership. One spouse could be the owner of a company, or both spouses could own a business together. The matter of business valuation comes into play when deciding how the marital assets will be divided.

A business valuation is a set of processes and procedures for determining the economic value of a person’s interest in a business. This type of valuation is helpful since divorcing couples may not agree on a company’s worth or how it should be divided. It is important to note if the business began prior to the marriage and its profits have been kept separate and from the marital assets, then the business is normally not considered marital property.

Why a Business Valuation Is Important

One of the most time-consuming and stressful parts of a divorce is the division of marital assets since it requires an accurate inventory of everything that is within the marital estate or property. Determining the value of specific assets, such as household items like furniture, cars, or savings accounts, may be easy if a couple kept receipts or bank statements. On the other hand, estimating the value of the marital home, investment properties, and businesses is typically much more complex and may require the help of professionals.

...
Chicago Bar Association DuPage Association of Woman Lawyers Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association
Address
400 S. County Farm Road, Suite 320
Wheaton, Illinois 60187
630-653-9400
Address
1515 E. Woodfield Road, Suite 640
Schaumburg, IL 60173
847-995-9999
Address
20 N. Clark Street, Suite 3300
Chicago, Illinois 60602
312-345-9999
Address
15255 West 94th Avenue, Suite 201
Orland Park, IL 60462
708-226-9904
Back to Top