Posted on October 17,2024 in Family Law

When a marriage reaches a point where a couple can no longer live together, they may consider two options: legal separation or divorce. While both processes involve living apart, they have important legal differences that can impact finances, responsibilities, and personal status. Understanding the distinctions between the two is essential in order to make an informed decision. If you have questions about legal separation and divorce, an Illinois divorce attorney can help you understand the differences and determine which option works best for your situation.

What Is Legal Separation?

Legal separation allows couples to live apart while remaining legally married. Couples may choose this option due to religious beliefs or personal reasons or to maintain certain marital benefits, such as health insurance and tax advantages. The critical difference is that legal separation does not end the marriage.

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 Posted on October 10,2024 in Asset Division

Dividing assets during a divorce is a complicated process, especially when spouses share ownership of a business. The business is often more than just an asset; it is a product of both partners' time, energy, and ambition. As a result, questions about what will happen to the business can bring both practical and emotional challenges. If you need guidance on properly handling your shared business ownership, an Illinois divorce attorney can help you understand your options.

What Are the Options for Dividing a Shared Business?

When both spouses have a stake in a business, there are a few choices to consider during the divorce process:

• Buyout: One spouse may buy the other's share of the business, allowing the buyer to retain full control.

• Co-Ownership: After their divorce, the couple can decide to continue co-owning the business. This arrangement requires a solid partnership agreement and the ability to effectively work together.

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 Posted on October 07,2024 in Divorce

When finalizing a divorce and child custody arrangements, parents often have questions about how child support affects their taxes. They may wonder whether child support payments are tax-deductible or how child-related tax benefits are divided between parents. These tax benefits can be a significant source of confusion during divorce proceedings, especially because of their impact on each parent’s financial situation. If you are navigating divorce and taxes, a skilled Illinois family law attorney can assist you in managing these financial considerations.

Are Child Support Payments Tax-Deductible in Illinois?

Child support payments are not tax-deductible for the paying parent, nor are they considered taxable income for the receiving parent. According to the IRS, these payments are intended solely for the child’s needs and do not serve as income for the receiving parent. As a result, the paying parent cannot deduct child support payments from their taxable income, and the receiving parent does not have to report them on their federal or state tax return. This rule ensures that child support remains focused on the child’s financial support without impacting the tax liability of either parent.

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 Posted on September 30,2024 in Child Custody

Awareness of mental health issues has been slowly increasing in America over the past few years. While some parents involved in a tense divorce might throw terms around like "he’s crazy" or "she’s insane," data shows that the number of people receiving mental health treatment has been steadily on the rise in recent years. 

This also means there is an increased understanding of what it means to live with mental illness, making those insults much less effective. Yet it can still be extremely distressing if you are accused of being mentally unfit to raise your children. If your ex is doing this to try to reduce your parenting time, speak with an experienced DuPage County, IL family law attorney who can explain your options and guide you forward.

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 Posted on September 20,2024 in Divorce

While the concept of divorce is familiar to most people, there is a lack of knowledge about the various options available. Many people, especially those who have never been through a divorce themselves, have seen a high-conflict divorce play out in a movie or TV show. In these stereotypical scenes, the spouses do everything in their power to punish and hurt each other. They try to keep as much property, assets, and parenting time for themselves in an attempt to leave the other with nothing or as little as possible.

You might be surprised to learn that many couples manage to end their marriage without this dynamic playing any part. While there are several options for lower-conflict divorce, including collaborative divorce and mediation, this article will explore an interesting alternative known as uncontested divorce. Speak with a knowledgeable DuPage County, IL divorce lawyer to learn more.

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 Posted on September 17,2024 in Child Custody

In this day and age, content creation is so common that it is almost strange not to have your own channels. Some influencers - children and adults alike - have as large a following as famous singers and movie stars. When popular influencers’ posts are combined with affiliate marketing, sponsored content, and subscriptions, serious money can be made.

For some children, a fun casual interest in creating online content can turn into a profitable career very quickly. However, parents of minor children who appear in paid online content need to know the laws regulating their work. A new law recently enacted in Illinois requires you to compensate your children when they appear in money-earning posts. To learn more about how this could impact you, speak with a knowledgeable DuPage County, IL family law attorney.

What Are Parents of Child Influencers Obligated to Do?

Amendments to Illinois’s Child Labor Law now require parents to pay their children if certain conditions are met, including:

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 Posted on September 12,2024 in Family Law

Although "prenuptial agreement" is a well-known phrase that many people have heard, there is a great deal of confusion about what it means. Often, it comes up in TV shows portraying a couple about to get married when suddenly the wealthy fiance's family issues an ultimatum, telling the other fiance to sign the prenup "or else." 

Thankfully, the truth can be far less dramatic. Prenuptial agreements are practical documents that act like a contract, where both fiances are given a clear understanding of how financial matters will be handled in their marriage and in the hypothetical event of a future divorce. If you are wondering whether a prenuptial agreement is a good idea for you, contact a knowledgeable Wheaton, IL family law attorney to learn more.

The Benefits of a Prenup

One main reason people sign a prenup is the peace of mind it provides by dispelling the misconception that they will end up with nothing in a divorce. Married couples often merge their finances to some degree. 

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 Posted on August 28,2024 in Divorce

Most couples going through a divorce are aware of the need for them to figure out how they will divide their marital assets. Illinois follows an equitable distribution model for dividing assets, which focuses on an arrangement that might not be equal but is fair based on several factors that are taken into consideration. It is, therefore, important for both spouses to agree about the value of each item considered a marital asset. However, some assets are unusual and can be difficult to value. Art, collectibles, and family-run businesses are just some examples of assets that can be difficult to divide in a divorce. If your marital assets include hard-to-value items, speak with an experienced DuPage County, IL divorce lawyer who can help you gain clarity and understanding.

How Are Unusual Items Valued for a Divorce Settlement?

Before a couple reaches a divorce settlement, they need to examine the total value of their marital estate. Figuring out the value of some assets, like a bank account, for example, is fairly clear-cut. However, valuing assets like heirlooms, art, jewelry, antique collections, cryptocurrency, and businesses can be much more difficult. In addition to the actual value of an item, factors like market trends and demand could impact what something is worth. If a couple has these types of items, they need an expert appraiser to help them understand how much their assets are worth, typically by determining how much the item could be sold for.

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 Posted on August 20,2024 in Divorce

Many people getting a divorce have never been through one before. Naturally, all the emotional, legal, logistical, and financial steps can be overwhelming. Finding an experienced and reliable lawyer is an excellent first step, but some people need the support of a specialized mental health professional to get through the process. If you believe you could benefit from that type of assistance, contact a DuPage County, IL lawyer about hiring a divorce coach.

What Does a Divorce Coach Do?

A divorce coach is a mental health professional specially trained to guide people through their divorce. Having unique experience with divorce-related issues such as child development, co-parenting plans, and custody battles, divorce coaches can help you navigate all the demands and decisions you need to make when it feels like you are in crisis mode. When you feel like you are being pulled in so many directions and you do not have the emotional bandwidth to think clearly, a divorce coach’s unique skills might be exactly what you need. By asking questions, making suggestions, and offering advice, a divorce coach can help you understand and articulate your feelings, desires, and red lines and help you create coping strategies that you might use for yourself or your children.

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 Posted on August 14,2024 in Family Law

When people hear that someone is signing a postnuptial agreement, they might mistakenly think it means that they are headed toward divorce. Depending on the couple, the opposite might be true. You may be surprised to learn some of the reasons why a postnuptial agreement can be a positive step for couples. If you and your spouse are considering signing a postnuptial agreement, speak with an experienced DuPage County, IL family law attorney to learn more.

Benefits of a Postnuptial Agreement

Postnuptial agreements sometimes get a bad rap. People wrongly assume it means the couple is laying the groundwork for an eventual divorce. The truth is, having one can be a refreshing way to move forward as a couple, and some people feel like a huge weight has been lifted off their shoulders after signing one. Some reasons why include:

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