Posted on February 24,2023 in Divorce

In Illinois, non-marital property refers to assets owned by one spouse individually. These assets are not subject to division during divorce proceedings. While marital property is divided equitably between both parties, the non-marital property remains with the spouse who owns it. However, it is essential to note that determining what constitutes non-marital property can be a complex process. 

Today, we are going to discuss what is most important to know regarding non-marital property in Illinois. If you are getting a divorce, contact an experienced divorce attorney who will work to ensure you understand your rights and that a positive outcome can be pursued.

Understanding Non-Marital Property 

Non-marital property refers to assets acquired before the marriage, gifts or inheritances given specifically to one spouse, or any property acquired after a legal separation. In Illinois, any property obtained before the marriage is considered non-marital property. For example, a vehicle that a spouse owned before getting married is his or her sole property. The same is true for other assets like real estate or business assets. Furthermore, debts acquired before a marriage are typically classified as non-marital debt. 

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 Posted on February 10,2023 in Property Division

The dissipation of assets is a term used to describe the improper use of marital assets by one spouse before a divorce. In divorce cases in Chicago and elsewhere, the dissipation of assets can significantly impact the distribution of property and assets between spouses. If one spouse is found to have dissipated assets, a court may consider this when determining the division of assets in a divorce case. For a court to make a finding of dissipation, it must be shown that the assets were used for a purpose unrelated to the marriage and that the use of assets reduced their value. This could include using marital funds for a mistress, buying expensive gifts for friends, or squandering money on gambling or drugs. 

Suppose you are getting divorced and believe your spouse is engaged in behavior that qualifies as dissipating assets, or you have uncovered information during divorce proceedings that give you a reason to believe your spouse has been involved in this behavior in the past. In that case, an experienced attorney can help you make sense of the situation and provide guidance moving forward through the divorce proceedings. 

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 Posted on January 20,2023 in Guardianship

When most people turn 18, the dawn of adulthood, it is generally assumed that individuals of this age accept the responsibilities and rights of legal adulthood. However, for adults with disabilities, turning 18 often presents new challenges, as they may be unable to control their own property, assets, and affairs. 

In other cases, an adult becomes disabled later in life due to Alzheimer’s disease or another serious medical condition. Adults with disabilities may be appointed a guardian to protect their best interests. 

The process of obtaining an adult guardianship can be complicated, as many difficult but necessary questions must be answered, like whether a guardian is even required, who is best suited to become a guardian, and what type of responsibility the guardian should have. This blog will delve deeper into adult guardianships in Illinois. 

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 Posted on January 09,2023 in Divorce

There is no question that divorce is rarely ever easy, regardless of how long you and your spouse have been married. However, if you and your spouse have been married for a long time, the drastic changes that come with divorce and the long list of things that must be sorted out will likely be more complex and burdensome than a married couple divorcing after just a year or two of marriage. Sometimes, a marriage may drag on for years or even decades because neither partner wants to deal with the divorce and all the issues that a divorce will entail. 

There tend to be additional divorce concerns for older adults who are leaving their marriages. In this blog, we will take a closer look at what some of those concerns may be. Notably, contacting a knowledgeable divorce attorney can make all the difference in the world if you are interested in pursuing a divorce. While nothing will make the process easy per-say, having a lawyer by your side to advocate for you and your best interests will likely make the process smoother overall. 

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 Posted on December 20,2022 in Family Law

Unlike a prenuptial agreement, a postnuptial agreement is a binding agreement spouses enter into after they are already married. Postnuptial agreements have the potential to resolve a great many issues in a divorce before they can become issues. Postnuptial agreements can address property concerns, spousal maintenance, and other matters. It is important retain legal counsel when considering a postnuptial agreement so you can be confident you are entering into a favorable agreement.

Postnuptial Agreements in Illinois

Postnuptial agreements are often used to differentiate marital property from non-marital property. In a divorce, marital property is divided between the spouses and non-marital property is assigned to the spouse who originally owned the property. Classifying property in preparation for division during divorce can be complicated and often leads to disagreements. A postnuptial agreement can be used to classify property before a marriage breaks down so there is no question as to whether an asset is marital or non-marital. 

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 Posted on December 06,2022 in Child Custody / Parental Responsibilities

A Guardian Ad Litem (GAL) is an attorney appointed by the court in a case involving children such as a divorce or child custody dispute. The GAL’s role is to investigate the circumstances of the dispute and determine what he or she believes to be the child’s best interests.. A judge’s decision to assign a GAL depends on numerous factors. Often, a GAL is appointed when the judge wants further information and professional insight in a case. Either party in a child custody case or divorce may request a GAL. 

A GAL is often assigned in contested cases involving allocation of parenting time and responsibility. The GAL conducts their own investigation into what is going on with a child, interviewing parents, children, and possibly third parties.

A GAL’s Role in a Child-Related Case 

It is important to note that while GAL stands for Guardian Ad Litem, the GAL will not be a guardian. Guardians have legal authority over minors or wards, but GALs do not. 

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 Posted on November 22,2022 in Property Division

It is far from uncommon for either spouse in a divorce to try and hide certain assets while both parties are still in the middle of determining their property’s value. Illinois is an equitable distribution state, meaning that assets in a divorce are split equitably, which might not necessarily mean equally.

The size of assets being hidden can vary, but it can be a good idea to take a closer look if you believe your spouse could be hiding assets. A further of an examination of certain factors can occasionally lead to a surprising finding.

Ways Spouses Hide Assets

Every divorce is different, but some of the more common ways in which spouses may try to hide assets can include:

• Hiding Cash — The simplest way is probably the most common, with many spouses simply stashing away large sums of money, and the technique is usually most evident in cases involving frequent large withdrawals.

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 Posted on November 15,2022 in Family Law

When a married couple knows their relationship is on its way out, divorce often seems like the only logical option. Legal separation is another type of separation you can file in court to recognize that you will now be living apart, but it does not have quite the same final effect as a divorce.

Legal separation can be particularly helpful for married couples who have important health insurance benefits dependent upon the couple remaining married. It can also benefit people who may belong to a religion forbidding divorce or who are just not sure whether divorce is quite right yet.

Divorce Issues During Legal Separation

A person begins a legal separation by submitting a petition establishing that they are living separate and apart from their spouse and supplying information similar to a dissolution of marriage petition. The person will be required to file for legal separation in the county where either their spouse resides, they both resided as husband and wife, or if a spouse cannot be located in Illinois, the county in which the person petitioning for legal separation resides.

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 Posted on October 26,2022 in Property Division

Retirement funds and pensions can be some of the most valuable assets owned by a married couple, and ownership of these assets will need to be addressed during a divorce. In Illinois, these assets are subject to equitable distribution. This means that they will be divided fairly, but not necessarily exactly equally, between the divorcing spouses. When making decisions about these assets and taking steps to transfer or allocate funds between spouses, it is important to follow the correct procedures. A qualified family law attorney can provide invaluable guidance and ensure that a person's rights and financial interests will be protected during the divorce process.

Evaluating and Dividing Retirement Accounts

In Illinois, all property and assets acquired during a marriage are considered “marital property” and are subject to equitable distribution in a divorce. This includes retirement accounts such as 401(k)s and IRAs.

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 Posted on October 12,2022 in Child Custody / Parental Responsibilities

If you and your spouse have decided to divorce, you will be tasked with creating a child custody agreement that will work for both of you as well as for your child. You will want to make sure that you have a solid parenting plan in place so that there are stability and routine for your child during this time of transition. One issue that you may have to consider is whether the right of first refusal should be included in your child custody agreement.

The right of first refusal is the right of one parent to be given the opportunity to care for their child before anyone else. This means that if the other parent is unable to care for the child for any reason, the parent with the right of first refusal would be contacted first to see if they are available to fill in. This may mean that grandparents or other family members would only handle care for children if the other parent is unavailable.

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