Posted on September 12, 2023 in Divorce

Social media networks have become an important part of life. People use them to connect with friends, share personal milestones, network professionally, date, collaborate, and countless other reasons. But whatever you post online is out there for all the world to see. Your social media posts could impact your divorce. A DuPage County, IL attorney can explain how, and whether there is anything you should be doing differently.

How Can Social Media Usage Affect Divorce?

In a divorce proceeding, lawyers may try to get the settlement their clients want by trying to show the other spouse as unfit to care for their children or wealthy enough not to need alimony. Before social media was a popular tool, it was much harder to get evidence of such claims. Now that it is common to post pictures and comments on several social media platforms, people have access to so much personal information about others. 

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 Posted on August 28, 2023 in Divorce

Unfortunately, it is not uncommon for some spouses to attempt to conceal or undervalue assets and income when divorcing in Illinois in hopes of avoiding their fair share of property division and support obligations. However, Illinois divorce law provides legal mechanisms to uncover hidden marital property and income sources.

Require Complete Financial Disclosure Upfront

Illinois requires full written disclosure of all assets, debts, incoming revenue streams, and expenses by both spouses at the outset of divorce proceedings. Non-disclosure can result in severe penalties down the road, including overturning of the final property settlement. Insist on transparency from the very beginning.

Subpoena Bank Records and Financial Statements

If you have credible suspicion of undisclosed accounts, assets, or transactions, your divorce attorney can petition the court to subpoena bank statements, credit card records, loan documents, and other financial statements to ferret out hidden information that your spouse may have "forgotten" to mention. Thorough subpoena powers allow financial secrets to come to light.

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 Posted on August 21, 2023 in Divorce

Divorce and child custody disputes involving high asset parties present unique challenges not found in typical cases. Important insights can help individuals navigate these complicated situations. This article provides key information for those involved in high asset divorce and child custody cases.

Gather Extensive Financial Documentation

Thorough financial records are imperative in high asset divorce cases. Tax returns, bank statements, business financials, property appraisals, and any documentation related to substantial assets should be collected as early as possible. Complete and organized financial information allows for proper analysis and strategy when developing settlement proposals and arguments for equitable distribution. Be sure to gather documentation on all assets, debts, expenses, and any other financial records that may be relevant.

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 Posted on August 11, 2023 in Divorce

Marriage is meant to be a relationship of honesty. When you suspect that your spouse has been hiding something, whether it is an investment account or an affair, it can be upsetting. It is fairly common in high-net-worth divorce for one spouse to be concealing assets from the other. In divorce, this is often because the spouse hiding assets is hoping to avoid providing their spouse with their share of the asset. There is also significant misunderstanding regarding what each spouse may and may not do with marital finances. Just because you were married does not mean that your spouse has the right to do anything they please with your joint finances. If you suspect that your spouse is concealing assets that you should rightfully receive a share of in divorce, it is important to mention your concerns to your divorce attorney. In many cases, you may be entitled to a share of the assets your spouse is trying to hide. 

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 Posted on August 03, 2023 in Divorce

Dividing a family business during divorce can be complicated. There are often many moving parts required to keep a business running smoothly even as its owners divorce. Your business may own a significant amount of capital or real estate. It may hold valuable contracts with employees - or employees may own shares of the company. All this can make equitably dividing a business among other marital assets challenging. As you begin to consider how your marital assets are to be divided, determining who will keep the business or other property in exchange for the business, it is important to know what your business is actually worth. Often, this is not the only consideration. The business may have been one spouse’s primary trade during the marriage, while the other does not have the experience needed to run it alone. However, in Illinois, both spouses are likely to have been deemed to have contributed to the success of the company even if one spouse was more hands-on. It is important to be represented by an experienced lawyer if your divorce will include a family business. 

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 Posted on July 31, 2023 in Divorce

Divorce is an emotionally, financially, and legally challenging process that can impact every aspect of your life. Navigating this complex terrain requires a holistic approach in order to pursue and achieve a successful outcome. While most individuals are aware of the importance of a competent divorce attorney, many overlook the unique benefits of also working with a divorce coach. Today, we will explore how the collaborative efforts of a divorce coach and an attorney can lead to a higher chance of favorable results in your divorce case.

Understanding the Role of a Divorce Coach

A divorce coach is a professional who combines emotional and practical support to help individuals effectively navigate the divorce process. While they are not always legal professionals, their skill lies in providing guidance, strategies, and resources to manage the emotional and relational aspects of divorce.

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 Posted on July 20, 2023 in Divorce

Substance abuse is an enormous social problem almost everywhere in the country. The large proportion of Americans who struggle with substance abuse means that illicit drugs are widely available and easily accessible. Many people are able to recover from addiction and go on to have normal, productive lives. However, if your spouse is addicted to drugs and has not put forth the effort to get clean, you may find that your marriage has become more of a burden than a boon. You are not obligated to stay and continue trying to take care of a person who will not do the work needed to take care of themselves. Divorce may be the best option for protecting yourself and any children involved. Unfortunately, getting a divorce from a substance abuser can be difficult. It is important to have skilled legal representation as you begin the often-difficult task of divorcing your addicted spouse. 

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 Posted on July 13, 2023 in Family Law

Many engaged couples feel that prenuptial agreements are unromantic. It can certainly feel less-than-hopeful when you and the person you are about to marry must discuss who keeps what in the event that you divorce later. During your engagement, you were likely focused on the details of your wedding and your dream of living happily ever after with your soon-to-be spouse. Once you are married, you may begin to think about whether you should have made a prenuptial agreement. Many married people believe that they have missed their chance to reach an agreement governing important issues. Fortunately, it is not too late to create what is called a postnuptial agreement. Both you and your spouse should be represented by an attorney when you begin the process of creating a postnuptial agreement. 

Why Should My Spouse and I Make a Postnuptial Agreement? 

A postnuptial agreement is not a harbinger of divorce. Rather, it may be a good sign for your marriage if you and your spouse are able to communicate and compromise effectively enough to reach an agreement you are both willing to sign. There are many practical reasons why even the happiest of couples should have an agreement in place. Postnuptial agreements cover much more than the possibility of divorce. You can use your postnuptial agreement to require each other to maintain an estate plan naming each other as the primary beneficiary so that you are protected if only death can part you.

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 Posted on July 06, 2023 in Family Law

While most legal sources will strongly recommend using a prenuptial (or postnuptial) agreement in nearly all cases, there are quite a few negative things said about them. When you are engaged or newly married, you are likely to hear a lot of unsolicited advice pertaining to prenuptial agreements. Some of your friends may believe that these agreements are unromantic, while others may tell you that they are absolutely necessary in order to protect your personal assets in the event of a future divorce. It can be difficult to tell what is true about prenuptial agreements and what is misinformation. Before you begin working out an agreement with your soon-to-be spouse, it is best to speak with an attorney. An attorney can answer any questions you have about how prenuptial agreements work and what they should include. 

Common Misinformation About Prenuptial Agreements

If you are trying to decide whether to use a prenuptial agreement, it is helpful to know what is true and what is false about these legal contracts. Common myths include: 

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 Posted on June 29, 2023 in Divorce

In every court case, the parties have the right to discovery, where they can gather evidence that is in the possession of the other party. In addition to document requests, they can also personally question the other party and witnesses in a deposition. This proceeding can be crucial to your case, and it is essential that you are prepared. Your Wheaton divorce attorney would be in the deposition to defend you.

A Deposition Means Answering a Lot of Questions

Opposing counsel have a legal right to ask you questions, and they will pose quite a few of them during the course of the deposition. This proceeding will involve a series of questions, where the other attorney is attempting to gather information. The attorney may show you evidence and ask you questions about it, or they may ask a long series of questions. So long as these questions follow the proper rules (i.e, they are relevant, non-argumentative, non-repetitive, etc), you will need to answer them.

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