Posted on February 03, 2017 in Property Division

During a divorce, it is not uncommon for spouses to make all sorts of accusations against one another. Some, as you might expect, are fairly reasonable while others may border on the completely outrageous. One of the most common allegations that tend to arise in a divorce case is that of dissipation. Dissipation refers to the wasteful spending, intentional destruction, or negligent devaluation of marital property and is a very serious charge.

Why Does Dissipation Matter?

In the course of a marriage, spouses have the freedom to do whatever they want their property. The can spend frivolously, save carefully, or find a balance somewhere in between. Divorce law in Illinois provides, however, that once the marriage has begun to irretrievably break down, how each spouse spends money becomes a matter of interest to the other spouse. This is because Illinois law requires that the marital property of a couple shall be divided equitably between the parties during the divorce. If one spouse wastes assets before the divorce can be finalized, he or she denies the other spouse the opportunity to receive a share of those assets.

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 Posted on January 24, 2017 in Divorce

In a recent post on this blog, we talked a little bit about how social media can be dangerous when you are going through a divorce. If we are being fair, however, the dangers of social media are only half the story. It is also very possible for social media posts—such as those on Facebook, Twitter, or Instagram-to be used to your advantage during your divorce proceedings. As you approach your divorce, there are some things to consider that could help you—especially if your spouse has a tendency to overshare on social media.

The Internet Is Forever

For generations, divorce cases have relied on a great deal of “he said, she said” testimony and evidence. A battered spouse, for example, who never sought medical care or help from law enforcement could only present her interpretation of the situation verbally. With the rise in popularity of social media sites, evidence from such sites is finding its way into the courtroom. In fact, a recent survey of divorce lawyers reports that more than 80 percent of them have seen social media evidence increase in their divorce cases.

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 Posted on January 21, 2017 in Divorce

In the course of a normal day, how often do you open a social media app on your smartphone to see what is happening with your friends and acquaintances? If you are like most people, there is a good chance that you log on to Facebook, Instagram, Twitter, or Pinterest at least once a day. Among younger demographics, the likelihood is even greater. While social media sites can be fun, informative, and entertaining, they can also pose challenges to those who are going through the process of divorce. Sometimes, social media posts can even find their way into the courtroom as evidence.

The Myth of Online Privacy

Most social media sites and apps have privacy settings that allow you to control who sees what you post. It is easy to believe that by applying the right settings you are completely protected. Unfortunately, things are not quite so simple. You could, for example, set your account so that only your “friends” are able to see your posts, and, since your soon-to-be-ex-spouse is not one of your friends, you should be fine. But, what about those who are friends with both you and your estranged partner? What are the chances that they will see your posts and share them with your soon-to-be ex? No matter how strong someone’s good intentions may be, some people attracted to what they see as drama, and few things are more dramatic than a juicy divorce situation.

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 Posted on January 16, 2017 in Spousal Support

In a recent post on this blog, we discussed the criteria used by Illinois courts to determine whether spousal maintenance was appropriate following a divorce. The law requires a court to look at various factors relevant to the marriage and each spouse’s financial situation to ensure that a need for spousal support actually exists. If maintenance is found to be appropriate, the court must then calculate how much is to be paid and for how long. Illinois law also provides guidance regarding these considerations as well.

Maintenance Amounts

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides a specific formula to be used in situations where the couple’s combined income is less than $250,000 per year and the paying party has no other obligations for maintenance or child support from a previous relationship. In such a case, the amount of support to be paid is found by taking 30 percent of the paying spouse’s gross income and subtracting 20 percent of the receiving spouse’s net income. The difference will be the amount expected to be paid unless that amount plus the recipient’s income equals more than 40 percent of the couple’s combined income.

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 Posted on January 14, 2017 in Divorce

Deciding to end your marriage is difficult, but the process of divorce can be especially challenging if you are not prepared. Your divorce is likely to include a number of fairly complicated elements, but with a little advance planning, you can be ready for the potentially long road ahead. If you are considering a divorce, you should:

Decide How You Want to Handle Your Divorce

Your attitude toward your divorce can make a dramatic impact on the proceedings and the eventual outcome. Before you file any formal paperwork, you should set goals about the process. You can decide that you will do everything possible to keep your divorce amicable and friendly, or you can decide that getting exactly what you want is more important than preserving a future relationship with your ex. Keep in mind that a bitter, contentious divorce could end up taking much longer, costing more money, and may not be best if you have children.

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 Posted on January 12, 2017 in Spousal Support

If nostalgic television programs are to be believed, the “model” American family looked very different several decades ago as compared to today. In many cases, one spouse—usually the husband—was the sole wage-earner while the other spouse—usually the wife—stayed home to manage the household and the children. While this scenario was not the reality in every family, it was common enough that if a marriage ended in divorce, most people presumed that the husband would be required to pay alimony to his wife so that she could continue meeting her day-to-day needs as well as those of the children.

Over the last few decades, there has been a dramatic shift in the family unit. Today, very few families can afford to survive on a single income, and the roles of each spouse may be defined to meet the particular family’s needs rather that adhering to strict social expectations. Such changes have also been reflected in Illinois laws regarding divorce, with a focus on making the process as equitable as possible. For this reason, alimony—also known as maintenance—is not guaranteed in a divorce proceeding, and will not be awarded unless the court determines that an actual need exists.

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 Posted on January 05, 2017 in Divorce

A couple years ago, an unexpected social media phenomenon was born when a divorcing couple in Florida posted a photo of themselves at the courthouse receiving their completed divorce paperwork. Instantly labeled a “divorce selfie,” the photo sparked a wave of similar posts from couples around the world—a trend that has continued to some extent even today. To many, such photos are making light of a very serious situation, but to the couples who post them, they are a reminder of their commitment to cooperation and a healthy future relationship.

Divorce Is Not a Game

When spouses are pitted against one another in a divorce, there can be no winners. One spouse may temporarily feel victorious when the court decides a certain way on a particular issue, but the ultimate result is often two lives—or more if children are involved—that have been permanently scarred. A cooperative divorce, by comparison, allows both spouses to remain in full control of the process, generally leading to settlement terms that actually benefit each party.

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 Posted on December 23, 2016 in Domestic Violence

There are many reasons why a dissolution of marriage becomes necessary. Spouses grow apart, partners fall out of love, and individuals change their life goals. Occasionally, divorce becomes necessary for safety reasons if one spouse is abusive. Although Illinois is a no-fault state and anyone can divorce, it is important to understand how domestic abuse in a marriage can affect the outcome of the divorce proceedings.

Married Without Children

Any type of abuse that occurs between romantic partners or spouses is considered domestic violence or abuse. The law defines domestic abuse as:

• Physically harming or attempting to hurt someone, either intentionally or recklessly;
• Sexual assault;
• Creation of the reasonable fear of imminent harm;
• Behavior such as harassing, stalking, threatening, or unwanted touching;
• Disturbing the peace at home; and

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 Posted on December 17, 2016 in Divorce

In a number jurisdictions throughout the United States, a couple may be considered married without ever having the official “walk down the aisle.” Couples who wish to marry but do not want the pomp and circumstance of a large wedding and reception often file the documentation and are legally married. In a few states, there is another option known as common law marriage and skips both the paperwork and the ceremony. When such a marriage is recognized by the appropriate jurisdiction, the law regarding common law marriage offers the same rights of marriage to two individuals that have been together for a set number of years and are presenting themselves as married. Ending a recognized common law marriage is equivalent to a divorce, so it is important to know how Illinois law treats common law marriage.

Is Common Law Marriage Universally Recognized?

The answer is no. Most states—including Illinois—do not recognize common law marriage. The practice was outlawed in Illinois effective June 30, 1905. A few states that do recognize such marriages include:

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 Posted on December 14, 2016 in Divorce

If you have reached the point in your marriage where divorce is becoming more and more of a possibility, it is time to start gathering information about the process. Ending a marriage is going to be challenging, even in the most amicable of situations. You may be able to alleviate some of the difficult by becoming familiar with a few basic concepts that pertain to divorce in Illinois.

Grounds for Divorce

For many generations, a married person could seek a divorce on the basis—or grounds—that his or her spouse engaged in certain behaviors, including adultery, repeated mental and physical cruelty, patterns of substance abuse, and abandonment. Beginning in 2016, however, this is no longer the case in Illinois. Today, a divorce will only be granted on the grounds the irreconcilable differences have led to the irretrievable breakdown of the marriage.

What Are Irreconcilable Differences?

Under Illinois law, “irreconcilable differences” are applied very broadly to a wide range of relationship situations. Irreconcilable differences may develop out of the behaviors that once constituted grounds for divorce or due to countless other factors. Religious disagreements, for example, or opposing philosophies regarding money or parenting could be considered irreconcilable differences if they push the marriage to its breaking point and beyond.

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