The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

Yorkville Office By Appointment

Initial Consultations via ZOOM Available

aurora divorce lawyer Dissipation of assets involves a spouse intentionally wasting marital assets or damaging marital property after the marriage is irretrievably broken. This vindictive transgression is common among contested divorces and comes in many forms. If a spouse is proven to have dissipated marital assets during divorce proceedings, they may be ordered to reimburse the marital estate. A divorce attorney with expertise in asset dissipation and equitable property division can help substantiate a spouse’s flagrant waste of marital assets and strategize an appropriate divorce settlement.

Dissipation of Assets According to Illinois Law

To allege that your spouse engaged in asset dissipation, you must submit a written notice filed 30 days after discovery or within 60 days of the divorce proceedings. The written notice must detail the assets dissipated and the marriage breakdown date. Once the dissipation is established, the court will order the offending party to compensate their ex-spouse with either money or marital property to offset the assets squandered. The court will examine the following two inquiries.

  1. Acquiescence – Did the petitioning spouse know of and agree to the dissipation?

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aurora child custody lawyerChild custody battles can sometimes be traumatic, stressful, and agonizing; however, when one parent suffers from addiction problems, the custody battle can be even more contentious and chaotic. Addiction comes in many forms, and a parent's addiction can have lasting and damaging mental and emotional effects on a child's well-being through adulthood. For instance, a child of an abusive alcoholic father could grow up with post-traumatic stress disorder (PTSD) or develop co-dependency. The consequences of the dysfunction caused by an addicted parent are severe, as many children can feel shame, embarrassment, abandonment, and anger.

Addiction can devastate a family's welfare, finances, and mental health and can lead to domestic violence and child abuse. According to the National Center on Substance Abuse and Child Welfare, roughly one in eight children reside with at least one parent with a substance abuse addiction. If an addictive parent cannot provide their child with basic needs, safety, and protection, that parent might be forced to forfeit their parenting rights. The best interest of the child is at the forefront of every case in Illinois court. So, the provisions of an offending parent's parenting plan may be restricted if needed. A trustworthy child custody attorney can help you navigate this difficult situation. 

Common Addictions that Incite Divorce and Custody Disputes  

Divorce is sometimes imminent when an addictive spouse is unable to curtail their habits and actions or if they refuse to seek rehabilitation. If addiction continues after a divorce, a parenting plan is subject to being restricted.  The many types of physical and behavioral addiction that can afflict a divorcing parent could include but are not limited to the following. 

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aurora child custody lawyerSocial media is a valuable tool that enables people to market their businesses, promote their support groups, advocate for causes, and provide a sense of connection among family and friends who may live long distances. It also provides loved ones with accessibility to the social media user’s lifestyle, opinions, and emotions. During the COVID-19 quarantine, many depended on social media as an outlet to maintain relationships and human interaction. According to one source, as of 2021, 82 percent of the US population has a social media profile, which accounts for 223 million Americans. But with all the benefits, social media has a sordid underbelly.   

Aside from cybercrimes like doxing, hacking, and identity theft, online predators peruse the Internet to commit child sex exploitation. Posting a personal photograph of your young child in the bathtub or in a bathing suit might be an endearing snapshot to share with the child’s grandparents, but such publicly viewed photos could entice online predators like pedophiles and cyber kidnappers. It is common for many to post pictures of their children on social media. However, some parents oppose this oversharing.    

Legal action may be warranted if an ex-spouse refuses to comply with a concerned parent’s privacy wishes. A child custody attorney with knowledge about the pitfalls of social media can assist with enforcing or modifying the parenting plan.

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kane county child custody lawyerAcrimonious divorce and custody battles can be traumatic for the child in the short term and, if unresolved, in the long term. If a parent starts to date shortly after the divorce, this can wreak havoc on the child’s psyche as they try to adjust to their new circumstances. The child’s confusion and animosity regarding the divorce will likely intensify if a parent dates a person from an adulterous affair that was the catalyst for the divorce. Introducing a child to a new partner may instigate the child’s feelings of abandonment and heighten friction between the other parent. 

If not stipulated in the divorce decree or parenting plan, a parent has the legal right to introduce their child to a new partner. However, this does not necessarily render the disputing parent without legal recourse. A divorce attorney can help negotiate an agreeable solution and implement a post-decree modification.

Potential Issues That May Necessitate a Modification  

Modifications to a parenting plan depend on the child's best interests.  A disputing parent can only prevent an ex-spouse from introducing a child to a new partner if they can prove the new partner is a threat to the child’s welfare.  If the child has already spent time with the parent’s new partner, the court could take action if jeopardizing occurrences are proven, such as, but not limited to, the following.

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kane county collaborative law divorce lawyerCollaborative law is a type of Alternative Dispute Resolution (ADR) in which both parties and their lawyers agree to settle disputes outside the courtroom. With collaborative law, divorce proceedings can be amicable. Eliminating litigation can also result in a more economical and expeditious divorce that mitigates acrimony. The collaborative law model encourages parties in family legal proceedings to responsibly and respectfully resolve their disputes. The best interests of the child is always at the forefront of every collaborative law conflict. Negotiations and mutually created outcomes are prioritized. Skilled in this type of dispute resolution, a collaborative law lawyer can help facilitate a shared resolution and fair divorce agreement. 

Ten Elements of Collaborative Law 

Collaborative law divorce attorneys are trained to qualify for this dispute resolution discipline. Through the collaborative process, divorcing spouses may be able to negotiate an agreement regarding property division, child custody, and other divorce matters. Collaborative law includes the following elements: 

  1. Each party must consent to the collaborative divorce law process. 

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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