Posted on December 31, 2024 in Divorce

Divorce across the United States peaked in 1981, dropping by almost 8 percent forty years later, in 2021. In addition to being an often difficult, usually emotional process, divorce is made up of numbers. There are the actual divorce statistics – like those above - to consider. Then, once you get to the divorce itself, there is a wide array of numbers involving finances, asset division, spousal support, and child support, to name a few.

While no one wants to think their marriage has come down to numbers, the dissolution of a marriage is very much like the dissolution of a business partnership – and the numbers matter in both cases.  The more you know about these numbers, the more you will understand the divorce process and the more likely you are to have the most positive outcome possible.

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 Posted on December 24, 2024 in Divorce

"Prove-up" is the term used in Illinois family courts for the final court date of a divorce. This is the date set by the judge to finalize the divorce after an agreement has been reached between the spouses. Both spouses will appear before the judge, where they will be asked a series of questions to ensure that they are in agreement and that all matters have been settled. If you have questions regarding the day of the prove-up hearing, speaking to your Batavia, IL, family law attorney can be helpful.

Do I Have to Attend the Prove-Up Hearing?

While both spouses may attend the prove-up hearing, the Petitioner (the spouse who originally filed for divorce) is usually the only one required to attend. The Respondent can choose to appear and testify, but he or she is not usually required to do so. The prove-up hearing can proceed without the Respondent when he or she has entered an Appearance and signed the agreements.

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 Posted on December 19, 2024 in Divorce

Marriage to a narcissist can be fraught with difficulties. Divorcing a narcissist can be just as difficult. Covert narcissism is a term used to describe a subtype of narcissistic personality disorder. A covert narcissist has an even greater need for admiration, attention, and validation than your "average" narcissist. The covert narcissist is also extremely unwilling for others to see them for who they really are – including a spouse.

A typical narcissist is a blatant attention seeker with an inflated ego. The covert narcissist is much more subtle. While appearing to display humility, the covert narcissist is always seeking to maintain a position of control over others. Both overt and covert narcissists share a lack of empathy for others and a sense of entitlement, although the covert narcissist is better at hiding those qualities.

Covert narcissism can have a profound impact on a relationship for many reasons, but perhaps primarily because of the total lack of empathy. In a romantic relationship like a marriage, a covert narcissist is likely to alternate between showering his or her partner with attention and deliberately withholding attention and love. The covert narcissist is likely to be extremely controlling and jealous and often isolates his or her partner from friends and family members.

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 Posted on December 11, 2024 in Divorce

All marriages go through rough patches, but in some cases, a "rough patch" may last for months or even years. When it feels like there are more bad days than good, one or both spouses may begin to consider splitting up. The question at this point is whether it is time for a separation – perhaps a trial separation – a divorce or an annulment.

It is important that you have a full understanding of the differences between these choices and know how each would apply to your specific situation. If you are considering uncoupling, it is time to speak to an experienced Aurora, IL divorce attorney from The Law Office of Matthew M. Williams, P.C..  

When is Annulment Possible in Illinois?

While a divorce ends a legal marriage, an annulment declares the marriage was never valid at all. Annulments in Illinois are granted for very specific purposes only, including:

•  One spouse was not mentally capable of consenting to the marriage because of mental illness, intoxication, or another issue that shows a lack of capacity.

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 Posted on December 03, 2024 in Divorce

Since most divorces are complex in one way or another, the last thing you may want to think about is taxes. Unfortunately, like other subjects you would prefer not to think about, settlement negotiations must factor in the tax implications and how your divorce could alter your tax situation.

As if tax issues were not enough, divorced individuals tend to have a higher rate of tax audits. This is because forensic accountants often expose hidden assets and undisclosed income during a divorce. Following a divorce, the IRS has three years to audit your marital finances, although this time period can be extended to six years if there are discrepancies over 25 percent or fraud seems likely.  

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 Posted on December 01, 2024 in Finances & Divorce

The marriage only lasted five years, but the divorce has just surpassed the 10 year mark. The case has already produced almost 600 motions and rulings – and there’s no end in sight.

This long divorce and child custody case is playing out in a Connecticut family court between David Zilkha, a former investment advisor, and his ex-wife, Karen Kaiser. It began on August, 13, 2003, when Kaiser filed the action against Zilkha, saying the marriage had "broken down irretrievably." The divorce was granted in May 2005, but the battle has continued to wage between the two over child custody issues involving the couple’s 12-year-old twin son and daughter and legal fees.

Zilkha is a British citizen and now lives in London. He hasn’t seen his children in four years, and accuses Kaiser of repeatedly lying to the court about him and alienating the children from him. A court ordered mental evaluation allegedly determined that the father has such a severe narcissistic personality disorder that he shouldn't be allowed to see the children. Kaiser says he can see the children under supervised visitation but he refuses. He claims that it would cost him $5,000 per visit.

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 Posted on December 01, 2024 in Child Support

Even after a divorce is final, custody agreements are settled and support payments ordered, the adults and children who lived through the experience can still live through periods of uncertainty. This is especially true if a custodial parent stops receiving the child support payments they count on for monthly expenses related to raising their children.

Illinois Laws Push for Payment

For years custodial parents felt they had no recourse if their ex-spouse suddenly stopped or refused paying agreed upon monthly child support payments. To help custodial parents pursue that money, and encourage continued payment, the state of Illinois enacted a series of enforcement programs. These laws apply to both deadbeat dads and moms:

• Income Withholding: All Illinois employers are required to file a report of all new hires with the state. Reports are shared with the Department of Healthcare and Family Services, and Orders to Withhold Income for Child Support are submitted to the employer if it is found that a  new employee is delinquent in their child support payments.

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 Posted on November 26, 2024 in Divorce

It can be difficult to determine whether problems in the marriage caused one spouse to turn to drugs or alcohol or whether a drug and alcohol addiction led to the end of the marriage. While some divorce issues are very straightforward, substance abuse is one that can be a fairly gray area. After all, an overwhelming majority (62 percent) of American adults drink alcohol, while 38 percent abstain entirely.

So, if most adults drink alcohol, the question becomes, "How much is too much?" Marijuana is now legal recreationally in 24 states, including Illinois; as a legal drug, how is the amount smoked even quantified? Prescription drugs can be bad when they are not taken as prescribed, and, of course, there are illegal drugs like cocaine, heroin, methamphetamine, and more. Is your spouse truly an addict? Is that your assessment, or would that be the general consensus?

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 Posted on November 22, 2024 in Child Custody

Illinois has changed the term "custody" to refer to the allocation of parental responsibilities. Visitation is now parenting time, and the parent with primary custody is now the primary residential parent. While the terms have changed, the goal remains the same—to ensure that everything concerning a divorcing couple’s children revolves around the best interests of the child.   

What each parent wants will have little impact on a judge. He or she is concerned with allocating parental responsibilities to ensure the child’s interests are best served. While this all sounds civil enough, the portion of divorce that deals with children is often the most contentious, drawn-out battle of the entire divorce.  Because of the emotions involved in divorce, parents can lose sight of what is best for their children.

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 Posted on November 21, 2024 in Child Custody

During the allocation of parental responsibilities, either the parents or the judge will likely determine that the parents will jointly make major decisions for their children. This is separate from the determination of parenting time and parental responsibilities. "Major decisions" usually include those regarding education, religion, and healthcare. Education and religious decisions tended to be more contentious in the past, but today, healthcare may take the top spot for disagreements between co-parents.

Illinois law tries to prevent these disagreements by requiring parents to make a detailed, legally binding parenting plan. Unfortunately, not every disagreement between co-parents will have the solution spelled out in the parenting plan. New issues will almost certainly crop up as the children get older. If you are in a disagreement with your ex regarding a healthcare decision for your child, speaking to a knowledgeable Oswego, IL parental responsibilities attorney from The Law Office of Matthew M. Williams, P.C. can be beneficial.  

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