Posted on May 27, 2022 in Property Division

At least one in ten American adults currently owns cryptocurrency and that number is only expected to rise. Making payments using cryptocurrency is easy, inexpensive, and difficult to track - making cryptocurrency an ideal payment method for a variety of reasons.

Because cryptocurrency ownership is on the rise and divorce rates are still hovering around 50 percent, an increasing number of Illinois divorces will handle cryptocurrency as part of the marital asset division process. Like any other marital property, cryptocurrency must be divided fairly; however, the volatility of the cryptocurrency market and the ease with which cryptocurrency can be hidden can introduce significant challenges to the division process.

How Do I Know My Spouse is Telling the Truth About Our Cryptocurrency’s Value?

Spouses commonly divide household chores and when one spouse handles all or most of a family’s financial affairs, the other spouse may not be aware of the full value of their marital property. Although each spouse must create a financial affidavit under oath that discloses their full financial picture, people are not always completely honest.

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 Posted on May 25, 2022 in Spousal Support

Most spouses pursuing a divorce in Illinois have questions about spousal maintenance (also known as alimony or spousal support). Will you pay it? Will you receive it? Who decides? Traditionally, men were the ones asking these questions - but as women increasingly outperform men in college and many income brackets, women are frequently wondering whether they may be paying alimony as well. Illinois law does not distinguish between men and women when it comes to determining alimony payments, but it does provide very specific ground rules to take the guesswork out of determining the duration and amount of the payments.

What is Alimony?

Divorce is expensive - that is no secret. When one spouse is the primary breadwinner for a family, divorce can have an outsized impact on the spouse who earns less, especially if that spouse gave up educational or career ambitions to stay home and raise children. Spousal maintenance is intended to recognize the non-financial contributions a spouse can make to a marriage and prevent that spouse from becoming impoverished immediately after divorce.

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 Posted on May 19, 2022 in Divorce

Hundreds of men and women all over Illinois get married every year and make lasting commitments to honor and help each other in all things until death - or at least, so they think at the time they get married. But as everyone knows, a lifetime of marriage is no guarantee when almost 50 percent of relationships end in divorce.

While most divorcing couples agree that separating is the right choice for their future, what about those couples in which one spouse wants a divorce and the other spouse does not? If your spouse has asked you for a divorce in Illinois and you are hoping to stay married, read this blog post and then contact an experienced Illinois divorce attorney for advice.

Can I Insist We Get Therapy Before Divorce?

Illinois wants to support and encourage healthy marriages and the law generally prefers married couples to stay that way. Although you cannot force an unwilling spouse to attend therapy, once divorce proceedings begin, you can request the judge to order a conciliation conference. If he or she believes there is still hope to save the marriage, the judge may also order a conciliation conference even if neither spouse requests it.

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 Posted on May 18, 2022 in Divorce

Mental illness and outlier psychological conditions have become better understood and less stigmatized in recent years, making it easier to get treatment and therapy. However, even under the best circumstances, certain psychological conditions can place an enormous amount of strain on a relationship. One of the most difficult conditions to manage is narcissism.

Narcissism is often easily disguised early in a relationship as the narcissist attempts to "love bomb" their partner - acting incredibly sweet, caring, and giving as the relationship begins to progress. However, once a narcissist feels comfortable or is triggered by a certain behavior or incident, their negative personality traits can manifest. Unfortunately, just as it is difficult to be in a productive relationship with a narcissist, it is also particularly difficult to divorce a narcissist.

How Do I Know Whether My Spouse is a Narcissist?

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 Posted on May 11, 2022 in Divorce

When you are at your wit’s end in your relationship, the temptation to leave can be overwhelming. Getting divorced might seem like a panacea that will solve all your problems - you no longer would have to live with the sloppy, selfish jerk who does not mind asking you to make dinner but otherwise scarcely notices you. But the negative consequences of an Illinois divorce can be real and lasting, and surprisingly, many couples who are unhappy at significant points in their marriage often end up being quite happy many years later. However, others remain stubbornly miserable. Therefore, deciding whether or not to get divorced is a major crossroads with the potential to significantly affect the outcome of your future. Knowing what research on the topic says may help you reach a decision.

Will I Be Happier if I Get Divorced?

It is easy to fantasize about how the future will be different when you feel like you cannot stand one more night listening to your partner’s snoring. However, nearly 70 percent of couples who were very unhappy when they had their first child reported being happy ten years later. Other studies suggest similar results; that about two-thirds of adults in unhappy marriages were happy five years later if they stayed together. Studies also suggest that, on average, people who get divorced are not happier than those who stay married.

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 Posted on April 29, 2022 in Property Division

Couples who get divorced in Illinois have sometimes been separated and have lived in different homes for a long time before finally filing for divorce. Once it becomes clear that the relationship has irreparably fallen apart, it becomes natural to want to move on and begin establishing a life separate from one’s spouse, including finding a new home to live in or purchase. But because marital property must be assessed and divided during divorce, purchasing a home or making any other major financial decisions can impact the marital asset division process. If you are getting divorced or know that eventually you will get divorced, seek advice from an Illinois divorce attorney before you buy a home.

If We Break Up, Is Any Money I Make My Personal Property?

While you may feel as though your relationship ended long before you even filed for divorce, under Illinois law, as long as you are married your income is considered marital property. This includes income from employment, rental properties, investments, and more. So, even if you and your spouse have lived in separate homes for years, as long as you were still married, your income is almost certainly still marital property.

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 Posted on April 27, 2022 in Divorce

The rising cost of home and rental prices has made it difficult or impossible for many couples whose relationship has broken down to separate and live in different residences. If neither you nor your spouse has the option of moving out, you are likely wondering if you can still get divorced in Illinois. If you have small children, you may also wonder if you can continue living in the same house as your spouse for the sake of your children while formally ending the relationship. Fortunately, the answer is yes - as long as certain requirements are met.

Is There a Mandatory Separation Period for Divorce in Illinois?

Until recent changes in Illinois divorce law, couples had to give a reason for divorce, such as abandonment or adultery. They had to wait for at least six months, even if they agreed to the divorce and did not allege either spouse as at fault.

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 Posted on April 22, 2022 in Property Division

Financial disagreements are one of the most common reasons people seek an Illinois divorce. While all couples must navigate their financial behavior patterns and some disagreement is likely, when one spouse’s behavior puts a family’s financial future at risk, divorce may be inevitable. However, this naturally raises a concern: If a spouse is spending an excessive amount of money and putting him or herself into debt, and if debt accumulated during a marriage is generally considered marital debt, who pays for this debt when a couple gets divorced? Answering this question may seem deeply unfair and unappealing, but dividing marital property and debt is an essential part of divorce that must be done before the final order can be handed down.

What is an "Equitable" Division of Debt?

Fortunately perhaps for the spouse who did not take on the debt, Illinois law requires marital assets and debt to be divided equitably. This means that debts will not be simply split in half, but rather that spouses will be assigned debt according to what would be the most fair. Spouses are encouraged to use mediation or other conflict-resolution services to reach an agreement about how to handle their marital debt. However, when this is unsuccessful, a judge may need to allocate the debt. Judges can use many factors when deciding how to split debt, including:

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 Posted on April 20, 2022 in Child Support

Raising children can be one of the most rewarding, joyful things a person ever does. However, any honest parent will also tell you that raising children can be a never-ending, thankless task. Children are always hungry, they break things they know they are not allowed to touch, and they have a knack for putting holes in new shoes and clothing - in other words, kids are expensive. If you are divorced or are co-parenting with someone you were never married to, child support payments are often a crucial source of income for your children’s ongoing needs. An ex’s failure to pay child support may not only be frustrating, but terrifying - if you cannot make rent, what will you do? Desperation can lead many parents to wonder if they can withhold parenting time from a parent who refuses to pay child support.

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 Posted on April 11, 2022 in Child Support

Popular wisdom holds that once a child turns 18, a divorced parent no longer has to pay child support. Although in many cases this is true, in Illinois children of divorced parents may lay claim to child support that continues for several years after a child reaches legal adulthood.

Divorced parents can be required by Illinois family courts to contribute to their child’s college expenses. Illinois is something of an outlier in this regard, but the courts have consistently upheld this responsibility, even when parents have challenged it. Considering that the cost of college can be significantly more than a down payment on a home, the prospect of paying for a child’s college involuntarily can be concerning. If you are divorced or plan on getting divorced in Illinois, it is essential to understand your future financial obligations for non-minor child support.

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