Posted on January 21, 2025 in Divorce

If you are contemplating divorce or are in the middle of one, you may be worried about your financial future, especially if you have been a stay-at-home parent for some or all of your marriage. While marital assets are just that—marital, subject to an equitable split—if you do not have the financial security from a regular income or recent work experience, divorce can leave you feeling very vulnerable.

If your children are still very young, the situation can feel even more precarious. The cost of childcare can be prohibitively expensive; for many, the paycheck they earn barely covers daycare and the most basic expenses. Now is the time for you to be proactive as you deal with this life transition. Speak to a highly skilled Batavia, IL family law attorney who can advocate for your financial future throughout the divorce.

Will You Receive a Fair Share of Marital Assets?

Illinois is an equitable distribution state. Unlike community property states that divide marital assets equally, equitable distribution states divide marital assets fairly. Even though your spouse may have been the only one bringing home a salary, this does not mean that the work you did as a stay-at-home parent has no worth. The parent who stays home with the children is usually a housekeeper and a cook while also caring for the children. Any one of these could potentially be considered a full-time job, albeit unpaid.

Continue Reading ››

 Posted on January 17, 2025 in Property Division

Dividing up the marital assets is often one of the more contentious aspects of an Illinois divorce. First, marital assets must be clearly separated from one spouse’s separate assets, and then a fair division of the marital assets must be undertaken. Unfortunately, it is sometimes difficult to determine which assets are separate and which are marital.

Nine states in the U.S. are considered community property states, which means marital assets are divided exactly equally regardless of any other considerations. Illinois is an equitable distribution state, which divides marital assets fairly rather than 50/50. Separate assets are generally considered those that one spouse had prior to the marriage or gifts or inheritances received after the marriage.

There are, however, many exceptions to these "rules," which can make determining which assets are separate much more complex. If you received a personal injury award while married, is your spouse entitled to a portion of that award? The best way to get an answer to this question is to speak to a knowledgeable Geneva, IL family law attorney.

Continue Reading ››

 Posted on January 13, 2025 in Child Custody

Working out child custody agreements (the allocation of parental responsibilities) can be challenging, to say the least. Divorce is hard on all those involved, especially the children. While courts do their best to make decisions that reflect the best interests of the children involved, there may still be bumps along the way. Historically, one parent is designated as the primary caregiver while the other parent receives parenting time (visitation).

However, over the past decade, the trend has been toward a custody agreement known as co-parenting. Advocates of co-parenting say it provides more stability for the children as the parents have a more equal share in parenting. Opponents of the co-parenting model say it is unrealistic and difficult to accomplish. If you are currently facing child custody issues, speaking to an Oswego, IL, family law attorney can be beneficial.

Continue Reading ››

 Posted on January 07, 2025 in Divorce

Divorce and other family legal issues can be extremely stressful and are often highly emotional as well. Some people facing divorce or another family law matter may wonder whether they can handle the matter on their own without an attorney. In virtually every situation, the lack of a family law attorney can prevent your best interests from being represented in court and hinder your ability to make informed decisions.

A Money Magazine article reported that those who have an experienced divorce lawyer secured an average of 50 percent more in financial settlements than those who chose DIY. There are many factors associated with choosing the best divorce attorney for you. Choosing an Aurora, IL family law attorney does not have to be an agonizing process. Below are some tips to help you choose a lawyer who truly cares about the outcome of your divorce.

Continue Reading ››

 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.

Continue Reading ››

 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.

In some counties, like Cook, Kane, McHenry, Lake, and DuPage, courtrooms may allow a prove-up by affidavit. The affidavit will include the same information as the testimony in a prove-up hearing. If both spouses appear, the Petitioner will be questioned first, then the Respondent. The answers given by each spouse become a part of the official testimony and may be recorded by a court reporter, or a digital recorder could be used.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Before you panic, however, if the IRS is auditing you because of something your spouse did that you were unaware of, you can apply for "innocent spouse relief" by asking the IRS to assign the fault to the "right" spouse. When you have an experienced Yorkville, IL divorce attorney from The Law Office of Matthew M. Williams, P.C., you can be sure all potential tax implications are factored into your final divorce settlement.

Continue Reading ››

 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.

Continue Reading ››