Tag Archive for: divorce law

Post-Divorce Modifications in Illinois

Divorce can be an emotionally charged process, but even after it is finalized, there may be situations that arise that require a modification.

If you are a resident of Illinois, you may have questions about the post-divorce modification process. Whether you are currently in the middle of a divorce, or have already finalized your divorce, this blog will provide you with valuable information and insights.

Marriage Doesn’t Always Run Smoothly

The United States has the sixth highest divorce rate in the world, with 40% to 50% of married couples filing for a divorce. Usually, second or third marriages in the United States have a higher divorce rate: 60% of second marriages and about 73% of third marriages end in divorce.

While Illinois has one of the lowest divorce rates in the nation, it still has an average of 6.2 divorces per thousand marriages.

U.S. states with the lowest divorce rate

With these large numbers of divorces occurring each year, there will be some cases where post-divorce disputes arise.

What is a post-divorce Dispute?

Also known as a post-decree dispute, post-divorce disputes often arise when one party does not fulfill obligations indicated in the divorce settlement. Often, one ex-spouse determines that the other has violated a court order relating to the divorce, for example, when one ex-spouse fails to pay court-ordered alimony.

Some of the most common issues involve:

  • the payment of college expenses,
  • recalculations of child support and emancipation of children,
  • as well as modifications of maintenance.

Illinois has specific legal standards that relate to each of these issues, and we can help inform you of the law that relates to your post-judgment issue.

Many individuals are eager to close this chapter of their lives and move on. However, there may be situations in the future where the court-ordered arrangements may need to be adjusted. This blog is an essential resource for anyone going through post-divorce modification in Illinois. Below, we will cover common questions about post-modification.

POST-DIVORCE MODIFICATIONS IN ILLINOIS

In order to change your divorce decree, parenting plan, or other court orders from your divorce, you must file a Petition for Modification. To initiate the process, you must file a petition with the circuit court in the county where the original order was entered. Your ex-spouse must be served the Petition, and they can then choose to file a Response. 

The court will then schedule a hearing where both parties can present evidence and argue their case. The judge will then consider the evidence and decide if modifications are necessary. If modifications are approved, a new court order outlining the changes will be issued. Both parties must agree on its terms moving forward.

How Do I Know If I Qualify for Post-Divorce Modification?

Typically, modifications to divorce orders will only be approved if substantial changes in circumstances have happened since the original decree was entered. This change could be changes in any of the following:

  • Income and financial resources.
  • Living arrangements.
  • Changes to health and well-being.
  • Changes in need of you or your children. 

The changes must be significant enough to require alterations to the previous orders. Sometimes, modifications are sought due to unforeseen events or issues that were not considered during the divorce, such as uncovered debts or the reappearance of a pre-existing health issue.

What is considered a Major Change in Circumstances?

To modify child custody or other orders established during a divorce, it’s necessary to demonstrate substantial changes that have impacted you and your family. These changes could include changes in financial resources, such as job loss or a health condition that affects one’s ability to work. 

Other events that have affected family members, like remarriage, health problems affecting a parent’s child care capabilities, plans to move, or criminal charges leading to jail time or restrictions, may also play a role in these cases.

How Long Do I Have to Wait to Modify Child Custody After My Divorce?

In Illinois, changes to the allocation of parental responsibilities cannot be made within 2 years of a child custody order being put in place, unless a child’s safety is at risk. A parent must provide evidence that the current custody arrangement poses a risk to the child’s physical, psychological, or emotional well-being.

In contrast, modifications to parenting time can be requested without a waiting period. These requests may be made if there has been a considerable change that impacts the child’s best interests or for minor adjustments. This must be agreed upon by both parents and it needs to reflect the current arrangement. Additionally, modifications can be made if the court was unaware of these circumstances that would have affected the original child custody decision.

Can Changes be Made on Property Division?

Typically, court orders for the division of marital property are final and cannot be altered after the divorce is completed. However, in certain situations, a couple may need to go back to court to handle issues that came up or were discovered post-divorce. 

For instance, if you find out that your spouse had undisclosed assets or didn’t provide required financial information during the divorce, you can file a petition to revisit the case. This would ensure an equitable distribution of all marital assets. There are many factors at hand when you try to split up assets. Here are just a few that are considered:

  • Economic circumstances of each spouse
  • Child upbringing costs
  • Existing court maintenance orders
  • Financial contributions from previous marriages
  • Prenuptial or postnuptial agreements
  • The status of each spouse (i.e. age, health, occupation, employability)
  • Consequences of tax reallocation from a property division

Next Steps To Consider

If you are going through the post-divorce modification process in Illinois, it’s important to protect you and your family. Consider the following steps:

  • Review your divorce agreement to see what can and cannot be modified.
  • Determine if a substantial change in circumstances has occurred.
  • Consider consulting an attorney to help you navigate the process and provide you with guidance on your legal rights and options.
  • Gather relevant documentation such as financial records, medical records, or other evidence that may support your request for modification.
  • File the petition with the circuit court in the county where the original order was made.
  • Attend the court hearing and provide evidence to support your request for modification.
  • Be prepared for possible outcomes, such as modification granted, denied, or delayed.

It is important to keep in mind that the legal process of modifying a divorce decree can be complex and time-consuming, and seeking the help of a skilled family law attorney can be helpful in ensuring that your rights and interests are protected.

Last Thoughts

Navigating divorce can prove challenging for all involved parties. If you are considering filing for a post-divorce modification, it’s important to speak with an experienced Illinois divorce attorney. At Masters Law Group, our seasoned attorneys can review your case and provide guidance on how to move forward with applicable modifications.

Masters Law Group ALWAYS advocates on your behalf to make sure your rights are protected and family needs are legally met. Contact us today to schedule a consultation.

Social Media and Divorce – 5 Things You Should Know

We get it. Anger, resentment and what seems a waste of your time can lead to social media rants. But even private DMs can land you in hot water. 

When you’re going through a divorce, it can be tempting to use social media as an outlet to redefine who you are without your spouse in the picture. But while social media can be a valuable tool during this difficult time, it can also cause major problems if you’re not careful.

Recent studies show that social media is one of the leading causes of marriage breakdowns. It’s been shown that social media causes many marriages to break down because it causes trust issues between spouses and can be used against you during a divorce.

Here are five things you should know when using social media during a divorce.

Social Media Posts Can Be Used Against You

Divorce is a stressful and emotional time. Many people turn to social media to vent their frustrations, but this can have serious consequences. Posts on social media during a divorce can become evidence against you in your case.

There are two big rules to follow when it comes to social media. Don’t post about a new relationship on social media during a divorce. Posting about a new relationship can negatively affect your case because it could be deemed as adultery—a fault ground for divorce in many states. It’s always in best practice to wait until the divorce is final to begin new relationships. 

Secondly, don’t post your location. Many social media platforms track your location when you post. To avoid this, you can easily evoke location-tracking permissions from these sites. This will stop these sites from recording your location when you make a post.

Check Your Privacy Settings

You should make all of your social media accounts private during a divorce. This is to prevent unwanted attention from other people. Locking accounts prevents people who don’t follow your account from viewing your posts. Changing your passwords for all of your accounts is also a good idea. 

Have you ever shared a computer with your spouse? If so, you should change your password for all accounts, including email addresses that both of you use. It’s a good practice to use new passwords for every site you visit so that other people won’t be able to access them if they get their hands on them.

Be Mindful of Deleting Posts

It’s a common instinct to want to clean up your social media accounts when you’re going through a divorce. It’s common to not want painful reminders of happier days, or you don’t want your spouse to find any private messages or DMs between you and someone else.

But deleting posts from your Facebook or Twitter may not be as effective as you might think.

If your spouse requests the entire social media history from you during the discovery process, you must provide it. Deleting posts doesn’t necessarily delete them from Facebook or Twitter’s servers—they can still be retrieved by experts, who will charge fees for their time and efforts.

Deleting evidence may affect your reputation with your judge. Deleting or destroying evidence can be used against you in court.

Go Through Your Friends List

You and your spouse probably had mutual friends, and if you accepted friend requests from them, those friends may be reporting back to your spouse.

Spend some time going through your lists of friends and followers to unfriend or block accounts of people you believe might be sending information back to your spouse. Divorce litigation isn’t a time to worry about what your spouses’ friends will think of you—it’s about self-preservation and putting yourself first!

Just be sure not to direct them to interact with your spouse or harass them in any way—that will end poorly for everybody.

Think Before You Post

If you’re going through a divorce, it’s important to think twice before you post anything on social media. It’s especially important to be careful not to post anything that would look like bad-mouthing the other parent. Your spouse can then take that post and use it in court against you. 

Judges might not like it when parties call their decisions unfair – even if you think they are. If you choose to trash a judge in your case on social media, you may find yourself in contempt of court. If you can’t use social media to highlight the positives in your life, like being a good parent, maybe take a break from posting. Creating new posts won’t be subject to misinterpretation and can really help your case in the long run.

Final Thoughts

At Masters Law Group, our skilled attorneys understand that divorce is a stressful situation. Many of our clients are ready to move on with their lives, and as such, we move through mediation and litigation with our clients’ well being in mind. Are you facing a family law issue? Contact us today to schedule a consultation.

I Need a Divorce. Help!

If your marriage is in question, you may be the one who is deciding “Should I stay or should I go”? While the process can seem overwhelming, there are things you can do to get through this difficult adjustment. If you’ve decided divorce or separation is the only way forward, here’s what you should know.

If you have decided to get divorced, you may have concerns about the cost, time commitment, and stress associated with the process. Which is why Masters Law Group works tirelessly in order to make the divorce process easier on you, for you and your children.

If possible, an amicable relationship with your ex can lead to a more straightforward divorce, because it won’t (usually) involve going to trial. An amicable or somewhat amicable divorce will often result in a quick(er) divorce.

As an ordeal that can be draining mentally and financially, it’s important to be prepared. Whether you are in search of Divorce Mediation, a Contested Divorce, Uncontested Divorce or Legal Separation, here’s what you need to know.

Is a Quick Divorce Possible?

Divorce is a stressful experience, and it’s important to get through it as quickly as possible in order to mitigate stress on everyone involved. Especially the children. The divorce process does not have to take years or even months. If you’re able to come to an agreement with your spouse about custody, visitation, spousal support, and division of property, your divorce can proceed through divorce court rather quickly.

The easiest type of divorce, which takes the least amount of time, is called an uncontested divorce. In Illinois, this is also referred to as “dissolution of marriage”. This relatively fast divorce happens because all of the major issues have been agreed upon by you and your spouse. Both parties agree on all the key terms of the divorce, including: Dividing marital property, Child custody and Parenting Time schedule.

Do Uncontested Divorces Take Less Time Than Contested Divorces?

A contested divorce is one where the parties cannot agree on some or all issues. It may involve a trial, and it may involve lengthy settlement meetings. It may also involve digging into your spouse’s finances, which takes a lot of time and energy.

There are many reasons why divorce can be contested. Typically, one party feels that they have not been treated fairly in some way during the divorce process and wants to fight for what they feel is their right. If you are going through a contested divorce, it is important to know what your options are so that you can make an informed decision about how to proceed with your case.

An uncontested divorce, however, takes a lot less time because you agree with your spouse on various issues. Here are a few examples:

  • Custody
  • Visitation
  • Child support
  • Spousal support
  • Division of assets
  • Life and health insurance policies

In the long run, an uncontested divorce will save you time and money in legal fees, will reduce stress, and will get you through the court system much faster than a contested divorce.

Divorce Mediation

Anger. Resentment. Bitterness. These are some of the feelings that many people associate with family law issues. It is often true that litigation – the traditional mode of dispute resolution – breeds these kinds of feelings. Fortunately, there are other ways to deal with family disputes that lead to much happier, healthier results: Mediation.

Mediation is considered an alternative dispute resolution process where an impartial or neutral mediator helps guide you and your spouse in settlement efforts – hopefully helping you reach a final agreement.  Unlike judges, a mediator has no authority to make decisions for you or your spouse. Their job is to keep you and your spouse’s focus on your needs and interests instead of fault and rights.

When a couple begins divorce mediation, they either choose the mediator in advance or one may be appointed by the court, with the court deciding how to split the costs.  Both spouses provide documentation to support their viewpoint regarding disputed issues, while the mediator works with both sides to find a resolution. The goal of the mediator is to reach an agreement between the two parties, therefore it is critically important to work with your divorce mediator attorney to ensure that the proposed solution is truly fair and equitable to you.

Legal Separation

Your first thought may immediately go to divorce, and that is understandable due to it being the most common approach to seemingly irreconcilable differences. However, you have another option that is less permanent that is worth considering. There is a large difference between deciding to be physically separated from your spouse and legally separated from them.

A divorce means your marriage is 100% legally over, the court can assist in determining the allocation of parental responsibilities, parenting time, and child support. The court can also determine spousal support and divide property. Couples that have decided they can’t reconcile may be ready for an immediate divorce. However, even if you believe you will ultimately file for a divorce, a legal separation is worth to consider.

A legal separation is a less permanent option, meaning you’re living apart but still legally married. If you don’t think you can live with your spouse, you can file for legal separation. Obtaining a legal separation does not prevent you or your spouse from obtaining a divorce later. Legal separation is less emotionally taxing than divorce because the permanence of a divorce isn’t there which still allows for the legal relationship to exist between the married couple. The court can order a separation between you and your spouse, and it would include similar aspects to a divorce such as allocation of child support and custody arrangements.

Getting Started

Part of divorcing is figuring out who gets what. A good place to start is to make a list and keep proper documentation of personal items that belong only to you, such as jewelry, family heirlooms, or photos and papers that have special meaning to you. If necessary, give these items to a trusted family member or friend for safekeeping.

It’s essential to have your financial paperwork organized and in one place, such as a file or binder. Start by collecting and making copies of your legal documents, including:

  • Marriage documents: Agreements and marriage license
  • Tax returns: Federal and state tax returns for the past five years
  • Real estate: Deeds, appraisals, cost basis of home, mortgages, rental property records
  • Business documents: Receipts, tax returns, payroll information, and any registrations, patents, or trademarks
  • End-of-life plans: Will, power of attorney, advance healthcare directive

If you have trouble finding any documents (or your spouse is making it difficult), your attorney can help.

Do You Need an Attorney for Divorce?

Hiring an experienced legal advocate that is well-versed in family law will be the best option for you moving forward. They can help explain this process to you and is the greatest way to ensure the best possible outcome that is custom and unique to your family’s situation.

Illinois Legal Aid Online provides a  guided interview that will ask you a series of questions related to this topic and then the program will complete the forms for you. It is free to use.

To see the overall process of getting a divorce in Illinois when you have children, please  click here.

Masters Law Group understands that divorce is a stressful situation and that our clients want to move on with their lives. As such, we move through settlement negotiations, mediation or litigation with our clients’ assurance and well being in mind. Whether you are facing a contested divorce, uncontested divorce, or civil union divorce, our firm’s attorneys are ready to skillfully advocate for your position and provide your voice when you need it most. Contact us today to schedule a consultation.

Divorce and Taxes: Filing After a Separation

For those in the process of ending their marriage, there is more to consider than a simple separation of assets. Whether legally separating or divorcing, you could be facing big changes in your individual tax situations— here, Masters Law Group shares information that could help. 

While most Americans are taking a sigh of relief after tax season, if you are separating from your partner, your taxes could need more attention. Much more.

Assets, Taxes and Divorce, OH MY

In the midst of a divorce, tax implications may not be the most pressing issue on your mind. However, filing taxes after you divorce and how you draw up your divorce agreement can make a big difference when it comes to getting a tax return.

The IRS lists four basic filing statuses available for individuals who are divorced or separating:

  • Married filing jointly. On a joint return, married people report their combined income and deduct their combined allowable expenses. For many couples, filing jointly results in a lower tax than filing separately.
  • Married filing separately. If spouses file separate tax returns, they each report only their own income, deductions, and credits on their individual return. Each spouse is responsible only for the tax due on their own return. People should consider whether filing separately or jointly is better for them.
  • Head of household. Some separated people may be eligible to file as head of household if all of these apply:
    • Their spouse didn’t live in their home for the last six months of the year.
    • They paid more than half the cost of keeping up their home for the year.
    • Their home was the main home of their dependent child for more than half the year.
  • Single. Once the final decree of divorce or separate maintenance is issued, a taxpayer will file as single starting for the year it was issued, unless they are eligible to file as head of household or they remarry by the end of the year.

When couples get divorced, they must divide all property and debts. Couples can hire an attorney (separately or jointly) to help prepare for a financial future after divorce. Here are some important things to think about so you can stay on top of your taxes.

Determine Your Filing Status

If you complete your divorce on or before December 31, you cannot file a joint tax return. If the new year starts before your divorce becomes official, the IRS will still recognize you as married and therefore allow you to file a joint return for the previous year. You are also eligible to file a joint return, but if you do not want to, you can choose the married filing separately.

If you are still legally married when filing your tax return, filing jointly may be your best option because you can claim more of a standard deduction by combining incomes with your spouse. The standard deduction is the amount of income that you can use to lower your tax bill. The standard deduction for tax year 2022 is $25,900 for married couples filing jointly, $12,950 for single taxpayers and married individuals filing separately and $19,400 for heads of households.

 In order to file taxes as head of household after a divorce, you must meet all three of the following requirements:

  • The last day of the year is considered the date on which you became unmarried (so you were either single, divorced or legally separated).
  • You paid more than half of the costs associated with keeping up your home for the year.
  • You lived with a qualifying dependent or child for more than half the year.

Updating Your W-4

If you and your spouse have jobs and earn wages, you’ll each need to fill out a W-4. This form tells your employer how much federal income tax to withhold from your paychecks. You’ll also need to split your allowances between both spouses on the W-4, so if you divorce, you may need to recalculate or adjust your withholding allocations. 

Joint filers need to split their W-4 withholding between both spouses, so if you divorce, you may need to recalculate or adjust your allowances.

Alimony payments from divorce or separation agreements that were finalized before Jan. 1, 2019, are still considered an above-the-line deduction when filing taxes. However, as of January 1, 2019, alimony arrangements can no longer be modified. Therefore, if you are the paying spouse in a divorce or separation agreement that was finalized after that date, you cannot deduct alimony payments when calculating your adjusted gross income. Unlike alimony payments, child support payments are not deductible. If you receive child support payments, you do not have to report them as income on your tax return.

Claiming Children as Dependents

If you have children, understanding who can claim them as dependents is important. This will also affect tax credits you can claim when you file your taxes. Parents who claim their children as dependents are known as custodial parents. Custodial parents have the children live with them for more days out of the tax year. Divorce agreements will usually have custodial parents underlined.

If you are not the custodial parents, you cannot claim child and dependent care credits. You also cannot file your taxes as the head of the household. Form 8332 is an IRS-approved document that allows custodial parents to release their claim to the exemption for a dependent child. If you sign Form 8332, you cannot claim the child as your dependent, and you cannot revoke it until the following tax year. In addition, the Trump tax plan eliminated exemptions for dependents in favor of a higher standard deduction.

Final Thoughts

Individuals who change their marital status through a legal separation or divorce must also change their tax filing status. For filing purposes, the IRS generally considers a couple married until they receive their final decree of divorce or separation.

If you’re going through a divorce, it’s necessary to take the proper steps to understand how it will impact your taxes. If you have specific questions about divorce it’s always best to work with an established and experienced family law attorney. 

Masters Law Group understands that divorce is a stressful situation and that our clients want to move on with their lives. As such, we move through settlement negotiations, mediation or litigation with our clients’ assurance and well being in mind.

Whether you are facing a contested divorce, uncontested divorce, or civil union divorce, our firm’s attorneys are ready to skillfully advocate for your position and provide your voice when you need it most. Contact us today to schedule a consultation.

How is Cryptocurrency Divided in Divorce?

Cryptocurrency is an asset like any other kind of asset, and as a result, it may be considered separate property or marital property. What many people do not understand is exactly how complicated this can become. 

Cryptocurrency is a type of code or software that dictates how a unit of currency is produced and regulated.  Essentially, the creator of the cryptocurrency makes the units using an algorithm that relies on cryptography to secure the currency. The most common cryptocurrency, and the first of its kind, is Bitcoin, but there are thousands of other types that can be purchased or earned.

Despite Bitcoin and Crypto prices being extremely volatile, (the recent Crypto crash being a prime example), cryptocurrency is gaining in popularity and becoming a more and more common asset seen in divorce cases.

Crypto and Divorce Trend

Cryptocurrency has gone from an obscure hobby to a significant investment for many people across the country. As crypto assets like bitcoin rose dramatically in price, many investors became wealthy, especially those who entered the crypto market in the early days. However, cryptocurrency can also add new complications to a divorce, particularly when it comes to dividing assets between divorcing spouses.

Here’s a look at some commonly asked questions about cryptocurrency assets in a divorce.

Q: What is Cryptocurrency and is it Considered Marital Property?

A: Bitcoin is a cryptocurrency that allows secure transactions on the internet without having to go through a bank. Bitcoins can be exchanged or traded for other currency, products, or services and have increased in use since their creation in 2008. With this increase comes new challenges in a divorce when it comes to dividing up assets.

Cryptocurrency is considered an asset and as a result, it may be considered separate property or marital property. In some cases, growth in the value of cryptocurrency during the marriage may be considered a marital asset, even if the original purchase took place before the marriage. 

This is especially true when both spouses were involved in using cryptocurrency, investing in crypto assets, or planning to rely on crypto to fund future financial ventures. If you’re a crypto investor considering divorce, you should always consult with your lawyer about how you can expect your investments to be affected by the separation.

Q: Can You Lose Bitcoin in a Divorce?

A: Bitcoins are treated the same as any other asset in a divorce. If the bitcoin transaction was before the marriage, was given as a gift or through an inheritance, it is not marital property and cannot be divided. Therefore, if the transaction was during the marriage, it is marital property and can be divided.

When bitcoins are considered marital property, the easiest way to divide them is to split the determined value 50/50. Since most bitcoins can be cashed out in full, splitting the value 50/50 means each spouse would simply get half.

Another way to divide bitcoins is by negotiating other marital property in exchange. This means, if the spouse with the bitcoins wants to keep them, they can give up other marital property with the same determined value to the other spouse.

Q: Can Cryptocurrency Be Used to Hide Assets During Divorce?

A: A misinformation gap can easily arise especially when only one partner is involved in the crypto market and the other spouse has little knowledge on the aspects of crypto investments. This gap can lead to one partner not knowing what to look for when it comes to uncovering crypto holdings in the asset division process. 

The growing awareness of cryptocurrency technology has led to more divorce attorneys thinking about how to deal with crypto as a way of hiding assets. In some cases, a spouse may suspect the other party has undisclosed crypto holdings, while in other cases, they may notice that the other spouse suddenly seems to have a source of funds that is not tied to their existing employment or investments.

There are several ways that cryptocurrency assets may be discovered. The best-known and easiest to uncover are bitcoin and ethereum. Other cryptocurrencies may offer higher levels of anonymity. Those assets are much less valuable and more volatile than the better-known digital currencies. A forensic expert typically brought in by the parties, may search for cryptocurrency tickers, login credentials for exchanges, or keys for certain types of digital wallets.

Bank statements, credit card statements, and other financial documents may indicate transactions for crypto purchases from various exchanges.

Final Thoughts

During a marriage, it’s important for both partners to have an understanding of their marital income, and investments. With greater knowledge about finances shared between spouses, it can be far more difficult for one person to hide assets during a divorce. 

If you are concerned about how your or your spouse’s cryptocurrency assets could affect your divorce or the asset division process, Masters Law Group can help. Our team of highly trained and experienced family law attorneys are here to answer your questions about divorce and digital asset division.

Contact us today for more information, or to schedule a consultation.

 

This National Spouse’s Day: Exploring Legal Separation

Although divorce doesn’t come to mind when celebrating National Spouse’s Day today, many Americans are now looking for ways to help fix their relationship without ending their marriage legally; including legal separation.

National Spouse’s Day is a chance to celebrate your spouse and show your better half that they are appreciated. Let’s admit it, sometimes married couples need reminders to leave the hamster wheel that is everyday life. January 26, however, can either be the remedy to all couples’ woes, or a sign to explore legal separation.

Here’s a look at legal separation and what it could mean for you depending on your personal situation.

What Is Legal Separation?

A divorce means the marriage is legally over. A legal separation is a court-ordered arrangement where a married couple lives apart, leading separate lives. A legal separation is a popular alternative to a divorce when the parties are unsure of the state of their marriage but want to establish boundaries on finances and responsibilities. Oftentimes this includes separation of assets, custody of dependents, and child support.

Although the reasons for seeking a legal separation vary, there are some common ones worth noting. Some religions prohibit married couples from divorcing and a legal separation grants most of the benefits of a divorce without compromising religious tenets. Also, those unsure of their marital future may opt for a legal separation, hoping for a reconciliation. 

When crafting a legal separation, both spouses should thoroughly address any issues about responsibilities, shared assets, or any other situation specific to the marriage that needs to be addressed. If the terms of the agreement are not clearly defined in the petition, the judge won’t be able to help you. Every petition for legal separation must include the following information:

  • The legal names of both spouses
  • The date and location of the marriage
  • The names of any children or dependents of the marriage
  • The proposed custody arrangement of the children
  • The dates and addresses where the couple began living apart
  • Any child support arrangement, as well as any other financial responsibilities to which both parties have agreed

Separation vs. Divorce vs. Annulment

Though a divorce marks the official end of a valid marriage, an annulment treats the marriage as if it had never happened. In other words, a judge grants an annulment indicating that the court does not recognize the arrangement as having been a legally valid marriage. There are a number of scenarios in which a person can request an annulment:

  • The marriage was a result of force, fraud, or physical or mental incapacity.
  • The marriage took place when one or both spouses were under the influence.
  • The marriage took place when one or both spouses were already married.

In most cases, the legal termination of a marriage will result in a divorce. Unlike a separation, a divorce is permanent. This means both spouses are free to remarry. However, depending on the state where the couple lived and how long the marriage lasted a divorce also means the termination of economic benefits such as shared insurance and assets. Ultimately, electing for a divorce over a legal separation is a personal choice.

Pros and Cons of a Legal Separation


Couples may choose to be legally separated rather than getting a divorce for various reasons. But before they make a decision, one must consider the pros and cons associated with separating legally and if it would be a better option than a trial separation or divorce.

Pros:

  • Divorce is a very final process. Even though a couple has determined that they can no longer live together as a couple, they may not be ready to go through a full divorce. They may wish to legally separate and get the distance they need to make the ultimate decision about divorcing with a clear head.
  • People elect to legally separate when they have religious or social objections to divorce. In such a scenario, separating legally allows the couple to not violate the religious beliefs and live separately.
  • Another reason people elect to legally separate is when they have religious or social objections to divorce. A legal separation allows the couple to live independently of each other without officially divorcing.
  • A few people might have the option to remain on their partner’s medical coverage plan in the event that they are legally separated rather than being divorced. There likewise might be other monetary advantages to separating legally over divorce.

Cons:

  • One of the biggest disadvantages to a legal separation is that you and your spouse remain married. If you want to remarry, you will not be able to do so unless you obtain a full divorce. However, if you decide to divorce, having a legal separation already in place can make the divorce process more efficient as you have already agreed on terms.
  • With similar legal requirements as a divorce, paperwork, litigation, and trial proceedings, separating legally can be as much taxing as a divorce.
  • If you ultimately do decide to divorce, getting a legal separation first can end up costing you more money. Because you must get a court order recognizing your legal separation, you will be subject to court fees. Before going through a legal separation, you should consider the likelihood of divorcing down the road and whether or not a legal separation is more beneficial to you than a full divorce.

Final Thoughts

Like Illinois, most states allow legal separations—the exceptions are Florida, Delaware, Georgia, Mississippi, Pennsylvania, and Texas. The length of the separation process can vary depending on the state and the complexity of the agreement, but the process typically takes around six months to a year. You can begin a legal separation by contacting your family law attorneys at Masters Law Group, or by filing a petition with the Circuit Court Clerk of the appropriate county. For a list of circuit courts, view the Illinois Courts website.

If you are considering a legal separation, you should consult with your lawyer to make sure it is the best decision for you. Every case is different, and your attorney can use their experience to help guide you in making this important decision. At Masters Law Group, our team of attorneys are experienced in handling Legal Separation, and Divorce Cases.

Overall, if you’re exploring legal separation it’s always best to consult an established family law attorney for a clear understanding of what your options are. Contact us today to schedule a consultation.

Illinois Divorce Q&A

Are you considering a divorce? Throughout this tough time in your life you might have a hard time figuring out where to start or have many questions that need answers. For anyone seeking a divorce it’s important to have a lawyer who has your best interests in mind. Here are a couple of the most important and frequently asked questions when it comes to considering a divorce.

Divorce law is complicated so, if you are considering getting a divorce from your spouse you may have questions about what it involves and how to proceed etc. In this article, our experienced Illinois-based Divorce and Family Law attorneys cover the top most common divorce questions and answers.  Let’s dive right in…

Q: Is Illinois a 50/50 State for Divorce?

A: Unlike other states that divide the marital estate exactly in half, Illinois instead considers a variety of factors to determine an asset division arrangement that is fair and reasonable on both ends. Unfortunately, Illinois is not a 50/50 state for divorce. This means that the court weighs a number of factors to determine how to fairly divide property rather than dividing property 50/50. These factors include each spouse’s contribution to acquiring the property, the value of the property, the duration of the marriage, and which party has more responsibility for any children of the marriage. 

Q: Do Both Parties Have to Agree To Get A Divorce?

A: Both parties do not have to agree to get a divorce. A divorce can be filed by either party by filing a divorce petition along with a summons with the clerk of court and having it personally served upon the other party. Although both parties do not have to agree to get a divorce, both parties do have to agree to waive the 6-month waiting period of living separate and apart prior to a divorce as discussed above.

Q: Can You Be Denied A Divorce In Illinois?

A: In Illinois, you cannot be denied a divorce. Some states have many grounds for divorce and may deny a divorce if you fail to prove the grounds that you allege in your divorce petition, such as adultery or habitual drunkenness. Prior to 2016, Illinois operated this way as well. However, since 2016, the only ground for divorce in Illinois is irreconcilable differences. 

This means that the only reason that your divorce would be denied would be because you failed to follow the court’s procedural requirements or because you did not meet certain prerequisites, such as the six-month waiting period. Even if your case was dismissed or delayed based on these grounds, with the help of an attorney, you would eventually be able to receive a divorce order.   

Q: How Can You Get a Divorce if Your Spouse Won’t Sign?

A: When one spouse challenges whether the couple should get a divorce or any other reason, you have a divorce dispute. This is referred to as a contested divorce and can take more than 18 months to be resolved. An uncontested divorce (referred to as a “dissolution of marriage” in the state of Illinois) means that both parties agree on all the key terms of the divorce, including:

  • Dividing marital property.
  • Child custody and parenting time schedule.
  • Dividing marital debts.
  • Child support and medical insurance coverage for any minor children.
  • Spousal support (also called “alimony”).
  • Custody of pets.

Uncontested divorce is a great way to speed up the divorce process and make it less expensive. If both parties do not agree to the issues involved in the divorce, or even to the idea of getting divorced, this will not prevent you from receiving your divorce order.  

Q: How Can I Get a Quick Divorce in Illinois?

A: Divorces usually tend to be drawn out, especially when the parties cannot agree on how to handle issues such as child support, allocation of parenting time and responsibility, spousal maintenance, and division of assets and debts.  

However, if the parties can agree on the issues mentioned above, this is called an uncontested divorce. In an uncontested divorce, the parties and their attorneys draft written agreements at the outset. These are known as Marital Settlement Agreements and Joint Parenting Agreements. Uncontested divorces can be resolved with one court appearance and can be finished as quickly as a month.  

Q: How Much Does a Divorce Cost in Illinois?


Those living in Illinois and thinking about divorce might be like many Americans in the current uncertain financial climate. In Illinois, there are no set costs for the divorce. There are, however, set costs for filing the paperwork with the court where you live.  If you are a couple who have been married a short period and have separated for at least 6 months, a divorce should be relatively easy – therefore more inexpensive – even if you hire an attorney. If you are married with children, have joint assets like retirement accounts, investments or own a home/business together, you may think it is easier to hire attorneys and let them work out the details.

Final Thoughts

While there are many questions and valid concerns that come with divorce, the divorce process itself does not have to be difficult, and you don’t have to go it alone. However, divorce is an investment with substantial risks.

Divorce cases involving considerable assets or complex estates require specialized knowledge. Masters Law Group is skilled at identifying and valuing assets and wealth, including real estate, securities, business interests, retirement funds, pension plans, tax shelters (domestic and foreign), overseas accounts, stock options, trusts and other actual or potential sources of wealth.

Whether you are facing a contested divorce, uncontested divorce, or civil union divorce, our firm’s attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.

If you are contemplating filing for divorce or learn that a spouse recently filed, Masters Law Group’s team of experienced attorneys can answer any questions you may have throughout this process.

For more information on the divorce process in Illinois, contact us here today.

 

Divorce Planning: Finding Freedom in 2022

Celebrating the holidays with family and friends is one of the most anticipated times of the year. But for parents considering divorce, the holidays are not always a happy time. Now is a good time to figure out how to manage your expectations of divorce in 2022.

They say, “It’s the most wonderful time of the year!” But is it, when considering a divorce? No matter how long you and your spouse have been together, a divorce can be draining—both emotionally and financially. It can be difficult if you’re unprepared or disorganized. With the new year around the corner, now may be the best time to prepare yourself for your next steps to finding freedom in 2022.

To make the transition as smooth as possible, the family law attorneys at Masters Law Group have put together divorce planning tips for 2022 to help you navigate through the process. Here’s what you should know.

Discuss the Divorce 

If you haven’t talked with your spouse about a divorce yet, decide when, where, and how to approach the subject. Try to pick a date that doesn’t coincide with a major event, which is why many individuals put off the process until the new year. Then, choose a time that will give both of you a chance to talk, think, reflect, and rest before work or other obligations arise. If possible, plan to have the conversation in a neutral place—out of the home and away from domestic triggers and distractions. Keep it simple, try to remain calm, and avoid saying more than you need to. 

Any divorce can get messy and complicated. It’s important to have a support system in place when you’re going through a hard time. A group of trusted friends and family members who will be there to listen and lend a hand will be especially important throughout this tough time. It’s also a good idea to meet with a therapist, especially if you’re coping with any trauma, such as domestic or substance abuse. 

Navigate Separation Details

Some couples live together until the divorce is final, but usually, one spouse or the other moves out before that time. Decide where you, your partner, and your children will live. Keep in mind that maintaining two separate homes will be expensive. Both you and your soon-to-be-ex should aim to spend no more than 25% of your respective take-home pay on rent or mortgage costs. Be sure to create a realistic budget that reflects the new living arrangements and ensures both households are safe. 

Compile Your Legal Documents

Part of divorcing is figuring out who gets what. A good place to start is to make a list and keep proper documentation of personal items that belong only to you, such as jewelry, family heirlooms, or photos and papers that have special meaning to you. If necessary, give these items to a trusted family member or friend for safekeeping. 

It’s essential to have your financial paperwork organized and in one place, such as a file or binder. Start by collecting and making copies of your legal documents, including:

  • Marriage documents: Agreements and marriage license
  • Tax returns: Federal and state tax returns for the past five years
  • Real estate: Deeds, appraisals, cost basis of home, mortgages, rental property records
  • Business documents: Receipts, tax returns, payroll information, and any registrations, patents, or trademarks
  • End-of-life plans: Will, power of attorney, advance healthcare directive

If you have trouble finding any documents (or your spouse is making it difficult), your attorney can help. 

Hire a Divorce Attorney

How well you are able to navigate through your divorce may rest in large part on your ability to produce documents and evidence that can support your claims for alimony, child support, a division of assets and other important issues. Even if your divorce is amicable, it’s best to hire an experienced attorney who will help you understand your rights and responsibilities—and ensure you follow the appropriate steps. That way, you can make educated decisions about you and your loved ones’ future. 

Making sure you are treated fairly is vital to give you the best chance of moving forward in the best possible way after your divorce is finalized. To find a reputable lawyer, seek out recommendations from family and friends or research several family law attorneys in your area. Either way, be sure to interview a few candidates to find the one with whom you will be most comfortable.

Final Thoughts

January is often dubbed “divorce month” because many people say, “Let’s make this the last good holiday for the kids and our families” or “Let’s wait until after the New Year when the kids go back to school.” No matter what the reason though, divorce is never easy. There is no “good” time for a divorce – period. Coming to terms with your divorce and divorce planning does not have to be hard.

At Masters Law Group, our award-winning attorneys are here to guide you through your divorce every step of the way and help you untangle the process. When you need the assistance of an experienced divorce attorney in the greater Chicagoland Area, call Masters Law Group. We are dedicated to providing our clients with exceptional service and support throughout the divorce process. 

Contact our office today to schedule your complimentary consultation.

Planning for a Gray Divorce in Illinois

Gray divorce refers to the increasing divorce rate for older couples in long-term marriages. If you’re facing a divorce later in life, here’s what you should know. 

Divorce can be difficult and emotionally draining, especially after long-term marriage. Gray Divorce is often referred to as “diamond divorce,” a phrase which has been coined for the increasing number of late-in-life divorces.

The overall U.S. divorce rate is dropping but the number of divorces after age 50 is surging. The reason is a generational divide: Americans in their 20s, 30s and 40s are delaying and, in some cases, skipping marriage. Those who do get hitched are likelier to stay together. Meanwhile, baby boomers — who caused the divorce rate to surge starting in the 1970s — are continuing to divorce at higher rates as they age.

If you’re thinking about, or going through a divorce later in life, here’s what you need to know.

What is Gray Divorce? 

As mentioned above, gray divorce refers to a demographic trend that has witnessed an increase in the split or separation of older couples who have been married for a long time. The term began to be used in the United States in 2004, but the practice had already been prevalent for about 20 years. You need to know that the consequences of getting divorced after 50 can be incredibly impactful, both financially and emotionally, to older people and their families.

Splitting up after age 50 may be particularly hazardous to your emotional and financial health, far worse than doing so at younger ages. A wave of new research is quantifying the damage.

“It’s a grim picture,” said Susan Brown, a Bowling Green State University sociology professor and co-director of the National Center for Family & Marriage Research, which has generated many of the new findings. According to one study, people who’ve gone through a gray divorce report higher levels of depression than those whose spouses died.

The need for retirement benefits becomes more critical when you divorce later in life because people have less time to “make up” any losses they may face pursuant to a divorce. Understanding what benefits are available, and how they can be distributed, is paramount as you plan for a separate future. 

Reasons For Gray Divorce

Divorce is one of the most challenging parts of anyone’s life, but sometimes it is inevitable. Asides from generational differences, there have been a couple recurring themes linked to it.

Financial Issues: One of the most popular reasons is financial problems. Financial problems are problematic during any part of a marriage. When one partner has trouble keeping to a budget, especially if the other is a primary breadwinner, the outcome isn’t always favorable. One example of this is when one spouse makes an investment decision that goes sideways or loses money from a couple’s nest egg. On the other hand, if one of the partners earns all of the money in the household and; therefore, makes all of the decisions involving money, problems may arise. 

Empty Nest Syndrome: Empty Nest Syndrome is also another popular reason why people look to get divorced later in life. When you’re in the prime of your life, you may have two or three kids that consume your time. Pets, family activities, charitable efforts and layers upon layers also keep you happy and active. In many cases, as children grow up and leave home, you spend more and more time at home. This leaves you with time to reflect on you and your partner not being who you were before. 

Infidelity: Cheating on a spouse is another major reason for gray divorce. Infidelity does not carry the same stigma it did in earlier times, and this has led many married couples to stray. Combined with online dating sites encouraging infidelity, many are tempted by the lure of temporary, often younger sexual partners.

Growing Apart: Couples in gray divorce may have realized later in their lives that they lost the spark they had when they first married. Considering that the stigma around divorce is diminishing, they decide that divorce would be the best course of action.

Legal Considerations of a Gray Divorce

While the process of divorce is no different to those of younger divorcees, there are some special considerations unique to divorcing later in life.

Step one is identifying which assets are part of your marital estate and which assets are pre-marital possessions. This would be somewhat simple if you had only married your spouse two or three years ago, but after several decades of being together, memories of who owned what tend to blur together. Also, pre-marital assets can get mixed into marital assets, such as if your husband/wife used money in his/her pre-marriage savings account to buy your house after you were married.

The division of property can be complex. Assets to discuss with your family law attorney include:

  • Health/Life Insurance Policies
  • Property/Marital Home
  • Social Security Benefits
  • Investments
  • Retirement Benefits

Among the most important considerations is how best to ensure a good income stream and access to funds when needed. If older couples have been married for a significant period of time, spousal support may be more likely to be ordered. Additionally, this more often takes the form of permanent alimony. Lastly, postnuptial agreements (post divorce disputes) are signed after the date of marriage instead of before, and can address these issues such as debt, inheritances, and any other property the couple owns — such as a house — in the event of a separation.

Final Thoughts

Once you begin the stages of coming to terms and finalizing a gray divorce, it’s important to surround yourself with loved ones. Reconnect with old friends and family members that you have grown apart from over the years. Life gets in the way between being married and raising a family, focusing on your career and being involved in your community. It is time to reshuffle your priorities and place your needs first.

Divorce cases involving older individuals and substantial assets or complex estates require specialized knowledge.  Masters Law Group is skilled at identifying and valuing assets and wealth, including real estate, securities, business interests, retirement funds, pension plans, tax shelters (domestic and foreign), overseas accounts, stock options, trusts and other actual or potential sources of wealth.

If you’re looking for attorneys who are highly experienced Gray Divorce in Illinois, Masters Law group has a unique depth of knowledge, experience and talent in the Family Law and Gray Divorce field.

Contact us today to schedule a consultation.

 

5 Tips to Survive the Holidays Co-Parenting

Co-parenting over the holidays. These four words can bring either a sense of joy or dread this season, or even both. But with the right planning in place, you can experience a harmonious Hanukkah, cohesive Christmas and no-drama New Year. 

The holidays can be a magical time for everyone. Children have breaks from schools; families and friends gather for meals and multi-day celebrations; and emotions run hot. While the season brings joy and laughter for some, they can also be hard to manage – especially when co-parenting.  Yes co-parenting has its challenges on a good day, but throw in the holidays and it takes on a whole new level.

To make sure your holidays remain special for you and your children, it’s important to have a plan. Here are 5 tips to help you survive the holidays and set your loved ones up for a season of success.

  • Create a Parenting Plan

Since you and your spouse went through the formal divorce process, you likely have a parenting plan in place that also includes how the holidays are meant to be shared. If you feel that you need to make new arrangements this year and it is not your first time co-parenting during the holidays, do not save this for the last minute. A parenting plan is a legally-binding agreement and should be respectfully treated as such.

If you don’t have a parenting plan you may want to consider getting one. You can develop one informally if you are communicating well or you can have your attorney or mediator help create one for you. It’s a good idea for a parenting plan to have a system in place for how disputes should be handled if the situation arises, and a way in which parents can periodically review and make necessary changes to the plan. 

The plan may also include other provisions or information intended to help both parents understand and abide by the shared responsibilities in raising the child or children. Once you have it in place and on autopilot, you won’t have to stress over everything. Try one if you don’t already have one. It can make your life a lot easier.

  • Allow Flexibility

You’ve gone through a lot this year; trying to process divorce, finalize child support and navigate the co-parenting world – just to name a few. Add coronavirus to the mix, and you have yourself the perfect ending to a horrible year. COVID-19 has arisen many grey areas for families across the world, including parenting time schedules. Use your parenting plan as a tool to keep things focused, but while compromising might not be easy, it is an effective way to make things easier for your children, assuming they are only minor adjustments. For example, help yourself by giving your ex some wiggle room on logistics. A great rule of thumb is to plan at least 15 minutes of flex time around any child exchange. Depending on your location and the weather gets worse, you will need more flex time.

Consider having a civil conversation about what you both have in mind for the holidays and how time with the children can be shared with each of you and extended family members. Don’t wait until the last minute to begin the conversation. “The sooner the better” is in order to iron out any initial disagreements that could occur. 

Try to cooperate with each other during this emotionally-charged season and do what is needed for both you and your ex so that you can both spend happy, quality time with your children.

  • Stability is Key

Once you have made some logistical decisions, present a united front in telling the children together (if possible) what the plans are going to be. Make them feel that everything is worked out and it’s going to be a good holiday season because mom and dad have figured it out.

This will provide stability and comfort to your children. It will ease their anxiety and their concerns about mom and dad getting along during the holidays. Children think about holidays and how mom and dad are going to feel if they are alone. Give them peace of mind that everything will be okay even though you are no longer together.

  • Tolerate Difficult Circumstances (New Partners)

Divorce can be a painful and draining process. Be kind to yourself while going through your divorce. Many medical and mental health professionals recommend treating divorce like grief. There is happiness on the other side of all the legal and emotional issues, and the chances of your children feeling that pain are highly likely. If you or your ex are in the process of separating, try to not make small matters an issue. 

While the holidays can be a delicate time to test your tolerance, by doing so, you’ll look back without regret at handling these emotional issues maturely. Try to have an open discussion with each other about the role of a new significant other and how that will play in the lives of your children. Introducing a new partner is a big and important decision. Incorporating new partners into the family structure is delicate, especially during the holidays. With the help of an experienced family law attorney, you can receive sound advice on how to speak with your children so everyone involved is comfortable.

It’s important to remember to stay calm, the chances of your child remembering you losing your temper are high in the event that someone interferes with your plan. When something goes wrong, you can absolutely feel angry. The suggestion here is to try to have some patience, and focus on your child’s priorities.

  • Show Yourself Some Love

The holidays can be hard even for those who are not recently divorced, so do not begrudge yourself some self-care. There is a chance that you will spend some time alone this holiday season, and with Covid-19 variants looming, you could end up alone more than you expected.

Try to make some plans for yourself that do not involve the kids, even if it is just to sit at home on your own, binge-watching TV shows with your favorite takeaway meal. A little time to yourself can do wonders for your mood and help you get through the holidays with a little less stress. As much as you might want to make the holidays perfect for your kids, you cannot forget yourself. The happier you are, the smoother the holiday season will be them, too.

Last Thoughts

The holidays are meant to be a special time for everyone involved. And remember, having patience while trying to execute the holiday co-parenting plan is crucial to maintaining everyone’s enjoyment of the holidays. 

We hope with the help of these tips mentioned above, it can make way for you to navigate through your holidays in a seamless, appropriate and enjoyable manner. 

For more information on Divorce, Parenting Time, Allocation of Parental Responsibilities, Child Support and more, visit our website to talk to our experienced attorneys. With their in-depth knowledge and experience in Family Law, we’re sure to help you get through the holiday season together.