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630-575-8585

2015 Spring Road, Oak Brook, IL 60523

Top Chicago Area Divorce Lawyers

Burr Ridge high-asset divorce attorney

As a general rule, the more wealth and property a married couple has, the more complicated their divorce will be. Divorces involving a family business, multiple real estate properties, 401ks, pensions, royalties, offshore accounts, deferred compensation, investments, stocks, trusts, and other complex assets are often especially hard to navigate. One issue that anyone undergoing a high asset divorce should watch out for is hidden assets. If you have reason to suspect that your spouse may be lying about financial information during divorce, speak with a knowledgeable divorce lawyer as soon as possible.

Red Flags of Financial Fraud

In order for a couple to reach a fair divorce settlement, each spouse must be fully transparent regarding his or her income, property, and debt. Decisions regarding property division, child support, spousal maintenance, and other issues are heavily influenced by the spouses’ financial circumstances. When a spouse does not fully disclose his or her assets and income for the purposes of skewing the divorce settlement in his or her favor, this is considered financial fraud. A spouse engaging in financial fraud may undervalue or fail to report certain assets or revenue streams, overstate debts, or claim that his or her expenses are much higher than they actually are.

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DuPage County spousal maintenance attorney

In some divorce and separation cases, a higher-earning spouse is required to make payments to a lesser-earning spouse. These payments are called spousal maintenance under Illinois law, but they are also commonly referred to as spousal support or alimony. There are a variety of reasons that a spouse may be required to make these types of payments. Spousal maintenance arrangements may be stipulated in the couple’s prenuptial agreement, or a large discrepancy in the spouses’ assets and incomes may necessitate maintenance. Whether you are the payor or the recipient of spousal support, you may be wondering how long maintenance payments will be mandated. Like most family law concerns, the answer will depend on several factors.

Spousal Maintenance Duration

If the spouses have signed a valid prenuptial or postnuptial agreement that specifies the terms of spousal maintenance, the court will typically uphold these terms. If the spouses did not have an agreement dictating spousal maintenance arrangements, the court will consider factors such as the spouses’ income, assets, employability, health, impairment to future earning capacity, and other elements to determine whether maintenance is appropriate. Typically, spousal maintenance is intended to give a lesser-earning spouse time to gain the skills and education needed to become self-supporting, and it can also ensure that a person is able to maintain the standard of living they enjoyed during their marriage.

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DuPage County divorce parenting plan attorney

If you and your spouse have children together, and you are going to get divorced in Illinois, you will be required to create a parenting plan or agreement. A parenting plan outlines the way the allocation of parental responsibilities and parenting time will be managed after the divorce. In some cases, one parent may have all of the parenting time, often referred to as having “sole custody,” but many divorced couples have a shared parenting arrangement. Coming to an agreement about the required provisions in a parenting plan is not always easy, but with an experienced attorney’s help, you can resolve many of these issues. 

Key Elements of a Shared Parenting Arrangement

There are several issues that must be addressed in your parenting plan. You will need to list your child’s official address for school enrollment purposes as well as each parent’s address and contact information. You will need to decide which parent will have the majority of parenting time as well as how important child-related decision-making responsibilities should be divided or shared between the parents. You will also be required to create a plan for how the child will be transported between the two households. An Illinois parenting plan must also include information about how any future proposed changes to the parenting plan or future parental relocations should be handled. There are also provisions describing other parental rights and responsibilities.

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Burr Ridge high-conflict divorce attorney

Marriages end for countless reasons. Sometimes, a married couple simply grows apart and realizes that their marriage is no longer beneficial to either partner. Other times, spouses divorce soon after their wedding because they quickly realized that getting married was a mistake. Many marriages also end because an adulterous spouse is having an affair. If you are considering getting a divorce, it is important to know the grounds for divorce in Illinois. Major changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) took effect in July of 2016, including an overhaul of the “grounds,” or reasons, a person can seek a divorce in Illinois. Read on to learn the current basis for filing for a divorce in Illinois and how instances of infidelity or other breaches of trust could affect your divorce proceedings.

Illinois is a Pure “No-Fault” State

Prior to the 2016 revamp of the IMDMA, there were several fault-based grounds for divorce in Illinois. They included adultery, impotence, a spouse infecting the other with a sexually transmitted disease, bigamy, alcohol or drug abuse, extreme physical or mental cruelty, a felony conviction, abandonment for at least a one-year period, and attempted murder of a spouse by the other. There was also a no-fault ground for divorce called “irreconcilable differences.” In 2016, all of the fault-based grounds for divorce were eliminated. Today, Illinois is a “pure no-fault state” when it comes to divorce. The only legal reason divorcing couples can site is “irreconcilable differences” which caused the irretrievable breakdown of the marriage with no hope for reconciliation.

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Hinsdale child support attorney

Child support can help divorced or unmarried parents share the costs of raising their children. Child support orders in Illinois are created using the Income Shares method. This means the amount a parent pays in child support is based on several factors, including the parents’ income, the amount of parenting time each parent has, and the expenses that are necessary to provide for children's needs. Sometimes, a parent needs to modify the amount he or she pays in child support. However, certain criteria must be met in order for Illinois courts to grant a child support modification.

Orders Are Eligible for Review and Modification Every Three Years

Illinois assigns child support orders that are fair and reasonable based on the parents’ financial circumstances and the child’s needs. Because of this, parents cannot change a child support order simply because they want to pay a lower amount. Child support orders are automatically eligible for review every three years. During the review, the current child support balance, the non-custodial parent’s employment circumstances, and other applicable information may be analyzed. If it is determined that the child support obligation needs to be adjusted, the case can be submitted for modification.

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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