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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

The divorce experience is different for everyone. A young couple who does not have children, own a home, or have valuable assets may be able to get a divorce relatively quickly and effortlessly. The more assets you own and the more complex those assets are, the more likely it is that you will have a complicated divorce. If you are planning to end your marriage, and you and your spouse have a high net worth, own complex assets, or have high-value assets, your divorce may involve more negotiations. There is much more at stake in a high asset divorce, so it is crucial for couples in this situation to be informed about the unique issues presented by a high asset or complex asset divorce.

Child Support and Spousal Maintenance Payments Are Usually Much Larger

Illinois child support orders are decided using the “Income Shares” method. This approach involves evaluating each spouse’s income, determining the total amount of support for which the parents are collectively responsible, and then splitting the cost between the spouses in proportion to their incomes. Similar to property division, the spouses’ financial circumstances must be fully understood before a child support order can be entered by the court.

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Cook County high-conflict divorce lawyer

While all divorces involve at least some degree of hostility, a high-conflict divorce is especially contentious. Child psychiatrist Dr. Mark Banschick calls high-conflict divorces “malignant divorces” because of the stress and emotional burdens these splits can incur. If you are a parent who is getting divorced, and you have a combative relationship with your spouse, you probably worry about how this conflict will affect your child. There is no perfect way to help your child cope through a high-conflict divorce, but experts do have suggestions for how to minimize your child’s emotional trauma during a difficult divorce.  

Have Adult Conversations Away from the Children

Experts agree that children can be deeply disturbed by parental conflict and fighting. The best way to minimize your child’s trauma during divorce is to keep adult conversations away from your child as much as possible. Studies show that when children watch or overhear their parents fighting, they are more likely to have behavioral and emotional problems. Working with a skilled mediator may be one way to keep divorce-related discussions compartmentalized, but this is not always a possibility during a high-conflict divorce. If possible, take divorce-related phone calls in another room and avoid “bad-mouthing” the other parent in front of your child.

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Western Springs child support attorney

If your marriage is coming to an end because your spouse cheated on you, you may wonder how this could affect the divorce process. Illinois is a “pure no-fault” state, which means that there are no fault-based grounds for legally terminating your matrimonial union. If you and your spouse are getting divorced in Illinois, you will simply list “irreconcilable differences” as to the reason that you are seeking a divorce. However, marital infidelity can still affect your divorce proceedings in several important ways.

Assets Wasted During an Affair Can Constitute Dissipation

Illinois law prohibits courts from considering cheating or other types of marital misconduct when making property division, child support, or spousal maintenance decisions. However, there are several exceptions to this rule. According to the Illinois Supreme Court, “dissipation” occurs when a spouse uses marital funds or property “for a purpose unrelated to the marriage” while the marriage is “undergoing an irretrievable breakdown." Dissipated assets can include money spent on gifts or vacations for a secret lover, property which was sold in order to fund the affair, or other assets which were used to benefit the paramour. If you and your legal counsel can prove that your spouse dissipated assets, you may receive a proportionately larger share of the marital property in the divorce.

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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