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630-575-8585

2015 Spring Road, Oak Brook, IL 60523

Top Chicago Area Divorce Lawyers

Illinois divorce attorneyA spouse cheating can irrevocably impact a marriage and can lead many couples to divorce. For victims of an unfaithful husband or wife, emotions can run high, and focusing on the legal process of divorce can be understandably difficult. To provide the guidance that you need during a divorce from a cheating spouse, it is helpful to have a trusted lawyer by your side who can help you understand the process and focus on building a better future for you.

When Cheating Does and Does Not Affect a Divorce

When a divorce is caused by or involves infidelity, most divorcing spouses take one of two routes. They can either resolve to work together to cooperatively end the marriage or allow the infidelity to cause more drama and conflict. Our lawyers can handle either scenario and try to keep the focus on the practical matters of the divorce while being to your emotional needs.

While infidelity can potentially create a contentious atmosphere, the cheating spouse cannot be punished by the court or receive less of the couple’s marital assets than they would have otherwise been awarded simply due to being unfaithful. The court must follow the normal procedures for determining and approving marital property division and spousal support, if needed. 

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DuPage County child custody lawyerIn the wake of a divorce, the final divorce judgment or decree will spell out both parents’ parental responsibilities and schedules for parenting time. While the plan considers the best interests of the children and the situation of the parents at the time of the divorce, the law recognizes that circumstances can change. The plans may be modified when significant changes occur in the lives of the parents or the children, including the relocation of one of the parents.

Relocation Requirements and Considerations in Illinois

Any move has the potential to impact the relationship between a child and their parents. If you are the parent who has the majority of parenting time or if you and your ex-spouse share parenting time equally, you must ask the court and the other parent for permission to relocate.

The statutory definition of a relocation is:

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DuPage County business owner divorce attorneyFor anyone going through a divorce, it can be an uncertain and unsettling time. This feeling can be even more intense for small business owners, who are not only concerned with the end of their marriage, but also the uncertain future of their business. If you are a business owner approaching a divorce, here are some basic items that will help you start to plan.

Businesses as Marital Property

There are a few different scenarios that can determine if a business qualifies as marital property and therefore would be subject to division during a divorce. If the business was started during the marriage, at least part of it will likely qualify as marital property. For businesses that were started before marriage, any growth in value or assets that occurred during the marriage could also be considered marital property. In both cases, it does not matter if the business is only in one spouse’s name or if only one spouse was involved in the operations of the business. However, if the spouses signed a prenuptial or postnuptial agreement including the business and its assets, it may be protected.

Determining the Value of a Business

For both parties in the divorce, an important aspect to determine is the value of the business. There are financial professionals who can work to determine the correct value of the business, the potential for growth, and if applicable, each spouse’s percentage of business equity. Both spouses may have their own experts who reach different values and may be called to testify during the divorce proceedings about their methods.

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DuPage County hidden assets attorneyMany marital disagreements and eventually divorces are caused by financial issues. This can be amplified during a divorce when matters of property and asset division, spousal support, and child support payments all hinge on correct and complete accounting of the couple’s marital estate. This should include all assets and debts as well as information about both spouses’ income and business value. This can be an even larger issue during a high-asset divorce, including those with substantial investment and retirement accounts.

If you suspect your spouse is hiding assets to prevent them from being divided in your divorce, you need to take action and let your divorce attorney know as soon as possible.  

Common Ways of Hiding Assets in a Divorce

Here are some of the most commonly used methods that spouses use to hide assets before or during a divorce:

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oak-brook-prenup-attorney.jpgSigning a prenuptial agreement before you walk down the aisle and say your “I do’s” may not seem like the most romantic idea. A lot of couples have the idea that a prenuptial agreement amounts to preparing for a divorce before you have even managed to get married. However, this is not the case. A prenuptial agreement in Illinois can do more than decide who gets what in a divorce. It can protect you during the marriage, and it can also serve you well in the event that your marriage lasts until one of you has passed away. Aside from that, it is a very practical idea. If you and your spouse-to-be are considering using a prenuptial agreement, you should both be represented by your own attorneys. 

Why Should Every Couple Have a Prenuptial Agreement?

It is true that prenuptial agreements can make divorce easier. However, it can also serve other purposes. There are quite a few reasons that prenuptial agreements are a good idea for most couples, including: 

  • Easier divorce - Protecting yourself and your spouse in the event that you do divorce one day is certainly one of the top reasons that some couples elect to sign a prenuptial agreement. While everyone wants their marriage to last forever, most marriages do not. Having a strong prenuptial agreement in place can take the sting and stress out of divorce by eliminating uncertainty and saving you time and money. 

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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