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Does My Spouse Have a Claim to My Family Business?
If you have a longstanding family business, you may wonder what will become of it in your divorce. When making a decision about property division, a judge will take several factors into consideration. Depending on the judge’s ruling, your spouse could be entitled to a fraction of your business. An Illinois family law attorney can give you an idea of what to expect in property division and advocate for a favorable settlement on your behalf.
At Shaw Sanders, P.C., we understand just how much your business might mean to you. Our attorneys are skilled negotiators with experience handling complex divorce matters. We will pursue an efficient resolution outside of court, but if necessary, we are prepared to protect your family business in court.
Commingling Business and Marital Funds
One of the most common ways separate property becomes marital property is through commingling. This refers to the act of mixing a separate asset with assets from your marriage, often unintentionally.
Keeping The Peace With Mediation
TV and social media tend to perpetuate the idea that divorce is always an explosive, dramatic affair. In reality, most divorces are much less bombastic. Sometimes, two people live with each other for a few years, and due to internal or external circumstances, they fall out of love. In these well-meaning divorces, nobody truly wants to go to war with their partner.
A mediator can help facilitate a low-conflict divorce between you and your spouse, even if there are things you disagree about. When you work with Shaw Sanders, P.C., you can reap the benefits of working with a mediator and an attorney, providing you with sound legal advice.
Preserving Relationships
Some couples going through a divorce have a good reason not to burn bridges. You and your spouse might genuinely work better as friends without the stress of balancing a relationship or living together. In other cases, you might have a shared social circle that you might not want to disrupt. Similarly, if you get on well with your in-laws, the last thing you want is a messy divorce to drive a wedge between you.
Look Out for These Unethical Divorce Practices
To put it mildly, many divorces end on unhappy terms. In a number of cases, the relationship may have been toxic from the beginning. Rather than a clean, civil split, some spouses may attempt to drag out the proceedings or hurt their partners during a divorce. If you suspect that your divorce is going to be difficult, an Illinois family law attorney can help protect your rights.
At Shaw Sanders, P.C., we have experience handling complex, arduous divorces. When you work with our firm, we will take steps to protect your best interests in issues like child custody, property division, and more.
Hiding Assets
If you and your spouse accumulated a good deal of wealth over your marriage, you should take care to account for all of your assets. You could end up falling victim to dissipation, an illegal practice where one spouse hides, wastes, or steals marital assets. For instance, if your spouse spends marital funds on an expensive vacation with a new partner while your divorce is still pending, you may have grounds for a dissipation claim.
Three Good Reasons to Consider a Prenup
Getting engaged to a partner is a wonderful milestone. At the same time, marriage is often a dramatic turning point. Once you are wed, many of your personal assets can end up becoming marital property.
A carefully negotiated prenuptial agreement with your spouse can lay property issues to rest. During this process, you should involve an Illinois family law attorney who can help you draft an enforceable marital agreement. At Shaw Sanders, P.C., we can provide you with legal advice and qualified representation to help protect your assets.
Protecting Your Business Interests
Even if you owned your business prior to your marriage, it can still become marital property if you are not careful. Any contributions your spouse makes to your business, such as marital funds or labor, can result in the business becoming commingled. This essentially means that your spouse will have a partial claim to your business in a divorce that may have to be paid out in asset division.
How to Make a Sensible Parenting Schedule
Even in the most amicable divorces, figuring out a schedule for parenting time can be a major struggle. Both you and your co-parent will have to manage your divorce and navigate your new lives all while trying to do what is best for your child.
At Shaw Sanders, P.C., we know how difficult a divorce can be for parents and our Illinois family law attorneys can help you negotiate with your co-parent for a realistic parenting plan. Attorney Matt Shaw is a certified mediator with experience helping spouses and families reach solutions through compromise. When you work with our firm, we can lend our insights to help you develop a reasonable schedule for parenting time.
Split Parenting Time Fairly
In 2016, Illinois officially scrapped the language of "visitation" around divorce. Instead, the state acknowledges that both parents have a right to reasonable parenting time. This division of parenting time does not have to be 50/50 throughout the year, but it should allow for both you and your co-parent to stay present in your child’s life.
Dealing With Fraud in Your Divorce
When a divorce seems imminent, some people get into a panic thinking about their finances. Some people even get desperate enough to attempt to hide marital assets, knowing it is against the law. If you think your spouse is attempting to cheat you in the division of the marital estate, an Illinois divorce attorney can use certain techniques to uncover hidden assets.
At Shaw Sanders, P.C., we have over 30 years of experience handling complex divorce cases across Illinois. We take your financial concerns seriously, and when you work with our firm, we will fight for a favorable resolution to your divorce.
How Are Assets Concealed in a Divorce?
When a divorce goes to court, all marital assets are divided fairly by a judge. Somebody who wants a greater share of the marital estate may attempt to fraudulently conceal these assets so that they are not split up in court. Common methods of hiding assets include:
Signs It Might Be Time to Consider Divorce
It is never easy to look inward and honestly assess the state of your marriage. Whether you and your spouse have been together for decades or are still testing the waters in the first few years, certain troubling signs might give you reason to consider divorce.
A rough patch in a marriage does not have to be an omen for divorce. In many cases, couples can work out their issues and come out stronger for it. But if you are having doubts or second thoughts, an Illinois divorce attorney can advocate for your best interests. At Shaw Sanders, P.C., our lawyers can give you qualified legal advice before you file for divorce, no matter what is troubling your marriage.
Arguing in Front of The Kids
If you are frequently getting into heated arguments with your spouse, keep in mind that your children may be exposed to it. Many parents opt to stay together for the sake of their children, but staying in an unhappy marriage can be more damaging to your child’s mental health than getting a divorce.
What Should I Do When Mediation Fails?
Mediation provides divorcing couples with a way to calmly settle disputes. However, mediation is not for everyone. It requires both parties to act in good faith, and if one party will not cooperate, negotiations could stall. If mediation is not the best fit for your divorce, a devoted Illinois divorce lawyer can help you find an alternate method of dispute resolution.
At Shaw Sanders, P.C., our attorneys are dedicated to the practice of family law, and we have years of experience handling high-conflict divorces. We will do everything we can to help settle your divorce outside of court, but if necessary, we are ready to aggressively litigate your case.
Arbitration
If you want to resolve a divorce quickly, arbitration may be the best option for you. Compared to mediation, there is not as much room for negotiation in arbitration. Instead, you and your spouse will present your case in a courtroom to a third-party arbitrator. Similar to a judge, the arbitrator has the authority to make a final ruling.
Things to Beware of in a High Asset Divorce
A couple going through a high asset divorce is faced with trials and tribulations unique to their income bracket. If you and your spouse have considerable assets in your divorce, you may run into unexpected trouble. An Illinois divorce attorney can help you avoid crucial missteps and account for different possible outcomes.
At Shaw Sanders, P.C., we represent spouses in high asset divorces. We have the skills and experience to negotiate for a favorable resolution, especially when dealing with complex property division issues. When you work with our firm, you can take comfort knowing that your case will receive proper attention from a skilled attorney.
Expensive Litigation
It is only natural to want to protect your property in a divorce. You may feel tempted to take your divorce straight to court to safeguard all of your assets. However, a litigated divorce can be quite expensive. In some cases, the combined legal fees from multiple court hearings outweigh any assets you "win" from arguing in court.
Subtle Signs of Parental Alienation After a Divorce
Even when you go in with the best of intentions, a divorce can put a strain on your relationship with your child. Children – especially young children – may not be able to comprehend the reasons for a divorce. They might see things in black-and-white, which naturally comes with feelings of hurt and betrayal. The emotional turmoil caused by the family splitting up may leave a child susceptible to parental alienation, a form of child abuse wherein one parent manipulates a child to reject the other parent.
If you believe you have been subjected to parental alienation, you may have legal recourse to mend your relationship with your child and adjust your parenting plan accordingly. A St. Charles, IL family law attorney at Shaw Sanders, P.C. can help you identify the signs of parental alienation to address the problem as soon as possible.
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