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Recent Blog Posts
The Most Important Parts of a Parenting Plan in Illinois
In a divorce with children, parents in Illinois are tasked with coming up with a parenting plan that addresses all child-care related matters. A parenting plan is a legal document that specifies a child’s living arrangements after a divorce, as well as what areas of the child’s life each parent will govern. In a majority of cases, the courts prefer that co-parents work together on a resolution to foster a healthy environment for the child.
Deciding how to delegate these responsibilities may put an emotional strain on you and your spouse, but a St. Charles, IL family law attorney can help to smooth over any conflicts and make sure that the child’s best interests are represented in the parenting plan. Attorney Matt Shaw has decades of experience in family law, and his excellence in the field has resulted in a superb 10.0 rating on Avvo.
Four Reasons to Consider Mediation in an Illinois Divorce
Every divorce comes with its own challenges. When you and your spouse reach a point of irreconcilable differences, you may decide it is time to separate, which is easier said than done. You may have questions about how property will be divided between you and your spouse, what will become of your shared real estate, and how you will handle co-parenting if children are involved.
There are many ways to settle the dissolution of a marriage. In emotionally fraught, high-stress cases, the matter could be litigated in court. However, you might prefer a less intense alternative via mediation, which allows you and your spouse to sit down and discuss how the divorce will be handled with the help of an unbiased third party. Illinois family law attorney Matt Shaw of Shaw Sanders, P.C. is a certified mediator, helping clients amicably resolve family law issues.
When Is the Right Time to Sign a Prenup in Illinois?
Deciding to sign a prenuptial agreement, or "prenup," is a step many couples consider before marriage to clarify their financial rights and responsibilities. However, timing is crucial, as signing a prenup too close to the wedding or under pressure may jeopardize its validity. If you have questions about when to sign a prenup, it is essential to consult an Illinois family law attorney. Shaw Sanders, P.C. can help ensure that your prenuptial agreement is valid, fair, and enforceable.
What Is the Preferable Time to Begin Discussing a Prenup?
Couples should ideally begin discussing a prenup several months before their wedding date. This early preparation gives both parties ample time to consider the terms and consult separate attorneys without feeling rushed or pressured. Waiting until the last minute could make it appear that one spouse was pressured into signing, which can lead to legal challenges in the future.
Can Divorce Papers Be Served by Mail In Illinois?
To begin a divorce, the most crucial step is to ensure that the other spouse is officially notified. This formal notice, called "service of process," is a legal requirement that allows you and your spouse to fully participate in the divorce proceedings. But what if direct service is not possible? Can you serve the divorce papers by mail? An experienced Illinois divorce lawyer can help answer these questions and guide you through each step of the service of process.
When Can Divorce Papers Be Served by Mail?
Illinois law generally requires that divorce papers be served in person. A third party, typically a sheriff or a professional process server, directly delivers the papers to the other spouse. However, if personal service is very challenging or completely impossible, the law allows for alternative methods.
In limited circumstances, Illinois courts may allow divorce papers to be served by mail when in-person service is not feasible. However, it is important to note that this option requires court approval and is not the default option.
How to Avoid Common Mistakes in High Asset Divorces
After years of building a successful career, managing investments, and establishing a comfortable lifestyle, it can be difficult to adjust to the sudden change of a high asset divorce. The life you have carefully constructed now sits under a legal microscope. Property, savings, and even the family business are up for division, and each decision made could alter your financial future. Given the immense emotional strain, it is easy for a simple oversight to result in costly consequences.
To avoid these errors, it is important to work with a skilled attorney who will ensure every detail is considered when dividing your assets. An Illinois high net worth divorce lawyer can navigate the financial and emotional challenges of the process and address frequently overlooked issues.
Are You Overlooking Assets During Divorce?
A common mistake in high-asset divorce is failing to account for all marital assets. In Illinois, nearly all assets acquired during the marriage are considered marital property, regardless of whose name is on them. If one spouse was not involved in financial management, they may overlook assets like:
How Does Joint Custody Affect Child Support in Illinois?
When parents go through a divorce, their biggest concern is how the separation will impact their children. They may agree that joint custody is the best arrangement for their children, as it allows both parents to stay involved. As they work through the details, questions about child support quickly arise. How does sharing custody impact the amount of child support owed? What role does each parent's income play in the decision?
Understanding these factors is essential for parents navigating a joint custody arrangement. A skilled Illinois family law attorney can provide guidance in this situation to help fairly allocate financial responsibilities.
What Is Joint Custody?
Joint custody, often referred to as shared parenting, means that both parents have legal responsibility for their child and typically share physical custody. However, joint custody does not always mean equal time with the child. Instead, the court will establish a parenting plan that outlines how much time the child will spend with each parent. The percentage of time each parent has with the child is vital in calculating child support payments.
How Long Does It Take to Get Divorced in Illinois?
Divorce can be a difficult and emotionally charged process, and the most common concern people often have is how long it will take. The length of a divorce can vary depending on a number of factors, including the complexity of the case and whether both parties are in agreement.
In Illinois, the divorce process is governed by state laws that outline specific requirements, like waiting periods and other procedural steps. If you are considering divorce, a knowledgeable family law attorney can help you get a better understanding of the timeline.
What Is the Minimum Waiting Period for Divorce in Illinois?
In Illinois, the law requires a minimum waiting period before a divorce can be finalized. However, this requirement has become more flexible under recent updates to the Illinois Marriage and Dissolution of Marriage Act. If both spouses agree to the divorce, there is no mandatory waiting period, and the process can move forward immediately. If the divorce is contested, meaning one spouse does not agree, a six-month separation is required.
Do I Get Half of My Spouse's 401(k) in a Divorce?
Divorce often involves complex financial matters, especially when it comes to dividing retirement accounts like 401(k)s. Retirement savings accounts typically contain a significant portion of a couple's assets, which makes them a key focus during divorce proceedings. Many people wonder whether they are entitled to half of their spouse's 401(k) or how to divide these accounts. While a simple 50/50 split might seem fair, the division of a 401(k) is more intricate than it may seem. An experienced Illinois divorce attorney can help you understand your rights, negotiate the division of your spouse's 401(k), and ensure you receive your fair share of marital assets, including retirement savings.
Are 401(k) Accounts Considered Marital Property in Illinois?
In Illinois, 401(k) accounts are treated as marital property if contributions were made to it during the marriage. Under state law, marital property includes any assets or income acquired by either spouse during the marriage. This means that any contributions to a 401(k) throughout the marriage are considered marital property and are subject to division during a divorce.
How Is Hidden Cryptocurrency Addressed in Divorce?
As cryptocurrencies become more popular, they are increasingly common in divorce settlements. Hidden assets like Bitcoin, Ethereum, or other digital currencies can create complications during property division. Because of their decentralized and often anonymous nature, cryptocurrencies can make it difficult to determine a person’s true financial status. An Illinois divorce attorney can help you ask the right questions when addressing potential hidden cryptocurrency assets.
What Are Cryptocurrency Assets, and Why Are They Often Hidden?
Cryptocurrency is a digital form of currency that uses cryptography for security, making it challenging to track in comparison to a traditional bank account. Unlike conventional financial assets, cryptocurrencies are stored in digital wallets, often without the oversight of banks or centralized institutions. These relatively anonymous qualities can tempt spouses to hide cryptocurrency assets during divorce proceedings, with the hope that they will not be discovered.
How Does Divorce Affect FAFSA and Financial Aid?
Divorce can significantly alter a family’s financial future, making it difficult to plan ahead for the various needs that will arise. One often overlooked matter is the divorce’s effect on paying for a child’s college education. A once-solidified plan may unravel, leaving families scrambling to adjust to new financial realities. This shift can be overwhelming for parents and students alike, but an Illinois divorce attorney can help you understand how divorce impacts college funding strategies.
What Is FAFSA and Why Is It Important for Divorced Parents?
FAFSA (Free Application for Federal Student Aid) is a form used by the U.S. Department of Education to determine eligibility for federal student aid, which includes grants, work-study, and loans. For divorced parents, it is crucial to understand how FAFSA evaluates parental information. More specifically, only the custodial parent's financial details need to be reported on the form. This can work to the student's advantage if the custodial parent has a lower income, as it may increase their eligibility for need-based aid.
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