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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.
When is Legal Separation Preferable to a Divorce?
When things are not working out in a marriage, the first resolution people tend to think of is divorce. While divorce is often the best way forward for many couples, other couples might give consideration to legal separation, which has many of the same considerations of a divorce such as alimony and child custody without officially ending the marriage.
Depending on your circumstances, you may find that legal separation is a preferable alternative to divorce. A compassionate St. Charles, IL family law attorney can help you with a legal separation, giving you the privacy and space you need to move on with your life. At Shaw Sanders, P.C., our attorneys are ready to help you wherever you are in your marriage.
Social Reasons
A divorce can come with much unwanted attention from both sides of the family. With a legal separation, you may be able to enjoy a greater degree of privacy than a divorce. In a legal separation, you are still considered to be married to your spouse, which can help you avoid uncomfortable questions.
What Counts as Marital Property in Illinois?
The ambiguity around what is and is not marital property in an Illinois divorce can be a major headache. Frequently, you will not find hard and fast rules as often as subjective rulings on a case-by-case basis. However, this does not mean that there is no way to anticipate how your property will be categorized and split up in a divorce.
A St. Charles, IL divorce lawyer can provide you with valuable counsel during the dissolution of a marriage. At Shaw Sanders, P.C., we have extensive experience in and out of the courtroom, giving clients a sense of clarity around issues of property division while representing their best interests. We can help you distinguish between marital and non-marital property, clearing up any doubts during negotiation. Here are some initial questions to ask as you start to determine what is yours.
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