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Recent Blog Posts
What Can I Do If My Ex Thinks Spousal Support is Revenge?
It is a myth that spousal support is a form of revenge. It is not about one spouse penalizing the other for past mistakes such as infidelity. Instead, it is determined by a couple's financial situation and needs. This holds significant weight, especially for women facing a midlife divorce. Research reveals that women are more likely to live below the federal poverty line compared to men. The harsh reality is that women still often earn less than men, and this earnings gap often widens as they age. You need a skilled Illinois divorce attorney to advocate for your long-term needs and ensure that spousal support is handled fairly in your divorce.
What Should Be Considered When Asking for Spousal Support?
Recent trends reveal a rising number of men and women in long-term marriages choosing to call it quits. Unfortunately, the financial repercussions tend to hit women the hardest, often resulting in a 45 percent decrease in their standard of living.
How Can I Request a Child Support Increase?
Rising costs in Illinois after COVID-19 have strained many people, making it tough to manage finances. Amid labor shortages, some employers boosted pay to keep employees. If you suspect your ex received a substantial raise, you can petition the court to reassess child support payments. If you have custody of your children and need increased child support to cover added expenses, consult an Illinois attorney for guidance on modifying your support order.
What Is the Process to Change a Child Support Order?
Child support is typically paid to the parent who is awarded the most parenting time and with whom the child lives. The non-residential parent is the one who pays child support. Under Illinois law, if you want to change the amount of money you pay or receive for child support, there is a legal process you must follow. You need to prove to the court that there has been a significant change in your circumstances that justifies adjusting the child support payments. This legal adjustment is often called a modification.
Are Divorces Easier with a History of Domestic Violence?
You may believe that getting a divorce should be straightforward if you are in an abusive relationship and want to break free. In Illinois, one out of every three women is in an abusive relationship, including physical harm to emotional abuse. Unfortunately, getting a divorce in Illinois is not necessarily easier if there is a history of domestic violence. However, the presence of domestic abuse can significantly influence other aspects of the divorce process, especially child custody. Only an experienced Illinois attorney can help you understand the process.
What is a No-Fault Divorce?
Illinois follows a no-fault divorce system, which means neither spouse can blame the other for calling it quits. Factors like physical or mental cruelty, adultery, or even issues like alcohol abuse can no longer be used as reasons to seek a divorce. In order to file for a no-fault divorce in Illinois, you will need to demonstrate these three key elements:
Is Mediation During My Divorce Right for Me?
If you want to dodge the courtroom drama, mediation during a divorce could be a game-changer. Instead of fighting in court, a mediator will step in to help you and your soon-to-be ex settle your differences quickly. You will be able to address everything from child custody to property division. A mediation attorney in Illinois can make a complicated divorce process smoother and ensure your agreements meet legal requirements.
What is Mediation?
Under the Uniform Mediation Act couples can talk with a neutral person who is not on anyone's side to work out their problems instead of going to court. In many cases, the court will ask a couple to go through mediation first.
The process of mediation is a helpful way to solve problems in many legal situations, but it is especially useful in family law cases like divorce. Here is why:
What are the Consequences of Hiding Assets in a Divorce?
Divorce is often a complex and emotionally charged process, especially when financial matters come into play. The division of marital assets is a critical aspect of divorce proceedings. Illinois law mandates that both spouses provide complete and accurate financial disclosure. Unfortunately, some individuals may attempt to conceal or hide assets to gain a financial advantage during the divorce. However, the consequences of such actions can be severe and far-reaching. Suppose you suspect your spouse is trying to hide assets in your divorce. In that case, it's imperative to consult with your St. Charles high asset divorce attorney as soon as possible.
Legal Obligation of Full Financial Disclosure
In Illinois, spouses have a legal duty to provide complete and honest financial information during divorce proceedings. This disclosure is essential for ensuring an equitable distribution of marital property and spousal support arrangements. Both parties must provide a comprehensive list of all assets, liabilities, income, expenses, and financial documents. Attempting to hide assets or misrepresent financial information breaches this legal obligation and can have serious repercussions.
How Can I Adopt My Stepchild in Illinois?
A person does not need to be a blood relative of a child in order to love and care about him or her. If you married someone who already had a child, it is possible that you have spent a great deal of time getting to know the child and providing for his or her needs. You may even think of the child as if he or she was your own biological offspring. If this situation describes you, you may be wondering what it takes to adopt your stepchild. Stepparent adoptions can sometimes be complicated personally as well as legally. This is why it is a good idea to work with a skilled Illinois stepparent adoption lawyer who has experience handling stepparent adoption cases.
Stepparent Adoption Criteria
Stepparent adoption is a significantly different process than other types of adoption. In many cases, an investigation by the Department of Children and Family Services or background check is not required. In order to qualify for a stepparent adoption, the following criteria must be met:
Legal Considerations for Life After Divorce in Illinois
Divorce can be an emotionally challenging and life-altering experience. As you navigate the process and move forward with life after divorce in Illinois, it's essential to be aware of the legal considerations that can significantly impact your future. From financial matters to child custody arrangements, understanding your rights and obligations is crucial. When you work closely with an experienced St. Charles divorce attorney, they can help you explore the essential legal considerations for life after divorce.
Property Division and Asset Management
In Illinois, the division of property during a divorce follows the principle of equitable distribution. This means that marital assets are divided fairly but not necessarily equally. Reviewing the final divorce decree is essential to ensure that all property settlements are accurately reflected.
How Does Mediation Work in Illinois?
No two divorces are the same. Each spouse and marriage are unique, with different issues to resolve. Some divorcing couples can work out agreements amicably, while many others are not able to speak to each other and rely on an experienced St. Charles mediation attorney to assist them in reaching their goals for their divorce and their future. At Shaw Sanders, P.C., we can help you no matter what type of divorce you are seeking and even if you choose to utilize mediation.
Contested vs. Uncontested Divorces
In an uncontested divorce, the couple agrees on the terms of their parting, their children, their debts and assets, as well as alimony and child support. Because of their agreement, there is no need to have hearings, negotiations, or court procedures. Even though this type of divorce is usually straightforward, it’s still essential that you hire a St. Charles mediation attorney to represent your interests.
3 Things to Know about High-Income Child Support in Illinois
High-income child support cases are situations where one or both parents earn a substantial income that exceeds the guidelines set in state laws. In these situations, the court agrees to deviate from standard regulations to accommodate a high income family's unique needs and lifestyle. This article explores different aspects of these complex cases and their outcomes.
Calculating High-Income Child Support
Under usual circumstances, Illinois courts adopt a formulaic approach to determine child support payment amount.
The court uses an income-share model, where the final amount is based on how many nights a child stays at each parent’s house. This number is multiplied by the number of children one party has in this or another relationship. The state uses these regulations to ensure every child of a divorce receives a quality life through financial support offered by the parents.
The Role of Social Media in Divorce Cases
When going through a divorce, it is crucial to recognize the significant impact your social media activity can have on the outcome of your case. Opposing counsel will undoubtedly delve into your private life, including interactions on social media and online communications with friends and family. Any missteps in this realm can potentially give your soon-to-be-ex spouse an advantage, particularly in high asset divorce cases.
Impacting Your Credibility
In a contentious divorce, one party may attempt to portray the other as immoral or untrustworthy. Social media posts can be used as evidence to support such claims. For example, if you claim financial hardship to avoid spousal maintenance, but then post pictures of extravagant parties on luxury items and lavish spending, it can seriously undermine your credibility and weaken your position during negotiations.
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