After securing an attorney to handle your divorce, the divorce officially begins when either you or your spouse files a dissolution of marriage petition with the court in the county where one or both parties reside marking the legal start date of the divorce. The spouse who files the petition or complaint is the plaintiff…Read More
Possession of Marital Home During Divorce
When marriages break down spouses might find themselves in a standoff over who will remain in the home, which can be especially difficult if there are children involved. In cases where spouses cannot agree on how property will be divided during the divorce process, one spouse can ask the court for temporary orders to obtain…Read More
Filing Bankruptcy Before or After a Divorce
Couples that are considering divorce may also be weighing bankruptcy protection to tackle a difficult financial situation. Many wonder if it is better to file before or after the divorce. First consider that getting tangled up in a bankruptcy proceeding during a divorce can delay the distribution of marital assets and liabilities until the filing…Read More
New Tax Law Impacts Keeping the Family Home in a Divorce
The recently enacted tax law, effective January 1, 2019, will have a number of impacts on divorcing couples. The new tax law not only eliminates the tax deductible allowance of spousal maintenance for payers, but will also have implications on the valuation of closely held businesses and property tax deductions. Alimony Under the New Tax Law…Read More
Quit Claim Deed in a Divorce
When couples divorce, they may wish to sell the family home and split the proceeds. Other times, one spouse may wish to stay in the home while the other moves out. In the latter case, divorcing couples may use a quit claim deed to fulfill the requirements of property division in a divorce. A quit…Read More
Look at Big Picture When Determining Alimony
Men and women are closing the gender gap when it comes to education and earnings, making permanent alimony rare. However, some circumstances may justify long-term spousal maintenance. Among the factors considered for a favorable alimony ruling are lengthy marriages, age and health of the parties, and income earning potential. These may be considered as single…Read More
Post-Holiday Divorce Meet Google Search
In the world of Google search, it is not surprising that “diet” searches rise with the New Year. Health resolutions kick in and people hit the gym with renewed enthusiasm. Even more interesting is the significant rise in the number of people searching “divorce” in the 10 days following Christmas. Taking a closer look at…Read More
The Devil is in the Details…Financial Affidavits Matter in Property Division
Divorce can be an exhausting, emotional process. There are many things to consider, particularly in the area of property division. In all contested divorces (and a number of uncontested) divorces, couples are required to complete a financial affidavit formally detailing their income, expenses, assets, debts or liabilities to inform the court in the matter of…Read More
Prenuptial Agreements Trump Indecision
Most couples are reluctant to broach the idea of a prenuptial agreement, not wanting to discuss a possible end to a marriage that is just getting started. However, in reality, a prenuptial agreement is inescapable. Either you and your spouse thoughtfully compose a prenuptial agreement together OR you are at the mercy of the one…Read More
Illinois could see changes to spousal maintenance laws
A proposed bill would change the laws about spousal maintenance awards, creating a formula for determining the amount and length of awards. In May 2014, the Illinois legislature passed a bill that would reform the state’s spousal maintenance laws. The bill is awaiting the governor’s signature. If the bill becomes law, it would take effect…Read More
