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Posted on in Divorce

Illinois divorce attorney, Illinois family lawyer, IL child custody lawyerThe Oscar-nominated movie, Marriage Story, starring Scarlett Johansson and Adam Driver, offers insight and advice regarding marriage and divorce. The film focuses on real-life issues within a relationship and offers teachable lessons for those who are ending their marriages.

The critically-acclaimed film has won rave reviews because of its realistic and often gut-wrenching portrayal of a couple whose love for each other disintegrates into divorce. And just like many real-life couples, the main characters first agree that they will bypass legal battles and have a "friendly divorce," however, both end up hiring divorce attorneys. As the film reveals, even the friendliest of breakups can become contentious and attorneys are needed to make sure the divorce process is as fair as possible for both spouses.

How Divorce Attorneys Make a Difference

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spouse dies during divorce in Illinois, IL divorce attorney, Due to the long-winded nature of many divorces, there are cases where a spouse passes away before the divorce is final. In Illinois, when a party in a divorce dies, the case is dismissed. The court requires two living parties to a divorce, so if only one is alive, there is no divorce.

Additionally, the surviving spouse is not a divorcee, but rather a widow. But what else changes when a spouse dies during divorce?

Division of Marital Assets and Property

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Posted on in Divorce

wkoGoing through a divorce is physically, emotionally, and mentally challenging. Self-esteem may be low, emotions are often running high, and being almost, but not quite yet single, can be exciting. Although there is no Illinois law against dating during a divorce, it can add additional complications and legal issues for you and your new partner. Before you jump into a new relationship pre-divorce, here a few reasons as to why you should consider waiting until the ink is dry on your divorce papers:

  1. Changes or elimination of spousal support or child support may occur. If the judge finds out you are living with your new partner, your spousal support may be affected. If you are the one receiving spousal support payments, the court may find that you no longer need the money because your new partner is supporting you. If you are receiving child support, the extra income coming into your household by your new partner could result in a decrease in your child support payments. If you are the one making spousal or child support payments, the court may find that you have more money available, and order you to pay more.  No matter what side of the coin you are on, your spousal or child support could take a hit.

  2. You have children. Bringing your children around just anyone, especially in the midst of a divorce, is not an easy decision to make. Additionally, new relationships take time, and if you are focusing all your time on your new relationship, your children could notice and be affected by your distance.

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Illinois divorce attorney, Illinois family lawyer, IL child custody lawyerDivorce is a long and demanding process, but can get even more complex for high net worth couples. Unlike traditional divorces, high net worth couples must resolve issues dealing with complex taxation, support obligations, tracing of assets including offshore and international accounts, and valuation of businesses and other properties.

The following factors will help you prepare for what you might experience within your high net worth divorce:

1.    More assets, more to divide. Prior to your divorce, it is important to gather all tax (tax returns, W-9’s, I-9’s), financial, and property/asset documentation regardless of your knowledge on the subject. Documents tend to get lost after the divorce has already been filed, making this process more difficult and could put you at a disadvantage in divorce negotiations.

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Illinois child support attorney, Illinois family law attorney, Illinois divorce lawyer,In July 2017, a revision to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) went into effect, completely redefining the way child support is calculated when parents divorce. Gone is the simple method of the past, in which the amount of support was based only on the income of the paying parent and the number of children being supported. Illinois now uses an “income sharing” model which considers the combined income of both parents and divides support between parents based on what percentage each parent contributes to the combined income.

Child Support in Cases of Shared Physical Care

When determining child support under the new law, courts will use tables provided by the Illinois Department of Healthcare and Family Services (HFS) to determine the amount that parents would have spent to support their children had they not divorced, then this amount will be divided between the parents based on each parent’s percentage share of their combined income. However, in cases of shared physical care, additional calculations are required to further divide the support obligation between the parents based on the amount of parenting time each parent has with their children.

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