Tag Archive for: asset division

Why You Need a DuPage Divorce Attorney: A Guide to Divorce in DuPage County

A DuPage divorce attorney is more than just a legal advocate—they’re a trusted guide through one of life’s most challenging transitions. Divorce involves complex emotional and financial changes, and in DuPage County, having an attorney with local experience can make a significant difference.

Situated in the vibrant western suburbs of Chicago, DuPage County is among Illinois’s most populated areas. Known for its diverse communities, strong economy, and top-rated schools, the stakes are high, especially in such a dynamic area. Having a divorce attorney who understands the DuPage County court system and local community values is invaluable.

In this blog, we’ll explore how a DuPage divorce attorney can offer crucial support at every stage of the divorce process. From understanding the local legal landscape to finding the right representation for your unique situation, our team is here to guide you.DuPage Divorce Attorney

Shifting Marriage Trends and Divorce in DuPage County

Marriage rates have fluctuated across generations, impacting divorce trends and family law. Here’s a look at how marriage and divorce dynamics have evolved (Pew Research):

  • Baby Boomers: 68% were married between ages 18-32, the second-highest rate behind the Silent Generation’s peak of 85%.
  • Generation X: 66% were married by age 32, reflecting a slight decline.
  • Millennials and Gen Z: These younger generations have lower marriage rates. As of 2019, only 55% of Millennials were married by 32, and just 8% of Gen Z.

Understanding these generational shifts helps DuPage divorce attorneys cater to the specific needs of each client. Whether you’re a Baby Boomer facing a complex divorce or a younger individual with unique priorities, an experienced divorce attorney in DuPage County can tailor their approach to best support your situation.

Choosing an Experienced DuPage Divorce Attorney

One of the most critical roles of a DuPage divorce attorney is to provide clear, insightful legal guidance. With a comprehensive understanding of Illinois divorce laws, they help you understand your rights and responsibilities. Whether your divorce is cooperative or contentious, having an attorney who knows the ins and outs of DuPage County divorce law can be invaluable.

Divorce is emotionally challenging, often making it difficult to make sound decisions. An experienced attorney provides objective advice, focusing on your long-term goals. They can assist by prioritizing key aspects such as property division, parental responsibilities, and spousal support to ensure your interests are protected.

Mediation and Alternative Dispute Resolution (ADR) in DuPage County

Best DuPage Divorce Attorney

Many divorces in DuPage County can be resolved outside the courtroom through mediation or alternative dispute resolution (ADR). Mediation involves a neutral third party helping both spouses communicate and negotiate a fair agreement, often reducing the emotional and financial strain of a traditional trial.

DuPage County offers court-approved mediation services, allowing couples to settle their differences without going to court. A DuPage divorce attorney experienced in ADR can increase the likelihood of a successful negotiation, saving you time, costs, and stress.

Understanding Asset Division and Alimony in Illinois Divorce Cases

Asset division and alimony are major components of divorce. Illinois follows an “equitable distribution” model rather than a 50/50 split, which focuses on fairness rather than equality. Determining a fair division of assets can be complex, especially in high-asset divorces. Factors that influence asset division include:

  • Property Ownership: Marital property, which includes assets acquired during marriage, is subject to division, while separate property (acquired before marriage or through inheritance) is typically exempt.
  • Duration of Marriage: Longer marriages may lead to a more balanced division of assets.
  • Parental Responsibilities: Child custody and parental responsibilities impact each spouse’s financial obligations and may influence asset division.
  • Future Needs: The court considers each spouse’s financial needs, which can affect alimony and asset division decisions.

Navigating this process can be challenging, but a skilled DuPage divorce attorney can help protect your rights during asset division in Illinois.

Support for Parental Responsibilities and Parenting Time

Allocation of parental responsibilities and parenting time (custody) is often one of the most emotionally charged aspects of divorce cases. DuPage County follows Illinois standards for determining these factors, but the county places a strong emphasis on mediation and co-parenting solutions. A DuPage divorce attorney can guide you through this process, prioritizing the needs of your children.

If a parenting evaluation is required, local knowledge is essential. An experienced attorney can help you navigate co-parenting requirements and develop a comprehensive parenting plan.

Why Choose Masters Law Group as Your DuPage Divorce Attorney

Best DuPage Divorce Attorney

If you’re looking for experienced divorce attorneys in DuPage County, Masters Law Group is here to help. We provide legal representation with a client-centered approach, offering:

  • Family Law Expertise: Our attorneys excel in divorce and family law cases, bringing a wealth of knowledge to each unique situation.
  • Personalized Communication: Every client’s needs are unique. We prioritize compassionate, clear communication throughout the process.
  • Local Insight and Reputation: With a strong reputation in DuPage County, our attorneys are familiar with local court procedures and community connections, giving you a distinct advantage.
  • Customized Strategies: Every case is different. We work with you to create a strategy that fits your needs, whether through negotiation, mediation, or litigation.

Moving Forward with the Right Legal Support

Divorce requires a knowledgeable, empathetic attorney who can offer tailored support. Masters Law Group is dedicated to assisting clients in DuPage County with their family law needs, offering expert guidance at every step.

Contact us today to schedule your complimentary consultation.


Frequently Asked Questions About Working with a DuPage Divorce Attorney

What does a DuPage divorce attorney do?
A DuPage divorce attorney helps clients through the complexities of divorce, including property division, alimony, child custody, and mediation. Their local knowledge of DuPage County court procedures provides added value and guidance.

Why should I choose a local DuPage divorce attorney?
Working with a local attorney familiar with the DuPage County legal system and resources like court-approved mediation can improve your chances of a smooth divorce process. Local attorneys understand the community’s values and nuances.

How does equitable distribution work in Illinois?
Illinois follows equitable distribution, which means assets are divided fairly rather than equally. Courts consider factors such as marriage length, property ownership, and future financial needs to determine a fair distribution.

Can a DuPage divorce attorney assist with mediation?
Yes, many DuPage divorce attorneys are skilled in mediation and alternative dispute resolution (ADR), helping couples avoid the emotional and financial costs of a trial by reaching agreements outside of court.

How can a DuPage divorce attorney help with child custody?
A DuPage divorce attorney assists with the allocation of parental responsibilities and parenting time. They can guide you through the co-parenting requirements in Illinois, ensuring a parenting plan that considers the children’s best interests.


Disclaimer: The information provided in this blog is for informational purposes only and does not constitute legal advice. Every divorce case is unique, and legal outcomes can vary based on individual circumstances. Consult a qualified DuPage divorce attorney for specific advice tailored to your situation. Reading this blog does not create an attorney-client relationship with Masters Law Group.

Chicago Divorce Lawyer: Answering Your FAQs

With the U.S. ranking 10th in the highest divorce rates worldwide, many couples may find themselves navigating this complex process. Divorce laws in Illinois have specific considerations that require careful attention to ensure your rights are protected and the process moves as smoothly as possible.

Whether you are just beginning to think about divorce or are already in the middle of the proceedings, understanding the legal landscape can make a significant difference in the outcome of your case. In this blog, we’ll answer some of the most frequently asked questions about divorce in Chicago, helping you better understand what to expect during this challenging time.

1. What Are the Grounds for Divorce in Chicago?

In Illinois, the sole grounds for divorce are irreconcilable differences. This legal term means the marriage is no longer working and cannot be repaired. One of the key benefits of this system is that you don’t need to prove specific reasons for the breakdown of the marriage, such as infidelity or domestic abuse, to obtain a divorce. Instead, Illinois law allows couples to end their marriage without assigning fault to either party, making the process less contentious.

Since Illinois became a no-fault divorce state in 2016, proving wrongdoing is no longer a requirement for divorce. To file, at least one spouse must have lived in Illinois for at least 90 days. Additionally, if you and your spouse have been living apart for six months or more, the court will automatically presume irreconcilable differences, further simplifying the process.

2. What Is the Process of Filing for Divorce in Chicago?

The divorce process in Illinois starts with filing a Petition for Dissolution of Marriage in the appropriate court. One spouse (the petitioner) files the petition, and the other spouse (the respondent) is served with divorce papers. Here’s a breakdown of the divorce process in Chicago:

  • Step 1: Filing the Petition: The petitioner files and pays a filing fee.
  • Step 2: Serving the Petition: The respondent receives the divorce papers.
  • Step 3: Response: The respondent files an answer to the petition, agreeing or contesting the terms.
  • Step 4: Discovery: Both parties exchange financial information and other relevant documents.
  • Step 5: Negotiations: The parties may negotiate a settlement regarding asset division, spousal support, child custody, etc.
  • Step 6: Trial: If an agreement cannot be reached, the case goes to trial, where a judge makes final decisions.

3. How Are Assets Divided in a Chicago Divorce?

Illinois follows the principle of equitable distribution when dividing marital property. Equitable doesn’t necessarily mean equal, but rather what is fair based on several factors, such as:

  • Length of the marriage.
  • Each spouse’s financial contributions and needs.
  • Value of non-marital property.
  • Any agreements between the spouses, such as a prenuptial agreement.

Understanding the distinction between marital and separate property is key. The marital property encompasses assets acquired during the marriage, regardless of which spouse’s name is on the title. This includes income earned, real estate purchased, and investments made during the marriage. Marital property is generally subject to division between the spouses during divorce proceedings.

In contrast, the separate property comprises assets acquired before the marriage or received as gifts or inheritances during the marriage but designated as separate. These assets typically remain with the individual who owns them and are not subject to division. Recognizing and understanding the differences between the two is crucial for a fair and equitable distribution of assets during the divorce process. Working alongside a divorce attorney can help you protect your rights and interests.

4. How Are Parental Responsibilities Determined in Chicago?

Child custody, referred to as parental responsibilities in Illinois, is one of the most challenging aspects of a divorce. The courts prioritize the child’s best interests when making their determinations, considering factors such as:

  • The child’s relationship with each parent.
  • The child’s adjustment to their home, school, and community.
  • Each parent’s ability to provide for the child’s needs.
  • The child’s wishes, depending on their age and maturity.

Illinois law encourages both parents to share in parental responsibilities whenever possible. A parenting plan must be submitted either jointly by both parents or individually, outlining decisions regarding the child’s education, health care, religion, and living arrangements.

5. What Is Spousal Support (Alimony) in Chicago?

Spousal support, or maintenance as it’s called in Illinois, is not automatic in every divorce. The court considers several factors when deciding whether to award maintenance, including:

  • The length of the marriage.
  • The financial resources of each spouse.
  • Each spouse’s earning capacity and needs.
  • The standard of living is established during the marriage.

In longer marriages or when one spouse has sacrificed career opportunities to support the family, spousal support may be more likely. The amount and duration of maintenance are calculated based on state guidelines. For marriages lasting 20 years or more, spousal support can be awarded indefinitely.

6. Can a Divorce Be Settled Outside of Court?

Many divorces are resolved through alternative dispute resolution (ADR) methods such as mediation or collaborative divorce. These approaches allow couples to settle their differences without needing a courtroom trial.

Mediation involves a neutral third party who facilitates discussions between both spouses, helping them negotiate and reach an agreement on the terms of their divorce. Collaborative divorce is a process where each spouse works closely with their attorneys to negotiate and settle matters cooperatively. These methods can be especially beneficial when children are involved, as they often lead to more amicable solutions that prioritize the entire family’s well-being.

Divorce attorneys may encourage couples to pursue ADR because it fosters better communication and cooperation. It also helps create a more constructive and less adversarial environment for resolving key issues such as asset division, spousal support, and parental responsibilities.

7. How Long Does It Take to Get Divorced in Chicago?

The duration of a divorce in Chicago can vary significantly based on several key factors. Understanding these factors can help set realistic expectations during this challenging time:

Overall, while uncontested divorces may wrap up within a few months, contested divorces can take six months to over a year to finalize. It’s essential to consult with an experienced divorce attorney to understand your situation and the potential timeline for your divorce in Chicago.

Why Should I Work With a Chicago Divorce Lawyer?

While it is possible to represent yourself in a divorce, it can be risky, especially if the case involves complex financial assets or spousal support. Consulting with an experienced Chicago divorce attorney is essential to help protect your rights. At Masters Law Group, our skilled divorce and mediation attorneys are fully equipped to advocate for you and your family. Here’s how we can help:

  • Experienced Mediators: Erin E. Masters is an approved Mediator for the Cook County Domestic Relations Division and provides private mediation services. Our mediation team has extensive experience in family law and excels at facilitating productive discussions between divorcing spouses, helping them reach amicable resolutions.
  • Seasoned Litigators: When your case requires courtroom representation, a skilled litigator from our firm will effectively present your case before the judge. We meticulously prepare legal arguments, gather evidence, and develop strategies to help ensure the most favorable outcome for you.
  • Conflict Resolution: Our attorneys strive to achieve conflict resolution, focusing on finding peaceful, fair solutions for both parties while prioritizing the well-being of any children involved.
  • Protecting Your Interests: At Masters Law Group, we help protect your legal rights and children’s best interests throughout the divorce process.

Our senior attorneys, Erin E. Masters, and Anthony G. Joseph, are recognized leaders in the field, having been honored by respected publications, including Best Lawyers, Super Lawyers, and Leading Lawyers. This highly esteemed recognition provides you with trustworthy guidance during your divorce process.

Final Thoughts

Divorce is never easy, but having a clear understanding of the legal process can help reduce the stress, uncertainty, and emotional toll. At Masters Law Group, we approach each case with personalized care, helping you be supported and informed at every stage.

With our deep knowledge of Illinois family law and a commitment to compassionate representation, our goal is to help you navigate your divorce as smoothly as possible. Contact us today to schedule your complimentary consultation and learn how we can assist you.

Navigating The Nuances of LGBTQ+ Divorce in Illinois

The end of a marriage is always challenging for the couple involved, and the impact on family members can be significant. This holds true for those in LGBTQ+ marriages as well. If you’re going through a divorce, striving for an amicable resolution is crucial.

Same-sex marriage became legal in Illinois on June 1, 2014, thanks to the Illinois Religious Freedom and Marriage Fairness Act signed by Governor Pat Quinn on November 20, 2013. This law also allowed civil unions in Illinois to be converted to marriages within a year. 

However, despite these strides, LGBTQ+ couples encounter unique complexities in divorce, including legal nuances and emotional hurdles. Support and guidance from a skilled divorce attorney are crucial to help navigate divorce effectively. Here’s what you need to know.

Understanding LGBTQ+ Divorce in Illinois

Navigating a gay divorce involves grappling with legal frameworks that may still be evolving in some jurisdictions. While marriage equality is recognized in many places, the intricacies of divorce laws can vary widely. Moreover, dealing with societal attitudes and biases can add stress to an already challenging situation.

In Illinois, same-sex couples seeking a divorce must adhere to specific criteria. Firstly, they must be legally married. Additionally, they must fulfill the 90-day residency requirement and file for divorce in their county. Irreconcilable differences serve as the primary grounds for divorce, as is the case for all couples in the state. The divorce proceedings typically encompass a blend of out-of-court negotiations, courtroom litigation, and mediation sessions.

Given the intricate nature of divorce proceedings, same-sex couples should seek the guidance of a divorce attorney well-versed in the nuances of same-sex divorce. Getting the help you need will not only help ensure adherence to legal procedures and provide valuable resources for emotional support throughout the process.

Understanding Illinois Asset Division

Asset division can be contentious in any divorce, including for LGBTQ+ couples. Illinois Asset division divides marital property and debts between spouses fairly and equitably. It’s essential to understand that the goal is not necessarily to divide everything equally but rather fairly, considering the unique circumstances of the marriage. Here’s how it works:

  1. Contribution to the Marriage: The court looks at what each spouse brought to the marriage regarding money and non-money contributions like caring for the home or children.
  2. Duration of the Marriage: How long the marriage lasted matters, as it can affect how assets are divided.
  3. Economic Circumstances: Each spouse’s financial situation, including income and needs, is considered.
  4. Non-Marital Property: Things owned before marriage or received as gifts or inheritance during marriage may not be split.
  5. Custodial Arrangements: If there are kids, the court looks at the allocation of parental responsibilities and how it impacts finances.
  6. Spousal Support (Alimony): Whether one spouse needs support payments is factored in.
  7. Tax Consequences: Taxes resulting from asset division are considered to make things fair.
  8. Wasteful Dissipation: If one spouse recklessly spends or wastes money, it can affect the division.
  9. Future Needs: The court considers what each person will need, especially if one is in a tougher spot after the divorce.
  10. Agreements: Any agreements made before or during the marriage, like prenups, are considered if they meet legal standards.

A skilled divorce attorney can help prioritize your best interest regarding asset division. It’s important to note that equitable distribution doesn’t always mean a perfect 50/50 split. It’s about creating a fair and just arrangement based on each family’s unique situation. This process can be tricky, so it’s a good idea to work with a skilled family law attorney to help ensure your rights are protected during asset division in Illinois.

Allocation of Parental Responsibilities

In Illinois, same-sex couples enjoy equal rights to opposite-sex couples concerning the allocation of parental responsibilities and divorce. However, there are distinct legal considerations that LGBTQ+ couples may encounter during divorce. This includes the following: 

  1. The child is born while the spouses are married to each other.
  2. The child is born after the marriage is terminated. It must be within 300 days after that termination.
  3. In the first two situations, the couple attempted to enter into a marriage or civil union “in apparent compliance with the law.” However, that marriage or union is later terminated or declared invalid for some reason.
  4. A person marries the birth mother after the child is born and consents to being added to the birth certificate.

Additionally, the court may evaluate if one parent is unwilling or unable to engage in co-parenting, potentially leading to a sole parental determination. The law encourages parents to collaborate on crucial child welfare decisions, including education, healthcare, religion, and extracurricular activities. Courts prefer shared responsibility between parents and may allocate it to one if necessary. If parents fail to reach an agreement on a parenting plan, a judge may employ the same criteria utilized in opposite-sex couples’ divorces to decide parental responsibilities.

A skilled divorce attorney can effectively advocate for the children’s best interests while nurturing a positive co-parenting dynamic.

Emotional Support and Healing

Beyond the legal intricacies, the emotional toll of divorce can be profound. For LGBTQ+ individuals, facing the end of a relationship can evoke a wide array of emotions, including feelings of isolation, rejection, and uncertainty about the future. It’s essential to prioritize self-care during this challenging time. Here are some tips for navigating the emotional journey of divorce:

  • Seek Support: Contact friends, family, or mental health professionals for emotional support and guidance.
  • Participate in LGBTQ+-Friendly Support Groups: Joining support groups or therapy sessions tailored to the LGBTQ+ community can provide a safe and understanding space to process emotions.
  • Practice Self-Care: Take time to engage in activities promoting relaxation, mindfulness, and self-reflection.
  • Be Gentle with Yourself: Understand that it’s normal to experience a range of emotions during this time, and it’s okay to give yourself permission to feel and heal at your own pace.
  • Focus on Personal Growth: Use this opportunity for self-discovery and personal growth. Explore new interests, hobbies, or goals that bring fulfillment and joy.

Taking proactive steps to address emotional well-being is crucial for navigating the challenges of divorce and emerging stronger on the other side.

Getting The Help You Need

One of the first steps in navigating the nuances of an LGBTQ+ divorce is seeking the guidance of a knowledgeable divorce attorney. Masters Law Group understands that divorce is a stressful situation and that our clients want to move on with their lives. We empower you to make informed decisions and strive for an outcome that supports your best interests and your family’s.

As such, we move through settlement negotiations, mediation, or litigation with our client’s assurance and well-being in mind. Whether you are facing an LGBTQ+ contested divorce, uncontested divorce, or civil union divorce, our firm’s divorce attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.

Final Thoughts

As we close out Pride Month, Masters Law Group reaffirms its commitment to supporting all members of the LGBTQ+ community, including those navigating divorce. By fostering empathy and understanding, we can help LGBTQ+ individuals emerge from divorce stronger and ready to embrace new beginnings. You don’t have to navigate this journey alone. With the guidance of our compassionate divorce attorneys and a supportive community, healing and closure are within reach. 

Contact us today to schedule your complimentary consultation.

Divorce In The Forces: PTSD

As we observe Military Appreciation Month this May, it’s essential to acknowledge the challenges faced by military families, particularly when it comes to issues like mental health problems and navigating divorce.

While at its core, military divorce shares common legal aspects with civilian divorces, complexities arise with military pensions, child custody arrangements, and other family law matters, often causing tensions between the separating spouses. Moreover, when mental health challenges such as depression and PTSD, prevalent among military personnel, are factored in, navigating this emotionally fraught journey becomes even more delicate and intricate.

Mental Health in The Military

The lifestyle of military families and the multiple stressors that military partners face can lead to anxiety as well as major depressive disorder. It is important to be aware of such where there’s anxiety; you may also find major depressive disorder.

According to the U.S. Department of Veteran Affairs, 7 out of every 100 Veterans (or 7%) will have PTSD. In the general population, 6 out of every 100 adults (or 6%) will have PTSD in their lifetime. PTSD is also more common among female Veterans (13 out of 100, or 13%) versus male Veterans (6 out of 100, or 6%). We are learning more about transgender Veterans and those who do not identify as male or female (non-binary). PTSD can affect how couples get along with each other. It can also directly affect the mental health of partners.

A subsequent study by Combat Stress asked veterans’ partners about their experiences of living with someone with PTSD. The results showed that partners face challenges, including inequality in their relationship, loss of their own identity, living in a volatile environment, and emotional distress and isolation.

Understanding Post-Traumatic Stress Disorder (PTSD) and Divorce

PTSD is a mental health condition that can arise following exposure to or witnessing a traumatic event. The impact of PTSD can reverberate throughout every facet of a relationship, manifesting in communication breakdowns and even violent outbursts. Common symptoms may include flashbacks, nightmares, severe anxiety, and uncontrollable thoughts about an event. 

According to the National Vietnam Veterans Readjustment Study (NVVRS), Veterans with PTSD exhibit a higher likelihood of experiencing marital difficulties. The study revealed that Veterans with PTSD:

  • Are twice as likely to undergo divorce.
  • Are three times more prone to multiple divorces.
  • Tend to have shorter-lasting relationships.

It’s crucial to understand that these symptoms stem not from choice or weakness but from profound psychological trauma. If you are a spouse navigating a partner’s PTSD, patience, compassion, and education are paramount. Let’s explore some tips for navigating PTSD and divorce.

If you need support, you can:

Navigating PTSD & Divorce

Navigating divorce with a military spouse requires a delicate balance of empathy, understanding, and practical support. Understanding what your spouse is going through can help you respond with compassion. While being supportive is important, setting boundaries to protect your well-being is also essential. Make it clear what behavior is acceptable and what is not, and be prepared to enforce those boundaries if necessary.

While these strategies can help manage the challenges of divorce with a spouse with PTSD and other mental health issues, there may come a point where professional help is necessary. Here are some signs that it may be time to seek professional help:

  • Escalating Conflict: If conflicts with your spouse are becoming more frequent or intense, and attempts to resolve them have been unsuccessful, it may be time to involve a professional mediator or divorce attorney.
  • Safety Concerns: If you or your children feel unsafe or threatened by your spouse’s behavior, it’s essential to take steps to protect yourselves, which may include seeking a protective order or filing for divorce.
  • Lack of Progress: If your spouse is unwilling or unable to seek treatment for their PTSD, or if their symptoms are not improving despite treatment, it may be time to involve a mediator or divorce attorney.

Recognizing the right time to seek assistance from a divorce attorney is essential. It’s crucial to work with a divorce attorney who has experience in handling cases involving military families and comprehends the intricacies of PTSD.

What You’ll Need To File A Divorce

If you’re a military family, there are some limitations on what you can do regarding filing for divorce. When couples find themselves struggling to resolve conflict, and divorce seems like more and more of a reality, many parents question whether or not they should stay or pursue separation. Often, the best way to approach possible psychological issues in a military divorce is the same way they should be approached in every divorce, albeit with some unique additions.

The Federal Service Members Civil Relief Act of 2003 requires a person seeking a divorce to state their spouse is not a member of the U.S. armed forces. This rule prevents spouses from divorcing military members who could not attend divorce proceedings.

If your spouse is a member of the military, you can pursue a divorce as long as they consent. However, they have to sign a defendant’s affidavit of consent. Even though there are a few added rules regarding the military divorce process, the remaining process is similar to civilian divorce. You will still need to agree on the following:

In many cases, you can file for a no-fault divorce (Illinois is a No-Fault Divorce State) if you and your spouse agree on the terms of your divorce. If not, however, an experienced divorce lawyer can help mediate your dispute and draft a settlement agreement. 

How a Divorce Attorney Can Help

We understand that military life can be difficult for families, especially when divorce is involved. At Masters Law Group, we consider all aspects of military life when working with our clients during their divorces. Here are some areas where we can help guide you:

  • Parenting Plans: If you have children, it’s essential to work closely with your attorney to determine the most suitable arrangements for allocating parental responsibilities and visitation. We aim to help create arrangements that prioritize your children’s well-being and best interests.
  • Mediation and Alternative Dispute Resolution: We encourage exploring options like mediation and collaborative divorce, which can facilitate mutually beneficial agreements outside the courtroom. Our family law attorneys will skillfully guide you through these processes, representing your interests and helping you secure a smoother negotiation experience.
  • Post-Divorce Modifications: Life can bring unexpected changes even after the divorce is finalized. Circumstances may arise that require modifications to parental responsibilities, visitation, or support arrangements. Our attorneys are here to assist you in addressing these changes promptly and effectively, helping protect your rights and the interests of your children.

Working with a divorce attorney can help you confidently navigate the complexities of divorce and help reduce stress. Your rights and the well-being of your family are our top priorities.

Final Thoughts

PTSD, depression, and divorce can be a match made in hell. If you are seeking divorce in the military, you don’t have to go it alone. At Masters Law Group, we move through settlement negotiations, mediation, or litigation with our clients’ assurance and well-being in mind.

Whether you are facing a contested divorce, uncontested divorce, or civil union divorce in the forces this Military Appreciation Month, our firm’s attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.

Contact us today to set up your complimentary consultation.

Splitting Digital Assets in Divorce

In an age where our lives are increasingly intertwined with technology, the division of assets during a divorce has taken on a new dimension. As we enter 2024, “digital assets” have become a significant consideration in divorce proceedings. 

These assets encompass various digital properties, from cryptocurrencies to digital media collections and online businesses. In this blog, we’ll explore the complexities and challenges of splitting digital assets in divorce for 2024. Here’s what you need to know.

Defining Digital Assets

In divorce proceedings, the concept of digital assets has introduced a new layer of complexity. As couples navigate the intricacies of separating their lives, digital assets have become a significant factor to consider. Digital assets encompass any property or wealth existing solely in the digital realm. Here are a few key areas to consider:

  • Cryptocurrencies: In light of the surging popularity of cryptocurrencies like Bitcoin and Ethereum, divorcing couples may encounter the challenge of dividing their digital currency holdings.
  • Online Businesses: Couples who have established or invested in online businesses, such as e-commerce platforms or software startups, must grapple with dividing their digital business assets.
  • Social Media and Online Accounts: Contentious issues may arise regarding access and control over social media accounts, email accounts, and other online profiles.

Understanding the specific complexities of each category is essential. Addressing these digital assets is crucial to achieving fair and equitable divorce settlements in the digital age.

Challenges in Splitting Digital Assets

During the process of a pending divorce, it’s crucial for both you and your spouse to take inventory of all your digital assets, much like you would with physical ones. Each party should compile a comprehensive list of everything categorized as marital property. Here are a few things to consider: 

  • Valuation: Determining the value of digital assets can be challenging, as their worth is often subjective and volatile. Cryptocurrency values, for instance, can fluctuate significantly.
  • Ownership: Establishing ownership of digital assets can be complex. Cryptocurrencies might be held in hidden wallets, and online businesses may have multiple stakeholders.
  • Privacy and Security: Access to digital assets often requires sensitive information, such as private keys for cryptocurrency wallets or login credentials for online accounts. Sharing this information can pose privacy and security risks.
  • Tax Implications: Transferring digital assets between spouses may have tax consequences, depending on the jurisdiction and the nature of the assets involved.

Digital asset division laws and regulations can vary significantly from state to state. This can add complexity to the divorce process. Working with an experienced divorce attorney can help you understand the digital asset division.

Understanding Asset Division in Illinois

If you suspect that your spouse may be concealing cryptocurrency assets, there are steps you can take to investigate the matter thoroughly. In divorce proceedings, fully and honestly disclosing all assets, including cryptocurrencies, is crucial. In Illinois, dividing cryptocurrency assets follows a process similar to any other marital property.

Illinois does not adhere to the community property principle. Instead, the court will equitably distribute assets purchased, converted, or appraised during the marriage. It is important to understand that equitable does not necessarily mean equal; various factors are taken into account in determining the distribution, including:

  • Age, health, and financial circumstances of each spouse.
  • Contributions made to the marital estate.
  • Obligations related to previous marriages, as ordered by the court.
  • Considerations regarding child custody.
  • Pre and post-nuptial agreements.
  • Tax implications.
  • Duration of the marriage.
  • Alimony arrangements.

If you ever find yourself uncertain about the ownership of assets, seeking legal counsel is recommended to help ensure everything is clear.

Working With a Divorce Attorney

Working with a divorce attorney experienced in splitting digital assets can be a game-changer for individuals going through a divorce in 2024. Divorce attorneys understand the complexities of digital assets so that nothing is left to chance during asset division proceedings.  

At Masters Law Group, our experienced attorneys can help you with the following: 

  • Professional Assistance: Consult with financial experts and lawyers experienced in dealing with digital assets. They can help assess these assets’ value, ownership, and tax implications.
  • Negotiation and Mediation: Amicable negotiations can help couples reach mutually agreeable solutions for dividing digital assets without litigation.
  • Court Intervention: In cases where spouses cannot agree on the division of digital assets, a court may step in and decide based on applicable laws and regulations.

From cryptocurrencies’ volatile valuations to online businesses’ intricate web of ownership rights, our divorce attorneys can provide valuable guidance in assessing digital holdings’ value, ownership, and tax implications.

Final Thoughts

As we navigate the digital age, the division of digital assets has emerged as a crucial aspect of divorce proceedings. For couples facing separation in 2024, it’s essential to recognize the challenges and complexities associated with splitting digital assets. 

Let Masters Law Group provide transparency so you can work towards a fair and equitable distribution of your digital assets. Our skilled attorneys, serving communities across Chicago and the suburbs of Elmhurst, Hinsdale, DuPage, and Oakbrook, offer experience and insights into digital assets and divorce, helping you navigate this complex process.

Contact us today to set up your complimentary consultation.

Navigating Divorce and Social Media

Navigating divorce in today’s digital age of social media might seem impossible. But when it comes to your divorce, social media posting should be temporarily avoided.

Social media has seamlessly integrated into our daily lives, offering a platform for reconnecting with old friends and sharing life’s milestones.

Startling statistics underline the pivotal role that social media plays in divorce proceedings. Astonishingly, 81 percent of divorce attorneys report that spouses actively scour the internet in search of evidence to bolster their claims during divorce cases.

In this blog, we’ll explore some essential tips for managing your online presence during a divorce. We’ll also discuss how a divorce attorney can assist you in handling the complexities of divorce in the digital age. So, let’s dive into what you need to know about divorce and social media today.

Privacy Matters

Having everything at our fingertips can be a great advantage, and social media offers various options to control who can see your posts, photos, and personal information. Unfortunately, Social media usage has had a significant effect when it comes to relationships ending in divorce.

When a marriage does break down, information posted on social media can increasingly become a factor in divorce proceedings. A recent survey found:

  • 33% of divorce cases result from online affairs.
  • 66% of cases involved evidence found on Facebook or other social networks.

If you are going through a divorce, reviewing and adjusting your privacy settings to limit access to your profile is crucial. Emotional posts or comments made in the heat of the moment can quickly escalate conflicts and complicate divorce proceedings. Remember that anything you post online can be used as evidence in court, so use caution and avoid venting your frustrations on social media. By doing so, you can maintain control over your personal life and contribute to a smoother divorce process.

Avoid Sharing Financial Details Online

In the divorce process, you must provide comprehensive financial information. This includes income earned, real estate purchased, and investments made during the marriage. However, some things are separate property. These are things you owned before you got married or got as gifts or inheritances during your marriage.

It’s important to know the difference between marital and separate property to confirm everything’s divided fairly in your divorce. It’s important to recognize that your social media activity can be used to challenge the accuracy of the financial information you’ve disclosed. This can significantly impact the division of marital property. A divorce attorney with experience can guide you through this process and protect your rights.

Don’t Overshare Support Obligations

Suppose you anticipate paying or receiving spousal or child support (alimony). In that case, these payments are usually determined based on the income earned by both you and your ex-spouse. What you share online can be used to scrutinize the income you claim or the income you should realistically earn. Courts may use your online presence as evidence to establish your financial capacity accurately.

It’s advisable to prioritize constructive communication during this time and address sensitive issues in private rather than airing them on social media platforms. Seeking advice from a family law attorney is highly recommended when addressing support obligations. An experienced attorney can help you understand your rights and obligations, negotiate fair terms, and represent your interests in court if necessary.

Work With A Divorce Attorney

Navigating divorce and social media might seem difficult. At Masters Law Group, our experienced family law attorneys are here to provide valuable assistance, helping to ensure that your rights and best interests remain at the forefront of every decision. Here’s how a divorce attorney can help you effectively handle social media during divorce:

  • Parenting Time: If you have children, it’s essential to work closely with your attorney to determine the most suitable arrangements for child custody and visitation. We aim to help create arrangements prioritizing your children’s well-being and best interests.
  • Mediation and Alternative Dispute Resolution: We encourage exploring options like mediation and collaborative divorce, which can facilitate mutually beneficial agreements outside the courtroom. Our family law attorneys will skillfully guide you through these processes, representing your interests and helping you secure a smoother negotiation experience.
  • Post-Divorce Modifications: Life can bring unexpected changes even after the divorce is finalized. Circumstances may arise that require modifications to parental responsibilities, visitation, or support arrangements. Our attorneys are here to assist you in addressing these changes promptly and effectively, protecting your rights and the interests of your children.

Final Thoughts

Divorce is undoubtedly a challenging life transition, and social media can either exacerbate or alleviate its emotional toll. By carefully managing your online presence, you can minimize potential conflicts and maintain your dignity during this trying time. 

You don’t have to go alone if you’re considering a divorce, legal separation, or mediation services in Illinois. Our dedicated attorneys are ready to skillfully advocate for your position and provide your voice when needed. Servicing Cook, Will, Lake, and Dupage counties, our attorneys can help you through the process every step of the way.

Contact us today to schedule a complimentary consultation and learn how we can support you through your divorce.

Alimony and Asset Division in Divorce

As couples navigate the challenging path of divorce, alimony and asset division are critical aspects that demand attention. But divorce laws differ by state. Here’s what you need to know about divorce proceedings and asset division in the state of Illinois. 

Asset division plays a significant role in determining the financial future of both parties involved. In this blog, we will explore the concepts of alimony and asset division in divorce, shedding light on how they work and what factors influence their outcomes. Here’s what you should know.

Alimony: Providing Financial Support

Alimony is a financial arrangement where one spouse provides financial support to the other after a divorce or separation. Its primary goal is to help financially disadvantaged spouses maintain a standard of living to what they enjoyed during the marriage. Alimony can be temporary or permanent, depending on various factors. Here’s a look at some of the factors that are considered:

  • Income Disparity: The most critical factor in determining alimony is the income disparity. If one spouse earns significantly more than the other, they may be required to provide financial support.
  • Duration of Marriage: Longer marriages often result in higher alimony awards. The courts typically consider the marriage’s impact on the dependent spouse’s career and financial prospects.
  • Contributions to the Marriage: Courts also consider the contributions of each spouse to the marriage, both financial and non-financial. This includes homemaking, childcare, and support for the other spouse’s career.
  • Parental Agreements: Parental responsibilities are arrangements that can affect alimony, as the custodial parent may receive more support due to increased expenses related to raising children.

Asset Division: Splitting the Marital Pie

Asset division involves dividing the marital property and debts between spouses fairly and equitably. It’s essential to understand that the goal is not necessarily to divide everything equally but rather fairly, considering the unique circumstances of the marriage. Determining a fair and equitable division of assets can be intricate and contentious, especially when significant assets are involved. Here are some factors that influence asset division:

  • Property Ownership: Marital property typically includes assets acquired during the marriage, such as homes, cars, bank accounts, and investments. These are subject to division. Separate property, acquired before the marriage or through inheritance, is generally exempt.
  • Duration of Marriage: The length of the marriage can impact asset division. Longer marriages often result in a more equitable division of assets.
  • Custodial Arrangements: Parental responsibilities can influence asset division as they affect the financial responsibilities of each spouse towards their children.
  • Future Needs: The court also considers the future financial needs of each spouse. For example, if one spouse is financially dependent and unable to support themselves, they may receive a more significant share of assets.

Marital Vs. Separate Property

In the context of divorce, understanding the distinction between marital and separate property is key. The marital property encompasses assets acquired during the marriage, regardless of which spouse’s name is on the title. This includes income earned, real estate purchased, and investments made during the marriage. Marital property is generally subject to division between the spouses during divorce proceedings.

In contrast, the separate property comprises assets acquired before the marriage or received as gifts or inheritances during the marriage but designated as separate. These assets typically remain with the individual who owns them and are not subject to division. Recognizing and understanding the differences between the two is crucial for a fair and equitable distribution of assets during the divorce process. Working alongside a seasoned family law attorney can help you protect your rights and interests.

Illinois Asset Division

When couples get a divorce in Illinois, the courts don’t split everything down the middle like in certain other states. Instead, Illinois follows a more intricate approach called “equitable distribution.” Here’s how it works:

  1. Contribution to the Marriage: The court looks at what each spouse brought to the marriage, both in terms of money and non-money contributions like taking care of the home or children.
  2. Duration of the Marriage: How long the marriage lasted matters, as it can affect how assets are divided.
  3. Economic Circumstances: Each spouse’s financial situation, including income and needs, is considered.
  4. Non-Marital Property: Things owned before marriage or received as gifts or inheritance during marriage may not be split.
  5. Custodial Arrangements: If there are kids, the court looks at custody and how it impacts finances.
  6. Spousal Support (Alimony): Whether one spouse needs support payments is factored in.
  7. Tax Consequences: Taxes resulting from asset division are also considered to make things fair.
  8. Wasteful Dissipation: If one spouse recklessly spends or wastes money, it can affect the division.
  9. Future Needs: The court thinks about what each person will need down the road, especially if one is in a tougher spot after the divorce.
  10. Agreements: Any agreements made before or during the marriage, like prenups, are taken into account if they meet legal standards.

Remember, “equitable distribution” doesn’t always mean a perfect 50/50 split. It’s about creating a fair and just arrangement based on each family’s unique situation. This process can be tricky, so it’s a good idea to work with a skilled family law attorney to help ensure your rights are protected during asset division in Illinois.

How a Divorce Attorney Can Help

Divorce is a complex and emotionally charged journey that often requires the guidance of seasoned family law professionals. At Masters Law Group, our experienced family law attorneys are here to provide valuable assistance, helping to ensure that your rights and the best interests of your children remain at the forefront of every decision. Here are some crucial areas where we can help guide you:

  • Parenting Time: If you have children, it’s essential to work closely with your attorney to determine the most suitable arrangements for child custody and visitation. We aim to help create arrangements prioritizing your children’s well-being and best interests.
  • Mediation and Alternative Dispute Resolution: We encourage exploring options like mediation and collaborative divorce, which can facilitate mutually beneficial agreements outside the courtroom. Our family law attorneys will skillfully guide you through these processes, representing your interests, and helping to secure a smoother negotiation experience.
  • Post-Divorce Modifications: Life can bring unexpected changes even after the divorce is finalized. Circumstances may arise that require modifications to parental responsibilities, visitation, or support arrangements. Our attorneys are here to assist you in addressing these changes promptly and effectively, safeguarding your rights and the interests of your children.

Remember, family law professionals are your allies during this challenging time. By collaborating with a trusted family law attorney, you can confidently navigate the complexities of divorce and reduce the stress associated with the process. Your rights and the well-being of your family are our top priorities.

Last Thoughts

Understanding what alimony and asset division entails can help you in the long run regarding divorce proceedings. At Masters Law Group, you can rest assured knowing you are consulting with trusted and experienced legal professionals. Our family law attorneys can help protect your rights and interests during this challenging time. 

With a focus on helping clients residing in the Cook, Will, Lake, and Dupage counties, our practice is committed to providing a comprehensive suite of services to support parents, children, and families during challenging periods like divorce.

Get in touch with us today and schedule your complimentary consultation.

The Era of Cryptocurrency Divorce

Cryptocurrency divorce is a new phenomenon sweeping the nation and the globe. If you are facing these unchartered waters, an experienced family law attorney is a must.

The rise of the cryptocurrency market has seen exponential growth, which has led to the less navigated world of cryptocurrency divorce.

Crypto assets are notoriously difficult to trace and control, and the legal landscape surrounding cryptocurrencies is still full of gray areas, making them complex to handle in divorce proceedings. At Masters Law Group, we understand the complexities of uncovering hidden assets, such as cryptocurrencies.

In this blog, we’ll walk you through everything you need about crypto assets in divorce cases to ensure a fair settlement. Here’s what you should know.

Understanding Cryptocurrency 

Cryptocurrency, a form of digital currency, utilizes cryptographic technology to secure transactions and verify the transfer of assets. Initially attractive for its anonymous transactions, it has evolved to become widely used for everyday purposes such as bill payments and online purchases. According to a recent NBC News poll, approximately 20% of Americans have engaged in cryptocurrency investments, trading, or usage, showcasing its growing presence in the financial landscape. Notably, the demographic group with the highest participation comprises men aged 18 to 49.

While Bitcoin remains the most well-known cryptocurrency, the market has seen the rise of other digital currencies, such as:

These alternatives have gained popularity due to their unique features and potential for diverse applications beyond financial transactions. As the world becomes more familiar with cryptocurrency and its benefits, its integration into various aspects of daily life will likely continue expanding. Let’s look at how crypto affects divorces across the United States.

Why Cryptocurrencies Matter in Divorce

Cryptocurrencies have emerged as a noteworthy factor in financial settlements during divorce proceedings. However, with the rising popularity and widespread adoption of cryptocurrencies, more divorce cases involve these digital assets. CNBC recently reported that in 2023, crypto played a significant percentage in divorces that ranged from 20% to 50%.

As the landscape of financial assets evolves, it becomes essential for divorcing couples and their legal representatives to stay informed about cryptocurrencies and their implications in the division of assets. Failure to address these digital assets adequately during divorce proceedings may lead to complications and disagreements in determining fair settlements.

Cryptocurrencies’ decentralized nature and relative anonymity can make it challenging to track and value them accurately, complicating the delicate process of dividing marital property. Additionally, sudden price fluctuations in the cryptocurrency market can significantly affect the overall value of a couple’s assets, further complicating matters.

Asset Division In Illinois

If you suspect that your spouse may be concealing cryptocurrency assets, there are steps you can take to investigate the matter thoroughly. In divorce proceedings, fully and honestly disclosing all assets, including cryptocurrencies, is crucial. In Illinois, dividing cryptocurrency assets follows a similar process as any other marital property.

Illinois does not adhere to the community property principle. Instead, the court will distribute assets purchased, converted, or appraised during the marriage in an equitable manner. It is important to understand that equitable does not necessarily mean equal; various factors are taken into account in determining the distribution, including:

  • Age, health, and financial circumstances of each spouse.
  • Contributions made to the marital estate.
  • Obligations related to previous marriages, as ordered by the court.
  • Considerations regarding child custody.
  • Pre and post-nuptial agreements.
  • Tax implications.
  • Duration of the marriage.
  • Alimony arrangements.

If you ever find yourself uncertain about the ownership of assets, seeking legal counsel promptly is advisable to avoid any confusion or ambiguity.

Agreements on Dividing Crypto Assets

Dividing crypto in divorce cases can be challenging due to their fluctuating value. However, with careful consideration, the process can be made relatively straightforward. Here are some approaches to handle it:

  1. Simple Division: One party receives a portion of the cryptocurrency as it is at the time of the divorce.
  2. Custodial Holding: A third-party custodian receives and holds the share of cryptocurrency until the divorce is finalized.
  3. Cryptocurrency Owner Liquidation: The asset owner converts the other party’s share into cash based on the digital currency’s value on the day of the sale.
  4. Liquidation With No Claim Upon Remaining Cryptocurrency: Similar to option #3, both parties agree that the original owner retains full title to the remaining cryptocurrency.

It’s important to note that there are no loopholes in divorce proceedings concerning cryptocurrency. While courts are familiar with handling the volatility of traditional assets, cryptocurrency introduces a new level of complexity.

Work With Masters Law Group

Navigating the complexities of cryptocurrency asset division during a divorce in Illinois can be overwhelming. At Masters Law Group, we understand the intricacies involved and are here to assist you every step of the way. Our skilled attorneys, serving communities across Chicago and the suburbs of Elmhurst, Hinsdale, DuPage, and Oakbrook, offer experience and insights into the world of the crypto divorce and can help you navigate this complex process.

Whether you have inquiries about divorce proceedings or require guidance on discovering digital assets and asset division, we are ready to provide answers and support.

Contact us today to schedule a complimentary consultation and learn how we can support you through your crypto divorce.

How is Cryptocurrency Divided in Divorce?

Cryptocurrency is an asset like any other kind of asset, and as a result, it may be considered separate property or marital property. What many people do not understand is exactly how complicated this can become. 

Cryptocurrency is a type of code or software that dictates how a unit of currency is produced and regulated.  Essentially, the creator of the cryptocurrency makes the units using an algorithm that relies on cryptography to secure the currency. The most common cryptocurrency, and the first of its kind, is Bitcoin, but there are thousands of other types that can be purchased or earned.

Despite Bitcoin and Crypto prices being extremely volatile, (the recent Crypto crash being a prime example), cryptocurrency is gaining in popularity and becoming a more and more common asset seen in divorce cases.

Crypto and Divorce Trend

Cryptocurrency has gone from an obscure hobby to a significant investment for many people across the country. As crypto assets like bitcoin rose dramatically in price, many investors became wealthy, especially those who entered the crypto market in the early days. However, cryptocurrency can also add new complications to a divorce, particularly when it comes to dividing assets between divorcing spouses.

Here’s a look at some commonly asked questions about cryptocurrency assets in a divorce.

Q: What is Cryptocurrency and is it Considered Marital Property?

A: Bitcoin is a cryptocurrency that allows secure transactions on the internet without having to go through a bank. Bitcoins can be exchanged or traded for other currency, products, or services and have increased in use since their creation in 2008. With this increase comes new challenges in a divorce when it comes to dividing up assets.

Cryptocurrency is considered an asset and as a result, it may be considered separate property or marital property. In some cases, growth in the value of cryptocurrency during the marriage may be considered a marital asset, even if the original purchase took place before the marriage. 

This is especially true when both spouses were involved in using cryptocurrency, investing in crypto assets, or planning to rely on crypto to fund future financial ventures. If you’re a crypto investor considering divorce, you should always consult with your lawyer about how you can expect your investments to be affected by the separation.

Q: Can You Lose Bitcoin in a Divorce?

A: Bitcoins are treated the same as any other asset in a divorce. If the bitcoin transaction was before the marriage, was given as a gift or through an inheritance, it is not marital property and cannot be divided. Therefore, if the transaction was during the marriage, it is marital property and can be divided.

When bitcoins are considered marital property, the easiest way to divide them is to split the determined value 50/50. Since most bitcoins can be cashed out in full, splitting the value 50/50 means each spouse would simply get half.

Another way to divide bitcoins is by negotiating other marital property in exchange. This means, if the spouse with the bitcoins wants to keep them, they can give up other marital property with the same determined value to the other spouse.

Q: Can Cryptocurrency Be Used to Hide Assets During Divorce?

A: A misinformation gap can easily arise especially when only one partner is involved in the crypto market and the other spouse has little knowledge on the aspects of crypto investments. This gap can lead to one partner not knowing what to look for when it comes to uncovering crypto holdings in the asset division process. 

The growing awareness of cryptocurrency technology has led to more divorce attorneys thinking about how to deal with crypto as a way of hiding assets. In some cases, a spouse may suspect the other party has undisclosed crypto holdings, while in other cases, they may notice that the other spouse suddenly seems to have a source of funds that is not tied to their existing employment or investments.

There are several ways that cryptocurrency assets may be discovered. The best-known and easiest to uncover are bitcoin and ethereum. Other cryptocurrencies may offer higher levels of anonymity. Those assets are much less valuable and more volatile than the better-known digital currencies. A forensic expert typically brought in by the parties, may search for cryptocurrency tickers, login credentials for exchanges, or keys for certain types of digital wallets.

Bank statements, credit card statements, and other financial documents may indicate transactions for crypto purchases from various exchanges.

Final Thoughts

During a marriage, it’s important for both partners to have an understanding of their marital income, and investments. With greater knowledge about finances shared between spouses, it can be far more difficult for one person to hide assets during a divorce. 

If you are concerned about how your or your spouse’s cryptocurrency assets could affect your divorce or the asset division process, Masters Law Group can help. Our team of highly trained and experienced family law attorneys are here to answer your questions about divorce and digital asset division.

Contact us today for more information, or to schedule a consultation.