Tag Archive for: Chicago divorce lawyer

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.

DuPage Divorce Attorney: The Valentine’s Day Effect

Flowers, romantic cards, and proclamations of undying love for one another; Valentine’s Day is known as the day of love for a reason. Unfortunately, for many people, Valentine’s Day is a day for ending relationships and obtaining divorces, too.

In the weeks leading up to and after Valentine’s Day, requests for information about divorce experienced a surge of 40 percent (law.com). For individuals in DuPage County, Illinois, and across Chicagoland, Valentine’s Day may shed light on the complexities within their marriages.

Valentine’s Day is a day that celebrates love and affection, but for some couples, it’s not such a happy holiday as divorce rates surge. During challenging times, a DuPage divorce attorney can be a crucial ally, providing guidance and support through the emotional and legal aspects of ending a marriage. Here’s what you need to know.

UNDERSTANDING THE VALENTINE’S DAY EFFECT

While Valentine’s Day is meant to celebrate love and connection, for certain couples, it can evolve into a stark reminder of the underlying issues in their relationships. Yet, when we delve deeper into the broader context of Valentine’s Day, it becomes clear why this time of year can be particularly revealing.

Unmet expectations, unresolved conflicts, and a pervasive sense of dissatisfaction may all surface leading up to and on this day. These negative emotions may prompt individuals to reassess the foundations of their marriages. This phenomenon, commonly referred to as the “Valentine’s Day Effect,” has the potential to lead some couples to the difficult decision of pursuing a divorce. 

Why Couples Seek Divorce

On top of dealing with the “Valentine’s Day Effect,” various other factors can lead to divorce. This study found that the following factors can increase a couple’s risk of divorce:

  • A lack of communication
  • Infidelity
  • Conflict and arguing
  • Marrying too young
  • Financial issues
  • Substance abuse
  • Domestic violence
  • Health issues
  • Lack of family support
  • Religious differences
  • Lack of premarital education

It’s important to note that Illinois operates as a no-fault divorce state, requiring only irreconcilable differences as grounds, eliminating the need to prove fault for divorce.

MEDIATION AND ALTERNATIVE DISPUTE RESOLUTION

A seasoned DuPage divorce attorney possesses the legal experience necessary to navigate the complex terrain of divorce proceedings. Emotions can run high during a divorce, and decisions made in the heat of the moment may have long-lasting consequences. A divorce attorney acts as a level-headed and objective advisor, helping clients make informed decisions based on their best interests rather than emotions.

It’s important to note that not all divorces need to be contentious courtroom battles. A skilled divorce attorney can help you explore alternative dispute resolution methods, such as mediation, to facilitate open communication and negotiation between the parties involved. These lower-conflict avenues often result in a more amicable resolution.

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 provide valuable assistance, helping to ensure that your rights and the best interests of you and your children remain at the forefront of every decision.

ILLINOIS ASSET DIVISION

If you file for divorce, you may be wondering what will happen to the financial house you built together. Division of assets is a significant aspect of divorce proceedings. 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 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 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. Agreements: Any agreements made before or during the marriage, like prenups, are considered 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 DUPAGE DIVORCE ATTORNEY CAN HELP

If you’re looking for a top lawyer in Illinois, consider working with the DuPage divorce attorneys at Masters Law Group. Our firm has earned a top spot on the Best Law Firms 2023 list by Best Lawyers® and U.S. News & World Report, and we are highly esteemed and respected by leading peer review publications such as Best Lawyers, Super Lawyers, and Leading Lawyers. 

Furthermore, our senior attorneys, Erin E. Masters, and Anthony G. Joseph, have been recognized by these prestigious publications year after year, showcasing their strong work ethic, character, and skill in family law, so you can rest assured you have someone you can trust throughout your divorce proceedings.

FINAL THOUGHTS

Valentine’s Day isn’t all about love and romance. For some, it could be a wake-up call or the final straw when it comes to divorce. 

If you are experiencing “The Valentine’s Day Effect” or simply want to learn more about initiating the divorce process, we can help. For questions regarding divorce and other family law matters in DuPage County, contact Chicagoland’s premier family law group here today to schedule a 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.

Navigating Divorce Late in Life

National Senior Citizen’s Day is celebrated on August 21st. Whether you’re a senior (retirement age) or a quinquagenarian (50-59), seeking a divorce in your older years has unique challenges. If you’re looking to ‘untie the knot’ as an older citizen, here’s what you need to know.

What is Senior Citizen’s Day About?

Do you have an elderly person in your life that you love and appreciate? National Senior Citizens Day is the day to let them know how much you care, and it’s an opportunity to recognize their accomplishments. In 1988, President Ronald Reagan proclaimed this holiday to raise awareness about issues that affect senior citizens and their quality of life.

What is a Gray Divorce?

Gray (or Grey) divorce is the rising phenomenon of older couples in long-term marriages getting divorced. It refers to a demographic trend that has increased the split or separation of older couples who have been married for a long time. The term began to be used in the United States in 2004, but the practice had already been prevalent for about 20 years. The consequences of getting divorced after 50 can be incredibly financially and emotionally impactful to older people and their families.

The Rise of Gray Divorce

Gray divorce refers to an increase in the separation of older couples who have been married for a long time. According to research published in the Journals of Gerontology, more than one in three people who divorce in the United States is older than 50. Researchers also predict that by 2030, the divorce rate for the gray divorce population will triple. This trend can be attributed to various factors, including changing societal norms, financial independence, and the desire to seek personal fulfillment in the later stages of life. 

If you are facing a gray divorce, knowing your options is essential so you can begin a new chapter of life without worry. Let’s look further at some of the challenges of gray divorce and how you can embrace the change of a new beginning, no matter what stage of life you’re at.

Challenges Faced in Gray Divorce

Navigating a gray divorce presents a unique set of challenges for older adults.  Not to mention the stress associated with divorce can impact physical and mental health. 

The issue of spousal support (also known as alimony) may be a significant concern, and you may need to determine whether this form of support will be necessary, how much you may pay or receive, and how long these obligations will remain in effect. Other distinctive hurdles include dividing assets and trusts and the frightening scenario of telling your adult children (and potentially grandchildren) that you have decided to part ways after all these years.

So what causes gray divorce in the first place? Here are some of the most common factors for gray divorce:

  • Addiction and Abuse: Addressing issues related to addiction or abuse can lead individuals to reevaluate their relationships and opt for separation.
  • An Increased Desire for Happiness: As people age, pursuing personal happiness and fulfillment becomes more critical, potentially prompting them to seek new beginnings.
  • Empty Nest Syndrome: Couples might reassess their dynamics when children leave home, leading to different paths.
  • Infidelity: Infidelity can strain relationships irreparably, leading to the decision to part ways.
  • Lack of Intimacy: Over time, couples might grapple with reduced intimacy, prompting them to seek a more fulfilling connection elsewhere.
  • Financial Differences: Discrepancies in financial goals, spending habits, and values can cause couples to separate.

Divorce looks different for everyone. There is no right or wrong way to go about it. However, older couples seeking divorce might want to hire an experienced divorce attorney.  

Legal Aspects of Gray Divorce

The first step of divorce is identifying which assets are part of your marital estate and which are pre-marital possessions. If you and your spouse have been together for several decades, memories of who owned what tend to blur together. Pre-marital assets can get mixed into marital assets, such as if your husband/wife used money in his/her pre-marriage savings account to buy your house after marriage.

The division of property can be complex. Assets to discuss with your family law attorney include:

  • Health/Life Insurance Policies
  • Property/Marital Home
  • Social Security Benefits
  • Investments
  • Retirement Benefits
  • Cryptocurrencies

Illinois is an “equitable distribution” state, meaning the court won’t divide marital property evenly. Rather than splitting everything 50/50, they look at each party’s current situation and future needs. 

Work With an Experienced Divorce Attorney

At a minimum, you need a divorce lawyer to help you navigate the gray divorce process. Masters Law Group recognizes that gray divorce brings its own set of challenges and stress, and our clients seek a path toward a fresh chapter in their lives. With this in mind, we navigate settlement negotiations and mediation while keeping our clients’ well-being in mind.

Whether you’re venturing on a contested gray divorce, uncontested gray divorce, or gray civil union separation, our team of attorneys is positioned to advocate for your best interests when it matters most. In cases involving substantial assets, our experience shows. Masters Law Group excels in pinpointing and evaluating investments and wealth, spanning real estate, retirement funds, pension plans, crypto assets, domestic and foreign tax arrangements, stock options, trusts, and other tangible or potential sources of wealth.

Final Thoughts

Life doesn’t come with an expiration date, nor does our capacity for change. As we observe Senior Citizen’s Day, we must recognize the challenges of navigating gray divorce. Seniors going through a divorce should prioritize self-care, engage in physical activities, maintain regular medical check-ups, and have the support of an experienced legal team. 

At Masters Law Group, we understand there are many moving parts to divorce, and we are here to help you every step of the way. Our dedicated attorneys are ready to skillfully advocate for your position and provide your voice when you need it most. Servicing Cook, Will, Lake, and Dupage counties, our attorneys can help guide you through the process and protect your rights. 

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

Navigating International Divorce

International divorce has become prevalent in our ever-connected world. Unraveling the intricate divorce web when it spans borders can be an emotional rollercoaster. If you are facing separation while living overseas, here’s what you need to know. 

The Hague Convention on Private International Law provides a comprehensive framework designed to tackle the legal complexities of these cases. 

Understanding the Hague Convention

The Hague Convention on the Recognition of Divorces and Legal Separations, commonly known as the Hague Divorce Convention, is an international treaty that establishes a legal framework for recognizing divorces and separations across different countries. The Convention was signed on June 1, 1970. Its main objective is to provide clarity in resolving conflicts of law and jurisdictional matters in international divorce cases.

The law is fundamental as the legal systems for divorce or separation can vary. The Hague Divorce Convention applies when a couple from different countries ends their marriage or obtains legal separation. It aims to ensure the divorce or separation is recognized and enforceable in the country where it was granted and in other countries that are party to the Convention. Let’s look at the aspects addressed by the Hague Divorce Convention in international divorce proceedings.

Jurisdiction and Applicable Law

The Convention provides rules and criteria to determine which country’s court has jurisdiction over divorce or separation. Establishing clear guidelines helps avoid conflicts and uncertainties that may arise when multiple countries could claim jurisdiction over a case—establishing a process for identifying a divorce or separation granted in one country as valid and legally effective in another country that is a party to the Convention.

This facilitates the implementation of the rights and obligations arising from the divorce or separation, such as:

  • Property Division.
  • Child Custody.
  • Spousal support across international borders.

The Hague Divorce Convention requires participating countries to establish central authorities for receiving and processing requests to recognize legal separations. These central authorities serve as contact points between individuals seeking recognition of their divorce or separation in other countries.

It’s important to note that not all countries are party to the Hague Divorce Convention. Therefore, its provisions may not apply in certain jurisdictions. Couples considering an international divorce or legal separation should consult with a divorce attorney familiar with Hague Divorce Law to understand the specific requirements and procedures applicable to their situation.

Central Authorities and Communication

Under the Hague Convention, each participating country designates a Central Authority. The Central Authorities act as intermediaries between the parties and authorities in different countries to ensure effective communication. One of the primary functions of the Central Authorities is to assist in locating parties involved in an international divorce case.

They help individuals identify and contact the appropriate authorities in the country where the divorce or legal separation was granted or is being sought. This is particularly important when one party resides in a different country—making effective communication channels between the relevant jurisdictions essential. 

Child Custody and Visitation

International divorces often involve child custody and visitation issues. The Hague Convention on the Civil Aspects of International Child Abduction can provide guidelines for resolving these issues. Its primary objective is to protect the child’s best interests and establish cooperation between countries to enforce custody orders effectively.

The Hague Convention addresses child custody and visitation disputes in international divorces. It aims to protect the child’s best interests and promote cooperation between countries to enforce custody orders effectively. The Convention establishes guidelines for resolving international child custody disputes, considering factors such as the child’s habitual residence. Participating countries cooperate to determine jurisdiction and enforce custody orders made by applicable laws.

Parents involved in international child custody disputes should seek legal advice from international family law attorneys to navigate and ensure the child’s best interests are upheld. The Hague Convention does not dictate specific custody arrangements but provides a framework for prioritizing the child’s well-being. If a parent unlawfully removes a child violating a custody order, the Convention can ask for a prompt return to the child’s habitual residence.

Challenges and Limitations

While the Hague Convention on the Recognition of Divorces and Legal Separations provides a valuable framework for resolving international divorce matters, it is essential to acknowledge it has limitations. Although the Convention has set guidelines, countries may have legal systems and cultural perspectives that can change their performance. This results in variations of how the way is implemented, leading to difficulties in these cases. These challenges can occur due to variations in convention interpretation.

Another challenge lies in differences in legal systems and procedures among participating countries. Each country may have specific laws for divorce, legal separation, and child custody. These differences can affect jurisdiction, enforcing custody orders, and ensure the child’s best interests. Seeking guidance from legal professionals in international family law is crucial to effectively navigate these challenges and provide the best possible outcome in international divorce cases.

Working With an International Divorce Attorney

When navigating an international divorce, it is highly recommended to seek the assistance of an attorney with experience handling such cases. An international divorce attorney possesses the knowledge and understanding necessary to navigate the complexities and unique challenges in cross-border divorce proceedings.

At Masters Law Group, our attorneys have experience with international divorces and are well-versed in the legal frameworks of international family law. This experience and knowledge allow them to provide valuable guidance on how these legal instruments may apply to your specific situation.

Last Thoughts

International divorce cases can be intricate, involving a comprehensive understanding of the legal framework and potential hurdles. By familiarizing yourself with the Convention and seeking legal advice, you can navigate international divorce with confidence and clarity. At Masters Law Group, we are here to assist you. Take the first step towards resolving your international divorce by scheduling your complimentary consultation with us today.

 

Check out our recent Hague Convention Cases here:

Featured Hague Decisions:

Illinois Property Division in Divorce

If you are approaching divorce in Illinois, you may wonder how the law treats the division of marital property. Here’s what you need to know. 

Divorce is a difficult and emotional process that can be made even more complicated by the division of property between spouses. Marital property includes more than your family home. The legal definition of an asset in a divorce is anything that has a real value. Assets can include tangible items that can be bought and sold such as cars, properties, furniture, jewelry and even cryptocurrencies such as Bitcoin. 

Illinois is an equitable distribution state, which means that marital property is divided fairly, but not necessarily equally, between the spouses. This is in contrast to community property states, where marital property is divided equally between the spouses.

The Strain of Property Division on Divorcing Couples

The division of property that you and your spouse have shared for years can seem especially tricky, often introducing fresh grievances or re-igniting old ones in the process. Here are some of the reasons why property division can be difficult in divorce:

  1. Emotional attachments to property: Couples may have emotional attachments to certain properties, such as a family home or heirloom, which can make it difficult to negotiate a fair division.
  2. Disagreements about what is fair: Spouses may have different ideas about what is a fair division of property. For example, one spouse may argue that they should receive a larger share of the marital property because they earned more money, while the other spouse may argue that they should receive a larger share because they contributed more to the household.
  3. Complexity of assets: Couples may have complex assets, such as businesses, investments, or retirement accounts, that are difficult to value and divide.
  4. Difficulty agreeing on values: Even when the assets are not complex, it can be difficult to agree on the value of the assets, especially if they have appreciated or depreciated in value since they were acquired.
  5. Legal complexities: Property division in divorce can be a legally complex process, and couples may struggle to understand the relevant laws and regulations.
  6. Fear of financial instability: Divorce can have a significant impact on a person’s financial stability, and couples may be afraid of the financial consequences of a property division that they perceive as unfair.

Equitable Distribution in Illinois

As mentioned, Illinois is an Equitable distribution state, meaning that a court will divide the marital property in a way that is fair and just, taking into account various factors such as:

  • The contributions each spouse made to the acquisition, preservation, or increase in value of the marital property;
  • The length of the marriage;
  • Primary caregiver status for the child/children;
  • The economic circumstances of each spouse at the time of the property division;
  • Any prenuptial or postnuptial agreements between the spouses;
  • The age, health, and occupation of each spouse;
  • The needs of each spouse; and
  • Any other factors the court deems relevant.

Marital property in Illinois includes all property acquired by either spouse during the marriage, regardless of how it is titled, except for property acquired by gift, inheritance, or a property acquired in exchange for property acquired before the marriage.

Non-marital property, on the other hand, includes property acquired by a spouse before the marriage, property acquired by gift or inheritance, and property acquired in exchange for non-marital property.

Tax Consequences

You will want to be sure to understand how the decisions you make about the division of your property will affect the taxes owed by both you and your spouse.

For instance, if you sell your home or other assets during your divorce, you may be required to pay capital gains taxes. Understanding and addressing tax-related issues will help you avoid financial problems that may arise after you complete your divorce.

Community Property Laws in Illinois

Illinois is not a community property state. Community property states, such as California and Texas, divide marital property equally between the spouses regardless of the contributions each spouse made to acquiring or maintaining the property.

In a community property state, property acquired by either spouse during the marriage is considered community property, and each spouse has an equal interest in it. This includes income earned during the marriage and any property acquired with that income.

Illinois and other equitable distribution states, on the other hand, divide marital property in a way that is fair and just based on the factors discussed above.

Hidden Assets

It is not uncommon for parties to hide their assets from their ex’s and the courts to help swing the distribution of property in their direction.

When it comes to property division, it’s important to make a list of all assets and debts that you and your spouse share. This includes assets that are solely in your name or your spouse’s name. This involves everything from retirement accounts and investments to real estate and personal property. Having a detailed inventory of your assets will help your lawyer build a stronger case and ensure that you receive a fair settlement.

It’s also crucial to be honest with your lawyer about any challenges you may face during the divorce process. This includes concerns about child custody or your spouse hiding assets or income.

Getting the Legal Help You Need

If you are facing divorce in Illinois, you might decide you want an attorney to help you with your case. It is important to get an experienced lawyer when discussing property division after divorce for several reasons:

  1. Knowledge of the law: A divorce attorney will have a deep understanding of the laws and regulations that govern property division in your state, including the factors that a court will consider when dividing marital property. This knowledge will be invaluable in helping you negotiate a fair and equitable division of property.
  2. Objectivity: Divorce can be an emotionally charged process, and it can be difficult to negotiate property division when you are feeling hurt, angry, or resentful. A divorce attorney can provide an objective perspective and help you make decisions that are in your best interests.
  3. Protection of your rights: A divorce attorney will work to protect your rights and ensure that you receive a fair division of property. They will help you identify assets that may be subject to division and make sure that those assets are valued correctly. They will also help you understand your options for negotiating a division of property, including mediation and litigation if necessary.
  4. Avoiding mistakes: Property division can be a complex process, and it is easy to make mistakes that could have long-lasting financial consequences. A divorce attorney will help you avoid these mistakes and ensure that you are making informed decisions about your property division.
  5. Negotiation skills: A divorce attorney will have strong negotiation skills that can be invaluable in reaching a fair and equitable division of property. They will work to find creative solutions to complex property division issues and help you achieve your goals.

An experienced divorce attorney can help you navigate the complex process of property division and ensure that you receive a fair and equitable division of property.

Conclusion

Divorcing couples may struggle with property division because of emotional attachments, disagreements about what is fair, complex assets, difficulty agreeing on values, legal complexities, and fear of financial instability. It is important for couples to work with experienced divorce attorneys who can guide them through the process and help them reach a fair and equitable property division agreement.

If you are going through a divorce in Illinois and have questions about property division, contact the award-winning attorneys at Masters Law Group. Our highly experienced divorce lawyers are ready to guide you through the process and ensure that your rights are protected.

Set up your consultation here today. 

How to Handle Out of State Child Support Cases in Illinois

The purpose of a child support order is to help ensure children receive the care they need. But what happens when one parent is ordered to pay child support out of state? Or even outside of the United States?

In Illinois, there are specific laws and procedures in place to handle out-of-state child support cases. This includes those involving international borders and the Hague Convention. Here’s what you need to know about handling out of state child support cases in Illinois.

What is Child Support?

A child support order is determined by what is reasonable and necessary for the support of the child or children. It is presumed that the guideline support amounts represent the amount of support that is reasonable and necessary, unless it can be demonstrated to the court that circumstances exist that would make the guideline amount inappropriate.

Understanding the Uniform Interstate Family Support Act (UIFSA)

The Uniform Interstate Family Support Act (UIFSA) provides a framework for child support cases when parents live in different states. Illinois, like most other states, has adopted UIFSA. This means that if the non-custodial parent lives in another state, Illinois can still enforce the child support order.

Under UIFSA, the state where the child resides has jurisdiction over the case. The state where the non-custodial parent lives must follow the laws of the state where the child resides. If you are facing child support issues across state lines, it is crucial to work with a family law attorney who can navigate the complexities of UIFSA and help you achieve a favorable outcome.

Seeking Assistance from the Illinois Child Support Services (CSS)

In the event that the non-custodial parent lives out of state, but you have a child support order in Illinois, the Department of Illinois Child Support Services (DCSS) can provide assistance. DCSS offers the following services to help you:

  • Enforcing the child support order across state lines
  • Modifying the child support order if necessary
  • Establishing paternity
  • Locating the non-custodial parent

DCSS can also work with the federal government to enforce child support orders across international borders. However, it’s important to note that DCSS is not able to provide legal advice and cannot help with the following:

  • Obtaining a divorce or property settlement
  • Modifying a custody or visitation order
  • Obtaining an order for college expenses.

Enforcing Child Support Orders Across International Borders

Illinois can enforce a child support order even if the non-custodial parent lives in another country. OCSE is the U.S. Central Authority for international child support. They work with states and countries to provide assistance to families seeking support when family members live in different countries.

U.S. states process cases with certain countries under different types of reciprocity arrangements, including:

  • Hague Convention countries — countries that have joined the Hague Child Support Convention, and
  • Foreign reciprocating countries (FRCs) — countries and Canadian provinces/territories that have bilateral arrangements with the U.S. government and have not joined the Hague Convention.

Since 2017, the U.S. has participated in an international agreement to streamline child support arrangements around the world, and collecting support from parents who move overseas is now possible in many countries. The purpose of the Hague Convention is to protect children from the harmful effects of international abduction by a parent by encouraging the quick return of the child to their country of habitual residence. Additionally it helps to organize and secure the effective rights of access to a child. Over 80 countries, including the United States are members of the Convention.

According to the Hague Convention, Illinois has the authority to request that the country where the non-custodial parent resides enforces the child support order. As long as the child support order is recognized in that country’s legal system, the country is obligated to comply with the request.

If you are dealing with child support issues across national or international borders, it is essential to work with a knowledgeable family law attorney. Law firms with extensive experience in cases involving international disputes can guide you through the complexities of the Hague Convention and help you protect the best interests of your child.

Working with a Hague Convention Lawyer

When faced with desperate situations, some parents may resort to non-legal means of retrieving their child, such as traveling to the foreign country themselves. However, it’s important to understand that such extra-judicial methods can breach both U.S. federal laws and foreign country laws, and may even make the situation worse.

To ensure the safety and well-being of everyone involved, it’s recommended to hire a Hague Convention lawyer. Masters Law Group can provide expert guidance and support throughout the Hague process to ensure the best possible outcome for all parties concerned.

To read some of our Featured Hague Decisions, see below:

About Masters Law Group

Erin Masters and Anthony Joseph have extensive experience in child support cases involving national and international disputes in both courts located in the State of Illinois and the United States federal court system.

Don’t navigate international law issues alone, trust the knowledge of the attorneys at Masters Law Group. We are passionate advocates for our clients and we work tirelessly to achieve a favorable outcomes for you and your child/children.

To schedule a consultation with one of our attorneys, contact us here today.

Co-Parenting and The Impact on Child Support

As family dynamics diversify, co-parenting is becoming increasingly popular. But this child-centered approach to parental separation has its own set of opportunities (such as consistency) and challenges (such as who is responsible for child support). Here’s what you should know. 

Co-parenting is a form of parenting relationship in which the two parents are not involved romantically with each other, but assume the joint responsibility of the child. It can be described as any two people jointly raising a minor, irrespective of whether or not they are biological parents. But, in the majority of cases, co-parenting comes after a divorce, separation or a breakup involving a child.

After divorcing (or legally separating), working with your child’s other parent may be uncomfortable to say the least. But making the effort to cooperate with your co-parent  makes things easier for everyone involved. Especially the child/children.

Navigating co-parenting is no easy feat and it can raise questions about the financial obligations of each parent. Let’s dive into the complex world of co-parenting and child support to learn more.

Co-Parenting in Illinois

In Illinois, co-parenting is commonly referred to as joint parenting. Joint parenting refers to an arrangement in which both parents share parental responsibilities and decision-making for the child. The purpose of joint parenting is to ensure that both parents remain involved in the child’s life and that the child’s best interests are always prioritized.

In order to establish joint parenting in Illinois, both parents must submit a parenting plan to the court. The parenting plan should include details about how parental responsibilities will be divided. It should also include decision-making authority, parenting time, and child support.

Child Support Orders

A child support order is determined by what is reasonable and necessary for the support of the child or children. It is presumed that the guideline support amounts represent the amount of support that is reasonable and necessary, unless it can be demonstrated to the court that circumstances exist that would make the guideline amount inappropriate.

Child support is utilized for the child or children’s expenses and looking at the best interests of the child or children to provide a stable home for the child or children. Some common expenses that are associated with child support are:

  • The child’s residence expenses such as mortgage or rent.
  • Utilities such as electricity, gas, and water.
  • The child’s educational expenses such as notebooks, pens, paper, books, sports fees, band fees, etc.
  • The child’s food expenses.
  • The child’s medical expenses. (Illinois Child Support Laws that went into effect on January 1st, 2022 requires that during child support proceedings parents must obtain or maintain health insurance coverage for their child or children.)

If you are concerned about how the court will calculate the child support amount and/or if you are concerned whether your child or children will receive the financial support they need, you should contact your trusted family law attorney.

Impact on Child Support

In Illinois, child support is calculated based on several factors. This includes each parent’s income, the number of children, and the amount of parenting time each parent has. When parents share custody in a co-parenting arrangement, child support is typically calculated differently than in cases where one parent has primary custody.

Under the Illinois Marriage and Dissolution of Marriage Act, when parents share custody, child support is calculated based on the “income shares” model. The amount of child support is calculated by determining the total cost of raising the child, and then dividing that cost between the parents based on their incomes. The amended income shares child support guidelines model became effective on January 1, 2019, signed into law as Public Act 100-0923 on August 17, 2018.

It’s important to note that in Illinois, child support obligations are not just financial. Parents who share custody in a co-parenting arrangement are also responsible for making sure their children’s emotional and physical needs are met. This includes the following:

  • Providing a stable and supportive home environment
  • Making decisions about education and healthcare
  • Facilitating communication between the child and both parents.

Co-parenting can be a rewarding and fulfilling way to raise children after a separation or divorce. However, it’s important for parents to work together to ensure that their children’s needs are being met, both financially and emotionally. If you feel your current situation and contract is unjust or incorrect, contact your family law attorney to discuss whether you are eligible for a modification of the order.

Modification of Child Support

In some cases, a parent may experience substantial changes to their financial situation that makes it challenging (or impossible) for them to pay the court-ordered amount of child support. In such cases, the parent can request a modification of the child support order.

To modify a child support obligation in Illinois, you must file a petition with the court that has jurisdiction over your case. The petition should explain the basis for the requested modification and the change in child support obligation you are seeking from the court.

Since the petition is for modifying an existing order, there is no need to have it served by a sheriff. Instead, you can serve notice of the petition through mail at the responding party’s last known address. Note that if the petition seeks additional court action besides the modification of child support, such as a change in parental time and responsibility, it must be served through certified mail at least 30 days prior to the hearing date.

It’s essential to remember that you cannot modify child support through self-help in Illinois. Even if the other party fails to comply with visitation rights, you cannot suspend child support payments without obtaining a court order.

If you find yourself in a situation where you need to modify a child support order, it’s always best to consult with a family lawyer.

How We Can Help

The options that come with parenting children after divorce or separation have drastically changed in recent decades. While it can be a blessing to many families who have separated on civil terms, it can be hard to navigate when animosity is present.

At Masters Law Group, we understand the laws and the court process inside and out, giving us the necessary knowledge and experience to ensure that your child is properly provided for.

For experienced legal help with your child support orders, parenting time, and more, contact us today to set up a complimentary consultation.

Chicago Divorce Lawyer

Navigating Divorce in Chicago: Tips from a Top Lawyer

Divorce is never an easy process, and it can be especially difficult to navigate in a state like Illinois where a quick Google search for “Illinois Divorce Lawyer” brings up 18,100,000 results. Plus, the complex legal system, coupled with the emotional turmoil of separating from your spouse, can make the whole ordeal seem even more overwhelming.

However, with the help of a top Chicago divorce lawyer, you can navigate this challenging period and help achieve a positive outcome for you and your family. Here are some tips from our Chicago-based law firm, Masters Law Group, on how to navigate divorce in Chicago.

Choose the Right Lawyer

One of the most important decisions you’ll make during the divorce process is choosing the right lawyer.

When seeking a divorce lawyer, reliability is essential. It is vital to evaluate how effectively they communicate with you to establish a positive relationship. A strong rapport is crucial because divorce cases can take several months to settle. While the lawyer’s goal should not be excelling in personability and charm, (it should be excelling in family law, especially divorce law), it is important that you trust and respect their professional advice and want to work with them.

Throughout the process, you may have multiple questions, concerns, or disputes, and you require someone who can ease your worries. At Masters Law Group, we begin by understanding your goals for the divorce and how you wish to feel once the process is complete. We discuss your objectives in detail to provide exceptional legal representation. Additionally, we offer free consultations to help you evaluate if we are the right fit for your needs.

Gather Necessary Documentation

Once you’ve decided on a family law attorney, be prepared and gather any necessary documentation that your lawyer will need to build your case. This includes financial records, such as bank statements, tax returns, investment accounts, and real estate records. You should also provide your lawyer with any evidence you may have that supports your case. Such as text messages or emails that demonstrate your spouse’s infidelity or neglectful behavior.

When it comes to property division, it’s important to make a list of all assets and debts that you and your spouse share. This includes assets that are solely in your name or your spouse’s name. This includes everything from retirement accounts and investments to real estate and personal property. Having a detailed inventory of your assets will help your lawyer build a stronger case and ensure that you receive a fair settlement.

It’s also crucial to be honest with your lawyer about any challenges you may face during the divorce process. This includes concerns about child custody or your spouse hiding assets or income (including digital assets like cryptocurrencies. Being upfront and honest with your lawyer in the long run will only help you achieve a positive outcome.

Consider Mediation

Mediation can be an effective way to reach a settlement in a divorce case, without the need for a lengthy and expensive court battle. The mediator’s role is to facilitate the negotiation process, help both parties understand each other’s perspectives, and explore alternative options for resolving disputes. The mediator does not make any decisions for either party but instead works to ensure that both parties have equal opportunities to voice their opinions and arrive at a mutually agreeable outcome.

Mediation can be an effective option for couples who are willing to work together and compromise to achieve a positive outcome. It’s particularly useful for couples who have children, as it can help reduce the stress and trauma that children often experience during a divorce.

Working With Masters Law Group

If you’re looking for a top lawyer in Illinois, consider working with the skilled attorneys at Masters Law Group.

Masters Law Group is located in downtown Chicago, covering divorce cases in Cook County and surrounding regions. Our areas of focus include divorce, allocation of parental responsibilities, and other family law issues.

Our firm has earned a top spot on the list of Best Law Firms 2023 by Best Lawyers® and U.S. News & World Report, and we are highly esteemed and respected by leading peer review publications such as Best Lawyers, Super Lawyers, and Leading Lawyers. Furthermore, our senior attorneys, Erin E. Masters and Anthony G. Joseph, have been recognized by these prestigious publications year after year, showcasing their strong work ethic, character and skill in family law; ensuring that you have someone you can trust on your side during your divorce.

If you’re considering a divorce in the state of Illinois, you don’t have to go it alone. Having the right attorney fighting in your corner can make a significant difference to the outcome of your case. At Masters Law Group, we are dedicated to helping our clients achieve the best possible outcome in their divorce proceedings.

Contact us today to schedule your complimentary consultation.

How to Find the Best Divorce Lawyer

Divorce is incredibly difficult for all those involved, especially when finances and children become wrapped up in the process. That being said, by choosing the right lawyer, you can potentially expedite the process, minimize costs and reduce the stress on you and your family. 

Many believe that by choosing to partner with a lawyer during their divorce, they’re deferring responsibility and decision making. This couldn’t be farther from the truth. When choosing a divorce lawyer, you’re partnering with someone that can help you navigate the often murky divorce process while also being a trusted advocate. 

How do you find the right lawyer or firm for you? This comes down to due diligence and research. By looking at reputation, asking the right questions and having a basic understanding of the divorce process, you can feel confident in your decision.

Read on to learn what our team at Masters Law Group LLC feels are the most important aspects to understand when searching for the best divorce lawyer.

Consider the Quality of the Practice

The divorce rate in America is 44.6%, meaning that you probably know someone personally who has been divorced. While not always an easy conversation to have, start by speaking with someone who has already worked with a divorce lawyer. While their experience is anecdotal, and will not represent all lawyers, their advice can be incredibly helpful.

For example, if they partnered with someone who wasn’t empathetic towards their situation or didn’t return phone calls in a timely manner, this is probably someone you don’t want to work with. On the other hand, if the lawyer laid out a comprehensive legal strategy for the divorce proceedings and offered sound advice from beginning to end, this may be someone to consider.

Don’t forget to use the power of the internet. Most law firms will have posted testimonials on their website but look at Google reviews and also search for the firm on the internet to see if they’ve been mentioned in news articles or other publications.

At Masters Law Group LLC, we’ve been voted Chicago’s #1 Divorce Law Firm. If you find yourself in the difficult position of ending a marriage, consider speaking with us today.

Interview the Firm

This advice should be employed in nearly all walks of life. Whether you’re choosing a school for your child, a mechanic, or a home builder, it’s always imperative to ask probing questions so that the expert on the other end of the conversation can prove their ability.

Here are a few questions to ask during that conversation:

  1. How often will we speak during the divorce process?
  2. Will my case be attended by one lawyer, or multiple legal professionals?
  3. What’s the estimated cost of working with your practice?
  4. If my spouse chooses to be more aggressive with their case, what steps can we take to mitigate those actions?
  5. Based on my situation, how does the court tend to rule?

Questions like the above can help you quickly get a feel for whether the lawyer you’re speaking to truly understands the divorce process and whether you can be confident in their skillset.

Masters Law Group LLC specializes in the Family Law and Divorce field. Schedule a consultation with us to speak about your family law case.

Understand the Process

In general, divorces start with a divorce petition, served by one spouse upon the other. That petition is then filed in the state/county where one party has their residency. Once this process is in place – depending on the state – a waiting period begins, certain financial restrictions are put in place and traveling with shared children may be prohibited. 

Beyond this, divorces can go many ways. If the process is delayed, or if submitted information is deemed incorrect by one party, there may be a back and forth between said parties that can last for some time. 

In the final stages of divorce, after assets and other financial information has been disclosed, terms may be agreed to. If the terms put forth by one party is contested, there may be continued hearings or ultimately a trial. If the terms are mutually agreed upon, final paperwork is fired and the court enters judgment. Beyond this, a waiting period is put in place, after which spouses can remarry.

It’s important to understand the above at the most basic level, as your lawyer should have a firm grasp of this process and know all of the challenges that can arise during it. Keep this in mind once you’ve chosen who to work with, and observe that they’re representing you at the highest standard throughout these stages.

Make Your Decision

Once you’ve done your due diligence researching a firm, asked all of the important questions and researched the divorce process to understand what you can expect, it’s time to make your decision. 

There are going to be many reputable firms out there, but ultimately what can give a practice the edge is experience. If they’ve been representing the community for years, then they have relationships with other lawyers and judges, an edge that shouldn’t be ignored . On top of this, their experience in the community will also mean that they are intimately familiar with all the relevant laws. Consider this as you make your final decision.

Masters Law Group LLC

At Masters Law Group LLC we’ve been representing the Chicago community for many years. Our principal, Erin E. Masters was named “Super Lawyer” in 2020 by Illinois Super Lawyers and the other members of our team hold similar honors. 

Our practices knowledge is thorough and our mission to ensure that your family law matter is resolved in the best way possible is our core value.

If you’re currently dealing with the difficult process of divorce, schedule a consultation with us today.