Tag Archive for: Chicago Law Firm

The Role of Mediation in Resolving Family Law Disputes

Family law disputes can be emotionally and financially taxing for all involved parties. Fortunately, mediation can help.

Divorce Mediation is a peace-making practice dedicated entirely to couples committed to approaching the end of a marriage with honesty, integrity, and reason.

The aim is for divorcing spouses to reach constructive divorce settlements by avoiding litigation’s emotional and financial toll and without court intervention.

In this blog, we will explore the role of mediation in resolving family law disputes. Here’s what you need to know.

What is Mediation?

Mediation is a form of alternative dispute resolution (ADR) that involves a neutral third party who facilitates communication between the parties to help them reach a mutually beneficial solution. Unlike a judge, the mediator does not make decisions for the parties; instead, they help the parties reach their agreement.

Mediation typically begins with both parties meeting with their mediator to discuss the issues at hand. The mediator then facilitates communication between the parties, helping them to identify and address their concerns. Once an agreement is reached, the mediator will draft a written contract that both parties can sign.

In some cases, mediation may not be successful. However, even in these situations, the parties may better understand each other’s positions and concerns, making future negotiations more straightforward. Let’s take a look at some of the benefits of mediation.

1. Cost Savings

The rising costs of divorce have made it increasingly difficult for couples to pursue traditional litigation. However, mediation offers a more cost-effective alternative to conventional litigation, allowing parties to save on legal fees and avoid the costs of lengthy court battles.

According to data from the Bureau of Labor Statistics, the cost of legal services increased by 4.9% in March 2023 compared to the same period last year. With inflation rates remaining high, the cost of divorce will likely continue to rise, making mediation an attractive option for those seeking a more affordable way to resolve family law disputes.

2. Flexibility

When parties opt for traditional litigation in family law disputes, they are at the mercy of the court’s calendar. A judge has multiple cases on their docket and will determine the day and time of an appearance. Because of this, it could result in a delay of weeks or even months. Mediation, on the other hand, allows the parties and counsel to weigh in on scheduling and how the case is to be heard.

In some situations, the proceeding might be a hybrid, in that some individuals appear in person and others participate remotely. This flexibility allows parties to choose a date and time that works for them and participate in the mediation process most conveniently.

Additionally, parties can work with a mediator outside the court’s calendar since mediation is voluntary. This can result in a faster resolution and a more positive experience.

3. Time Savings and Continuity 

Family law cases that go to trial involve major disputes over finances and children and can take time to resolve, prolonging one of the most painful events in a person’s life. The impact of such a trial can be significant, affecting finances, job performance, mental health, and overall well-being.

In contrast, mediation offers a streamlined and efficient process for resolving family law disputes. Mediation minimizes time away from work, children, and other essential aspects of life. Parties can work together to schedule mediation sessions at times that suit their work and family obligations.

Once the mediator establishes rapport with the parties, it is essential to maintain a productive conversation. Agreement on more minor issues can lead to the resolution of larger ones. This incremental approach helps to build trust between the parties and encourages them to find common ground.

4. Privacy

Divorce is one of the most stressful life events, and finding ways to lessen the impact of this stress on the family is crucial. Divorce proceedings can bring additional scrutiny and enhance the anxiety associated with the experience. Courtrooms are open, as they should be, but this can add to the stress of the situation.

Mediation offers a more private, confidential, and intimate setting, which can help to alleviate some of the stress associated with divorce. Parties can work together to resolve their issues in a safe and comfortable environment without the added pressure of a public courtroom setting.

The confidentiality of the mediation process can also be beneficial for families. Mediation agreements are typically confidential, meaning the dispute and resolution details are kept private. It can help protect the parties’ privacy and avoid potential negative publicity from a public trial.

5. Long-Term Results

Mediation can provide long-term benefits for parties involved in family law disputes. One of the key advantages of mediation is that it allows parties to reach a resolution tailored to their unique needs and circumstances.

Choosing mediation can result in a more sustainable agreement that is less likely to result in future conflicts. In addition, mediation encourages parties to communicate openly and work together to find common ground, which can improve their relationship and pave the way for better co-parenting and co-existence in the future.

Finally, mediation is less adversarial than traditional litigation. It can help minimize the adverse emotional and psychological effects of divorce and other family law disputes, which can have long-term benefits for all involved.

Final Thoughts

Serving clients in Cook County and DuPage County Illinois, at Masters Law Group, our experienced attorneys understand that divorce is a stressful situation for everyone involved. As such, we prioritize our clients’ assurance and well-being throughout the mediation process.

Whether you are facing mediation, a contested, uncontested, or a civil union divorce, our attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.

No one should go through a family law case alone. Contact us here today to schedule a consultation.

Navigating Parental Responsibilities: A Q&A Guide

No one starts a family of their own thinking it will end in separation. However, parental rights and responsibilities are part of mothers’ and fathers’ role as their children’s caretakers after separation as much as it was prior. If you’ve got questions regarding parental responsibilities in Illinois, here’s what you need to know in 2023. 

Married or not, raising a child is a complex and challenging task, and the responsibility of ensuring a child’s well-being falls on the shoulders of the parents. 

However, in the event of a separation or divorce, the allocation of parental responsibilities can become a source of confusion and disagreement. This blog is an essential resource for parents going through separation or divorce in Illinois. Below, we will cover common questions about parental responsibilities and allocation during these events.

Here’s what you need to know.

Q: What is considerd “parental responsibility?”

A:Parental responsibility is a set of rights and duties that a parent or a legal guardian has towards their children. Usually, parental responsibility includes both ‘parenting time’ and ‘decision making’.

Q: What is Allocation of Parental Responsibilities?

A: There are three basic types of child allocation of parental responsibilities in Illinois — joint allocation of parental responsibilities, sole allocation of parental responsibilities and shared allocation of parental responsibilities:

Joint allocation of parental responsibilities requires parents to cooperate in decision-making regarding education, health care and religious instruction. It does not mean that the children live with each parent for an equal amount of time. The parties will agree or the court will assign a residential parent. The non-residential parent will pay child support and exercise parenting time. The amount of time the children spends with the non-residential parent is addressed in a parenting time agreement or order.

Sole allocation of parental responsibilities is the term that describes the arrangement that gives one parent the responsibility for deciding everything related to the child’s welfare. It does not mean that the other parent is out of the picture. Parenting Time and parenting time can be the same in a sole allocation of parental responsibilities case as it is in a joint allocation of parental responsibilities case.

Shared allocation of parental responsibilities is a form of joint allocation of parental responsibilities. It is appropriate when the child spends equal time with each parent, the parents reside in the same school district and are able to joint parent.

Q: What is the process for allocating parental responsibilities in Illinois?

A: The process for allocating parental responsibilities in Illinois begins with the filing of a petition for allocation of parental responsibilities by one of the parents. The court will then conduct a hearing to gather information. From here, they will make a decision based on the best interests of the child. Both parents will have the opportunity to present evidence and testify. The court may also appoint an attorney for the child or a guardian ad litem to represent the child’s interests.

Q: What are the factors considered by the court in Illinois when allocating parental responsibilities?

A: In Illinois, the court will consider a number of factors when allocating parental responsibilities, including the child’s needs, the relationship between the child and each parent, and each parent’s ability to provide for the child’s needs. The court will also consider the following:

  • History of abuse or neglect
  • The child’s own wishes, if they are old enough to express them.

Q: What is the difference between legal custody and physical custody in Illinois?

A: In Illinois, legal custody refers to the right to make decisions about the child’s upbringing, such as decisions about education and healthcare. Whereas physical custody is based on where the child lives and who is responsible for the child’s day-to-day care. 

In many cases, the court will award joint legal custody to both parents. Meaning both parents have equal rights and responsibilities when it comes to making decisions about the child. Physical custody can be awarded either on a joint or sole basis. The court will rule in the best interests of the child.

Q: Can a parent’s allocation of parental responsibilities be modified after the initial court order in Illinois?

A: Yes, a parent’s allocation of parental responsibilities can be modified after the initial court order in Illinois if there has been a significant change in circumstances. This could include the following:

  • A change in the child’s needs.
  • A change in one parent’s living situation or ability to care for the child.
  • A change in the child’s relationship with one of the parents. 

Q: What happens if one parent is deemed unfit to have parental responsibilities?

A: If a parent is deemed unfit to have parental responsibilities, the court may award sole custody to the other parent or to a third party, such as a grandparent. This may be the case if a parent has a history of abuse, neglect, or substance abuse, or if they are unable to provide for the child’s needs. The parent’s rights and responsibilities may be limited, but they may still have the right to visit the child.

Q: Are grandparents’ rights taken into consideration in Illinois when allocating parental responsibilities?

A: Yes, grandparents in Illinois can petition for certain rights, such as visitation rights, if they have an existing relationship with the child and the court finds that it’s in the child’s best interests.

Next Steps To Consider

Protect your children’s interests during a separation or divorce by taking these steps:

  1. Establish legal custody: Legal custody determines who has the authority to make decisions about the child’s welfare, including education, healthcare, and religion. This can be joint or sole custody. In Illinois, child custody is called parental responsibilities.
  2. Create a parenting plan: A parenting plan outlines how the child will be cared for and how much time they will spend with each parent. This should include details such as a schedule for visits, transportation arrangements, and communication protocols.
  3. Communicate with your ex-partner: It is important to maintain open lines of communication with your ex-partner. Especially when it comes to the well-being of your child.
  4. Prioritize your child’s needs: The child’s best interests should always be the top priority. Put aside personal differences and work together to provide a stable and nurturing environment for the child.
  5. Seek legal advice if needed: If you have any legal questions or concerns, it is best to seek the advice of an experienced family law attorney.

Final Thoughts

The allocation of parental responsibilities during a divorce or separation can be a difficult and emotional process.  Working with a professional family law firm like Masters Law Group can provide a great help in navigating this often emotionally-charged process. 

We are dedicated to protecting your rights, and more importantly, the rights of your child/children. Our Senior Attorneys Erin E. Masters and Anthony G. Joseph have extensive experience working with cases involving children in family law conflicts. Ms. Masters is a court-appointed Child Representative and has experience advocating for children in these high-conflict matters. Further, Mr. Joseph is also on the list of approved Guardian Ad Litem/Child Representatives for the Domestic Relations Division of the Circuit Court of Cook County.

If you’re facing a family law issue, don’t hesitate to contact Masters Law Group for the professional assistance you need here today.

Understanding Spousal Support (Ailimony) in Illinois

When a marriage ends in divorce, couples need to try to come to an agreement as to the settlement terms. In addition to deciding the many issues regarding the children and distributing assets and debts, some spouses may also need to obtain spousal support.

Most people are very concerned about the amount of a spousal maintenance award or about how long the support obligation will last. However, the first question that must be asked is whether an award for maintenance is even appropriate.

Illinois courts have the authority to grant spousal maintenance, (alimony), to financially disadvantaged individuals when deemed appropriate. Maintenance is important because it ensures that both parties are able to maintain a secure lifestyle after the divorce.

Courts take into consideration several factors when determining the amount granted for spousal support. In this article, our Chicago Divorce Lawyers at Masters Law Group will provide insight on spousal support laws in Illinois, and steps you should take in your divorce to ensure you’re being treated fairly.

Are You Eligible to Receive Maintenance in Illinois?

Most people are very concerned about the amount of a spousal maintenance award or about how long the support obligation will last. However, the first question that must be asked is whether an award for maintenance is even appropriate. Spousal support is governed in Section 504 by the Illinois Marriage and Dissolution of Marriage Act. As mentioned above, the court must determine whether they can award maintenance based on the facts of your case. Here are just a few of those factors:

  • Current and future income of each party
  • Current and future financial needs of each party
  • Standard of living during the marriage
  • Length of Marriage
  • Marital agreements such as prenup or postnup

It’s important to remember that each case is different, as such the court takes a wide range of factors into consideration.

How Long Will You Receive Maintenance and How Much you Can Expect

Divorce doesn’t have to be a difficult process, but it can be made even more complicated by the way Illinois law handles maintenance.

The state of Illinois has a formula that determines the amount and duration of any maintenance award. This formula is based on the income of both spouses, as well as the length of the marriage and when divorce was filed.

If you are considering filing for divorce in Illinois, it’s important to understand these laws and what they mean for you. It is also best practice to consult a family law attorney before filing for divorce—not only will this ensure that you’re aware of your rights and responsibilities, it will also give you access to legal advice from someone who knows how things work in this state.

Modification of Maintenance in Illinois

Family law is a sensitive and complicated subject. It’s important to have the right attorney on your side, especially if you are seeking modification of a maintenance agreement. Illinois maintenance (spousal support) awards can be modified based on the following circumstances:

  • If the paying-spouse’s income goes down.
  • If the paying-spouse or recipient-spouse experiences a dramatic increase in their cost of living, (e.g unexpected illness or medical bills).
  • If the recipient-spouse is unable to become self-supporting or experiences other financial strains beyond control.

If you ever need to make changes or update your maintenance, you can contact the trusted divorce attorneys at Masters Law Group.

How Masters Law Group Can Help

Divorces usually tend to be drawn out, especially when the parties cannot agree on how to handle issues such as child support, allocation of parenting time and responsibility, spousal maintenance, and division of assets and debts.

If you need help calculating your spousal support or need help modifying your maintenance payments, the attorneys at Masters Law Group can help. 

We have a long history of legal success and know how to work with clients to get them the results they deserve. If you are wondering whether or not spousal maintenance is appropriate if you divorce, or if you think it may be time to have spousal maintenance modified due to changes in circumstances do not delay. Contact us here to speak to our experienced family law attorneys about the spousal maintenance factors involved in your situation.

Getting a Military Divorce? Here’s What You Should Know

Military regulations are clear that remarriage means that a spouse loses the military ID card and associated privileges (e.g. commissary and base exchange shopping). But there are more unique situations that are associated with military divorces. Read on to learn more. 

If you’re getting divorced and your spouse is in active military service, you may be wondering what this will mean for your divorce. Even if you and your spouse mutually decide to split, your spouse’s military status may have an affect on how your divorce goes.

Whether you are looking to file a simple no-fault divorce or if your case is more complex, Masters Law Group can help. Here’s what you need to know.

Active Duty Service Members and Divorce

If you’re a military spouse, you may be wondering whether you can pursue a divorce. The answer is yes. However, there are some limitations on what you can do.

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 would be unable to 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.

Uniformed Services Former Spouses’ Protection Act

If you or your spouse are an active member of the military, there’s a good chance the Uniformed Services Former Spouses’ Protection Act (USFSPA) may affect how you divide your assets.

Here’s what the USFSPA covers:

  • Commissary and exchange privileges
  • Health care coverage and other benefits
  • Military retirement pay

If you or your spouse is an active member of the military, it’s important to know that a former spouse does not automatically get a portion of the service member’s retirement pay and there are specific requirements to qualify.

What You’ll Need to File a Divorce

Even though there are a few added rules when it comes to the military divorce process, the remaining process is very similar to civilian divorce. You will still need to agree on the following:

  • Division of assets such as homes, vehicles, money and other property
  • Division of credit card debt, loans and any other outstanding debt
  • Spousal support
  • Child custody

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. 

Last Thoughts

It’s never easy to make a decision that will impact your life and the lives of your family members. But when you’re a military family, there are even more considerations to keep in mind.

Because military families face unique challenges, our firm has made it our mission to help make sure you get through this difficult time as smoothly as possible. In Illinois, you need to comply with the mandatory waiting period that exists for military families. Typically, there is a 90 day waiting period to obtain a divorce if one spouse, or both spouses, are active in the military. The Illinois Marriage and Dissolution Act requires a spouse to either reside or be stationed in Illinois for 90 days.

How Masters Can Help

We understand that military life can be difficult for families. When it comes to divorce, there are many factors to consider before making a decision about your future. 

From splitting retirement pensions to child support, at Masters Law Group, we take into account all aspects of military life when working with our clients during their divorces. We know that there are more than just two sides to every story; when working with us as your attorneys, we will give both sides equal weight as we chart out a plan that works best for everyone involved.

We can help you and your spouse understand the unique circumstance of a military divorce and ensure that you make the best decisions for your family. Contact us today to schedule your consultation.

 

Chicago Divorce Attorneys: Working with Masters Law Group in 2023

If you are contemplating divorce or your spouse recently dropped the “D Bomb,” you may be on the fence debating whether you should hire a divorce attorney or if you should represent yourself. If you’re about to go through a divorce, here’s why you should invest in a divorce attorney.

If you are currently in a bad situation with your partner and you want to settle for divorce, you might consider getting a lawyer. When choosing a divorce attorney, there are a few factors you should consider. Experience, costs and reputation are just a few of the most important considerations.

Having a reputable attorney by your side will help ensure your interests are well-represented. Having a lawyer will also ensure that the settlement you receive is fair and your rights are protected. You will also want to know whether any loopholes in the law may result in an unfair settlement.

How to Choose the Right Divorce Attorney

You may be reluctant to hire an attorney for many reasons such as trust and associated costs, but without one, you may find yourself facing costly repercussions. Divorce is no simple feat, so having a good relationship with your divorce attorney can make the process so much easier. Maintaining good communication with your attorney will only help you in the long run.

If you live in the state of Illinois and are in need of legal representation for a family law matter, look no further. Here’s what you need to know about working with Masters Law Group in 2023.

Working With Reliable Lawyers

Reliability is key when it comes to working with a divorce lawyer. When looking at your options for lawyers, pay attention to how they communicate with you. It’s important to develop a positive rapport with your lawyer, as most divorces take several months to settle. 

Throughout the divorce process, you’ll have an array of questions, concerns, or disputes you’ll want to take care of. As such, you’ll want someone on your side who will alleviate your stress, address your concerns, and answer your questions to the best of their ability.

When we first meet with our clients, we ask them what they hope to achieve from their divorce and how they would like to feel after it is complete. We then carefully discuss their goals so that we can provide the best legal representation possible. We offer complimentary consultations so that you can get a feel for our firm before deciding whether or not we are right for you!

Google Reviews and Client Testimonials

Word of mouth advertising has always had a leg up in certain markets. For the law industry, hear-say isn’t always credible. But looking at client testimonials and reviews of previous clients that have worked for a law firm can be extremely beneficial.

Lawyers that provide high quality services will have more clients who are willing to share their experiences with other potential clients. The law industry is no different from any other when it comes to word of mouth advertising.

If you want to get a better idea about a certain law firm, then it is important that you take some time to look at client testimonials and reviews of previous clients that have worked with your lawyer. A great tool and resource is google reviews. When you type in a business name, the reviews automatically pop-up. Another way to look for testimonials is by checking out their website.

At Masters Law Group, we are fortunate to have a great relationship with many of our clients. Our reviews and testimonials truly bear witness to our commitment to our clients.

We believe that each client deserves a legal team that will be willing to go the extra mile for them. We will always provide you with honest advice and guidance on all matters related to your case.

Client Reviews:

“Erin Masters and Anthony Joseph are an amazing duo. They helped me get through my divorce. In the words of my newly ex husband “your lawyer looks like a shark.” You’re damn right they are. They will go as far as you need them to go with any battle you are going through and I love that about them. I would recommend them to anyone in need of incredible lawyers who are not only knowledgeable but keep every aspect of the process very real. Anthony and Erin thank you very much for handling my case. You are very much appreciated!”

-Bianca 

Divorce Client

 

“Masters Law Group was incredibly helpful with my divorce. Erin and Anthony were a pleasure, very responsive, efficient, and very knowledgeable. I always felt that my case was in good hands and it was a relief to trust them with the process. I highly recommend Masters Law Group to anyone needing help with a family law matter.”

-Luz

Divorce Client

A Little Bit About Masters Law Group

Recognized Best Law Firms 2023 by Best Lawyers® and U.S. News & World Report, Masters law group is located in Chicago, Illinois and handles family law matters in Cook county and other surrounding areas. They concentrate in areas such as divorce, allocation of parental responsibilities, and other family law matters. 

Masters Law Group is highly esteemed and well respected by peer review publications such as Best Lawyers, Super Lawyers, and Leading Lawyers. Our Lawyers Erin E. Masters and Anthony Joseph have been recognized by such prestigious publications numerous times. This not only speaks volume about their work–but also their character.

Having an attorney who is respected by their peers is a testament to both their work ethic and their character. When you’re facing a legal issue, having someone you can trust on your side makes all the difference.

Working with Masters Law Group in 2023

Here at Masters Law Group LLC, we’re committed to helping you achieve the best outcome in your case. With a long history of awarded recognitions in Family Law, we have a unique depth of knowledge, experience, and talent in the Family Law and Divorce field.

Our highly experienced divorce attorneys are dedicated to providing you with the best possible service. No matter what kind of case you may have—divorce, child custody or relocation—we will work tirelessly to help you get the results you deserve. We have over 10 years of experience handling family law cases and we know how important it is for our clients to feel comfortable with their lawyer. That’s why we offer free consultations so that you can meet with us before deciding whether or not to hire us.

Contact us to schedule a consultation today!

Should I Wait Until After the Holidays to Get a Divorce?

One of the most common questions that we get around Christmas time from potential clients is whether they should wait until after Christmas to file for divorce. Here’s what you need to consider. 

The holidays are a time for family and friends, and the last thing on your mind should be whether or not you should get divorced.

But if you’re in this position, it’s important to know that you don’t have to keep your divorce plans under wraps forever. There are many situations where it could be good to hold off, and in some cases it’s better to rip the bandaid off. Here are several considerations to keep in mind when deciding whteher to wait until after the holidays to get a divorce.

Avoiding Extra Holiday Stress

The holidays can be a stressful time for everyone, but they can also be a time of joy and togetherness. If you’re considering divorce, it’s important to remember that divorces often take a long time to finalize, and it may be best to wait until after the holidays are over before starting proceedings.

If you’re in a marriage that is teetering on the brink of divorce, the holidays can be especially hard. It’s important to focus on what makes you happy. Whether it’s spending time with family or taking some alone time—and not allowing yourself to fall into the trap of focusing on how unhappy your marriage is making you. Try not to let stress get the best of you during this holiday season.

Be Aware of False Hope

Holidays may be the most wonderful time of the year, but they can also be a source of false hope. Thanksgiving and Christmas are often times when couples will try to rekindle their passion and romance, often “for the sake of the kids”. When couples have been in a long-term relationship, it’s not uncommon for them to experience periods of disconnection or lack of intimacy. But when the season rolls around, these high spirits can sometimes cloud the deeper issues.

However, despite the aura of togetherness over the season, always remember why you wanted to get a divorce in the first place. Are these reasons going to pop up again in the new year? Will everything be magically solved in your marriage? Weigh up the pros and cons carefully before making your decision. 

Supportive vs. Interfering Relatives

If you have decided that it is time to divorce, but are worried about how your family will react, you may want to consider filing for divorce during the holidays anyway.

Depending on your relatives and relationship with them, filing for divorce amidst the holidays can be a great way to get away from the stress of everyday life and spend time with those who mean the most to you. Many people find that they are able to spend more quality time with their families during this time of year, which is why it can be an ideal time to file for divorce and reap the family support you need during this time.

However, we all have that one relative (or multiple relatives) who wish to give their penny’s worth on the topic of your marriage. This negative interference can be detrimental to your mental health and personal strength when it comes to filing the papers. Depending on where you are spending the holidays, consider keeping it quiet. These relatives don’t need to know what’s happening with your marriage now. Wait until the papers are complete and you have the confidence to discuss it further down the line.

Toxic Family Environments

Regardless of your marriage situation, arguments are sometimes impossible to not have during the holidays. The stress gets to everyone, however, If you are in a toxic or abusive situation it’s important to know that you don’t have to stay in your marriage if you’re unhappy. While divorce proceedings can be difficult and stressful for everyone involved, it is better if it is started sooner rather than later. Divorce attorneys can help guide you through the process.

Remember, if you or your children are in danger, it’s important to get out of the situation as soon as possible. Even consider filing for an Order of Protection.

Protecting Children

Announcing divorce at any time can be difficult for children, but it’s even more painful when it’s during the holidays. The festive season is one of generosity and cheer, and children are eager to experience the wonderment of this special time. 

Setting irreconcilable differences aside, even for just an additional month, allows the children and both parents to spend one last holiday together as a family. The gift of family togetherness is one that children will cherish and remember long after the divorce is over.

Final Thoughts

Regardless of your relationship situation it’s important to consider all of the factors before you make the decision to get a divorce. Whether you anticipate divorcing before, during or after the holiday festivities, you can always rely on the attorneys at Masters Law Group to guide you through the process.

We’ll be by your side every step of the way as we work towards a resolution that is fair, equitable and compassionate. Contact us today to schedule your complimentary consultation.

Can Hiding Crypto from Your Ex Get You in Legal Trouble?

If you typed this article’s heading into an online search engine, chances are you’re considering hiding digital assets in your divorce case. Here’s why it’s a very bad idea.

The dramatic rise of cryptocurrency has led some spouses to hiding those digital assets during divorce settlements. In a divorce, both parties are expected to be honest about their assets, as all assets acquired during marriage are subject to division in a divorce. While property, stocks, bonds, bank accounts and 401(k)s can be easily tracked down, cryptocurrencies can be a bit more difficult. However, as it becomes more common, many lawyers are more aware of them and have started to learn the challenges surrounding them. 

Which begs the question, is it illegal to hide crypto from your ex during a divorce? 

What assets must be disclosed in a divorce? 

In an Illinois-based divorce case, it is legally required that each spouse discloses any and all assets, income and debt as part of the financial disclosure process. This also includes digital assets, such as cryptocurrencies. The issue with crypto, though, is enforceability and tracking it down if it is hidden. Regardless, spouses who fail to disclose still face legal trouble. Financial disclosures are signed under penalty of perjury so non-disclosure could lead to criminal charges. 

Tracking crypto

While there are ways to locate cryptocurrency activity, it is still difficult to discover and you could need experienced help from a Cryptocurrency experienced attorney. Older forms of crypto like bitcoin and ethereum are easier to track but other, more anonymous forms, are much harder for even experts to find. If exchanges are based in a foreign country, it can become even more difficult. However, it is still possible. Lawyers like the attorneys at Masters Law Group can grant subpoenas to get information if trades occurred in the United States. Additionally, forensic investigators or financial experts may be hired to uncover the assets.

What happens if I hide assets in a divorce? 

Hiding assets in a divorce could lead to discovery. Submitting incorrect documentation, failing to disclose assets or intentionally concealing them could lead to facing criminal charges. Perjury and contempt of court are the most common charges faced from these activities, but in extreme cases, you could pay large fines or even be forced to spend time in jail. 

Additionally, hiding assets is considered highly unethical by the court. Judges can use this information to make their own decisions relating to asset division. Oftentimes, attempting to hide your assets leads to your ex-spouse’s benefit, receiving a higher percentage of the total assets. 

Final Thoughts

Hiding assets is always a risky proposition and likely not worth it. Even though crypto is difficult to track, it’s still possible and the outcome would not be in your favor. It’s best to be honest about your assets during divorce proceedings, increasing the chances of getting your assets split fairly.

If you’re going through a divorce and are in need of legal help, Masters Law Group is here to help. Contact us today.

Masters Law Group Awarded 2023 “Best Law Firms” Tier 1 Ranking in America by U.S. News – Best Lawyers

Best Lawyers and U.S. News & World Report publicly announce the Thirteenth Edition of the “Best Law Firms” rankings. And Masters Law Group have again been regognized – and now ranked Tier 1.

Chicago, Il, November 3, 2022 – Masters Law Group LLC is pleased to announce that the firm was recognized by Best Lawyers® and U.S. News & World Report in their “Best Law Firms” rankings for 2023.

“We are honored, to once again, be recognized nationally as a top firm among our peers,” said Erin Masters of Masters Law Group. “Receiving this recognition in Tier 1 – based on the input from our clients and peers – is gratifying as many exceptional firms practice in the areas in which we are recognized.”

All the rankings, in all tiers, were published online at bestlawfirms.usnews.com. The National and Metro Tier 1 rankings were also published in print in their Twelfth Edition of “Best Law Firms”. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise. Firms that received a tier designation reflect the highest level of respect a firm can earn among other leading lawyers and clients from the same communities and practice areas.

ABOUT MASTERS LAW GROUP

Located in Chicago, Illinois, the firm handles family law matters in Cook County and surrounding counties. Masters Law Group concentrates in area of domestic relations, which includes International Law via The Hague Convention, divorce, allocation of parental responsibilities, child support and related family matters.

ABOUT “BEST LAW FIRMS”

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Contact the award-winning firm and attorneys at Masters Law Group here. 

What are my Legal Rights As a Birth Parent of an Adopted Child?

Adoption, like childbirth, is a life-changing event in your life. If you are seeking to adopt a child, or if you have already started the adoption process but you are encountering legal barriers, you will need to be advised by the right legal team. Learn about a biological parent’s rights after an adoption below. 

Deciding to give up a child for adoption is a very difficult decision and definitely should not be committed until you, as the biological parent, have fully understood what this means for your parental rights. Once the adoption process is finalized, you have relinquished your parental rights and responsibilities by law. However, during the pregnancy, you have undeniable parental adoption rights throughout the adoption process. 

If you are considering adoption, it is important to know the limits of your parental rights and how they may affect you long-term. 

First, let’s discuss the rights you do have prior to the adoption, during pregnancy.

The Right to Change Your Mind at Any Time

Prior to completing any adoption paperwork, the birth mother has a legal right to change her mind at any point in the process. This means you will always have the option to parent your child, whether you change your mind early in pregnancy, after you’ve met the adoptive parents, or even after you’ve given birth, as long as no paperwork has been completed. Your adoption specialist will respect these inherent legal rights you have as the biological parent. 

The Right to Create Your Own Adoption Plan and Choose the Adoptive Family

As the birth mother, you have the right to create your own adoption plan from start to finish. You will have an adoption specialist with you to support and help you through the process, but you should never be forced into making decisions you’re not comfortable with. Once of the decisions you also get to decide is if it’s going to be an open or closed adoption. With open adoption, you also have the right to choose the family that you wish to place your child with. Normally, your adoption specialist will thoroughly discuss with you what your desires for the adoptive family are, and show you profiles of families who meet those preferences. 

Additionally, you will be able to meet with and get to know the prospective families. You can take as long as you need to find the family you believe is the right fit for your child. 

The Right to Choose Your Post-Placement Relationship

Another factor in open adoptions is choosing the contact you want to have with the adoptive family before and after the adoption is complete. While you have no legal parental rights after you give up your child for adoption, open adoption allows you to remain a part of your child’s life. Your adoption specialist helps coordinate communication to make sure the adoptive family maintains their communication with you. 

The points discussed above dealt with rights parents have prior to the adoption being finalized, but following the finalization, your parental rights are completely terminated. Let’s discuss what this means and if there are other options. 

Voluntary vs Involuntary Termination

Generally, birth parents have the right to choose what’s in the best interest of their children, this includes the difficult decision of adoption. When parents choose to offer their child for adoption, they are voluntarily terminating their parental rights. Alternatively, when birth parents are forced to terminate their parental rights, it’s known as an involuntary termination. This can determine how the adoption moves forward and the long-term situation. 

Before voluntary termination can take place, one or both parents must legally consent to the adoption. Most states require this to be done in writing and before a judge or court-appointed person. 

There are other times when birth parents’ rights are terminated involuntarily. For this to take place, someone must be going on that endangers the well-being of the child. Common occurrences include:

  • Child abuse or neglect
  • Abandonment
  • Mental illness
  • Incapacity based on alcohol or drug use 
  • Conviction of a crime by the parent

Timing 

The exact moment the birth parents’ rights are terminated depends on the state, but can range from immediately after the child’s birth to 30 days after. Terminating birth parents’ rights is a serious matter and most states have very strict timing requirements that must be set and agreed to prior to the termination. 

Visitation Rights

Following the adoption, the adoptive parents have sole authority to decide on visitation rights. If they feel it’s in the best interest of the child, they may enable a healthy relationship with the birth family. 

Although, if a post-placement relationship was agreed upon and put into the paperwork, you have the authority to choose what kind of relationship you wish to have with your child. 

It’s important to note that, generally, adoptive parents are not required to communicate with birth parents after the adoption. The only exceptions being severe illness or death. 

Free Counseling for Birth Parents

Every birth parent has the right to counseling during both the pregnancy and following the adoption. This can help a lot of mothers and fathers cope with emotional and physical trauma. Birth mothers are at a much greater risk of experiencing depression due to the negative feelings of guilt and shame. Which makes pre-adoption counseling very beneficial for all parties involved. 

Revoking Consent

In most states, consent to adoption is irrevocable since consent is meant to be a lasting and building agreement to help ensure a stable environment for the child. Although, in extreme cases, some states allow for revoking consent to adoption, usually only before the adoption has been finalized. Some situations include; 

  • Fraud or coercion was involved
  • The state allows a set period of time for revoking consent
  • The state determines the revocation is in the best interest of the child
  • The birth parents and adoptive parents mutually agree

Can Adoptive Parents Cut Off Acces?  

The current trend for adoptions seems to be to allow open adoptions that encourage a relationship between birth and adoptive parents. Unfortunately, if the adoptive parents do not want them in the child’s life, there is not much you can do as a birth parent. Again, this is why it’s important to enter a visitation agreement into the paperwork. 

Final Thoughts

Adoption is a lifelong commitment and a permanent decision. Once you have given consent and signed the paperwork, it’s extremely difficult to go back. That’s why it’s so important to work with a legal team that understands these kinds of situations and knows just what to do. Our award-winning attorneys at Masters Law Group have seen it all and can help create solutions right for you. We’re here to help guide you through these difficult times. 

If you need help with any family law issues, reach out today.

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.