Tag Archive for: divorce lawyer

Divorce Planning: Finding Freedom in 2022

Celebrating the holidays with family and friends is one of the most anticipated times of the year. But for parents considering divorce, the holidays are not always a happy time. Now is a good time to figure out how to manage your expectations of divorce in 2022.

They say, “It’s the most wonderful time of the year!” But is it, when considering a divorce? No matter how long you and your spouse have been together, a divorce can be draining—both emotionally and financially. It can be difficult if you’re unprepared or disorganized. With the new year around the corner, now may be the best time to prepare yourself for your next steps to finding freedom in 2022.

To make the transition as smooth as possible, the family law attorneys at Masters Law Group have put together divorce planning tips for 2022 to help you navigate through the process. Here’s what you should know.

Discuss the Divorce 

If you haven’t talked with your spouse about a divorce yet, decide when, where, and how to approach the subject. Try to pick a date that doesn’t coincide with a major event, which is why many individuals put off the process until the new year. Then, choose a time that will give both of you a chance to talk, think, reflect, and rest before work or other obligations arise. If possible, plan to have the conversation in a neutral place—out of the home and away from domestic triggers and distractions. Keep it simple, try to remain calm, and avoid saying more than you need to. 

Any divorce can get messy and complicated. It’s important to have a support system in place when you’re going through a hard time. A group of trusted friends and family members who will be there to listen and lend a hand will be especially important throughout this tough time. It’s also a good idea to meet with a therapist, especially if you’re coping with any trauma, such as domestic or substance abuse. 

Navigate Separation Details

Some couples live together until the divorce is final, but usually, one spouse or the other moves out before that time. Decide where you, your partner, and your children will live. Keep in mind that maintaining two separate homes will be expensive. Both you and your soon-to-be-ex should aim to spend no more than 25% of your respective take-home pay on rent or mortgage costs. Be sure to create a realistic budget that reflects the new living arrangements and ensures both households are safe. 

Compile Your Legal Documents

Part of divorcing is figuring out who gets what. A good place to start is to make a list and keep proper documentation of personal items that belong only to you, such as jewelry, family heirlooms, or photos and papers that have special meaning to you. If necessary, give these items to a trusted family member or friend for safekeeping. 

It’s essential to have your financial paperwork organized and in one place, such as a file or binder. Start by collecting and making copies of your legal documents, including:

  • Marriage documents: Agreements and marriage license
  • Tax returns: Federal and state tax returns for the past five years
  • Real estate: Deeds, appraisals, cost basis of home, mortgages, rental property records
  • Business documents: Receipts, tax returns, payroll information, and any registrations, patents, or trademarks
  • End-of-life plans: Will, power of attorney, advance healthcare directive

If you have trouble finding any documents (or your spouse is making it difficult), your attorney can help. 

Hire a Divorce Attorney

How well you are able to navigate through your divorce may rest in large part on your ability to produce documents and evidence that can support your claims for alimony, child support, a division of assets and other important issues. Even if your divorce is amicable, it’s best to hire an experienced attorney who will help you understand your rights and responsibilities—and ensure you follow the appropriate steps. That way, you can make educated decisions about you and your loved ones’ future. 

Making sure you are treated fairly is vital to give you the best chance of moving forward in the best possible way after your divorce is finalized. To find a reputable lawyer, seek out recommendations from family and friends or research several family law attorneys in your area. Either way, be sure to interview a few candidates to find the one with whom you will be most comfortable.

Final Thoughts

January is often dubbed “divorce month” because many people say, “Let’s make this the last good holiday for the kids and our families” or “Let’s wait until after the New Year when the kids go back to school.” No matter what the reason though, divorce is never easy. There is no “good” time for a divorce – period. Coming to terms with your divorce and divorce planning does not have to be hard.

At Masters Law Group, our award-winning attorneys are here to guide you through your divorce every step of the way and help you untangle the process. When you need the assistance of an experienced divorce attorney in the greater Chicagoland Area, call Masters Law Group. We are dedicated to providing our clients with exceptional service and support throughout the divorce process. 

Contact our office today to schedule your complimentary consultation.

How to Find the Right Divorce Mediator in Illinois

Choosing a divorce mediator will be one of the most important decisions you reach during your divorce. When looking for a divorce mediation service, be sure to know what qualities to look for, key questions to ask, and how to begin your search.

Going through a divorce can be a stressful experience in someone’s life. Determining who gets what after the marriage ends is often a complicated undertaking. Decisions made through litigation involve the court system and can be time-consuming and costly.

However, there is an alternative resolution method available for divorce that is known as mediation. Mediation is generally less expensive, less stressful, and less time-consuming than going to court and having a long, drawn-out trial. Want to minimize the stress involved by choosing a good divorce mediator? Here’s a couple tips in finding the right divorce mediator.

What is Mediation?

Mediation is a method of alternative dispute resolution (ADR) available to people who are in the middle of the divorce process. Mediation is essentially a negotiation facilitated by a neutral third party. Unlike arbitration, mediation doesn’t involve decision making by the neutral third party. ADR procedures can be initiated by the parties or may be compelled by legislation, the courts, or contractual terms.

The main goal of mediation is to use collaborative methods when determining who gets what after a divorce. If a couple can reach a mutual agreement, it is submitted to the court for approval. Some of the main issues that a mediator can assist you with include:

  • Child custody
  • Parenting time and visitation
  • Property/asset division
  • Alimony
  • Child support

Finding the Right Mediator

Once you and your spouse come to the consensus that mediation is your best option, you then choose a mediator you trust to guide you through the proceedings. This is the most important step in the process, since mediation is an unregulated profession in the United States, and not all divorce mediators are the same.

Below are a few steps you can take when choosing a mediator to help you navigate your divorce:

  • Compile a list of names of potential mediators. 
  • Evaluate materials/information on possible mediators. 
  • Interview the mediation candidates. 
  • Evaluate their credentials and make a decision.

Word-of-mouth referrals from friends or relatives who have used a mediator before can assist you in selecting the right one for you. In addition, there are national mediator membership organizations that maintain lists of practitioners and offer referral services. In the end, it is important to use a mediator with whom you feel comfortable in order to achieve a positive outcome. Overall, mediation allows you to create solutions that work best for you and your children. 

Final Thoughts

A divorce does not mean a couple has to go to court to reach a settlement. Mediation is an alternate option that allows spouses to come to an agreement through compromising with the help of a neutral third party and subject matter experts. If you’re looking for a mediator, Masters Law Group is here to help.

Erin E. Masters has been approved as a Mediator for the Cook County Domestic Relations Division and offers private mediation services. If you are looking to settle your family law matter without court intervention, contact Masters Law Group to schedule a mediation appointment.

Schedule a Consultation today to learn more about how we can assist as your Divorce Mediators.

 

Can Social Media Affect My Family Law Case?

Social media is a popular way to keep in touch and communicate with your loved ones, but it has also become an increasingly useful tactic to collect information for family law hearings. Sites like Facebook, Twitter, and Instagram are now being submitted as evidence in family law cases.

When you are going through a divorce, child custody, or placement battle with your ex, what you post on social media networks could come back to haunt you.

While it is not unusual for character witnesses to be called in family law cases, social sites can sometimes be used in a similar manner. Negative comments, images, offensive posts, and hostile interactions can all be submitted as evidence in custody cases. Partners can much more easily keep tabs on one another – and collect evidence against one another – by using social media.

Social Media Evidence in Hearings

Social media is affecting relationships and being used as ammunition in hearings. Lawyers can effectively use or defend against social media evidence in cases. According to the National Law Review, 

  • 81% of attorneys discover social networking evidence worth presenting in court. 
  • 66% of cases involving divorce employ Facebook as one of their principal evidence sources. 
  • 1/3 of all legal action in divorces cases is precipitated by affairs conducted online.

Not all evidence can be used in a divorce case. For example, an opposing attorney cannot open a fake account to “friend” or “connect” with their client’s spouse to obtain evidence.

Generally, public posts that can be inspected by anyone are fair game and can be submitted as evidence in court. If a “friend” or “connection” on a spouse’s social media account shares a post or text and that secondary post is seen by the spouse’s ex, that too, can typically be legally used as evidence in a divorce case.

What’s Fair Game and What’s Not

It is important to note that you should not delete items from your social media for the purpose of “hiding” bad evidence if you have a reason to believe that litigation may be coming. This may be considered spoliation of evidence. 

In most cases, a spouse’s social media posts are admissible as evidence in the U.S. as long as you don’t obtain them illegally. An example of obtaining evidence illegally would be if your estranged husband or wife created a false account with the purpose of “following” you to collect damning evidence. It’s illegal for your ex to hack your accounts to try to gain evidence.

For many, using social media is second nature. However, it is worth discussing your situation with a family law attorney to determine the best way to deal with any social media evidence that may hurt your case.

Social Media Can Affect Parental Responsibilities and Parenting Time

Divorcing parents often have disagreements about child custody and visitation which is officially called the “allocation of parental responsibilities” and “parenting time“ in Illinois. There are several ways that social media posts can influence child custody matters. 

Imagine a scenario in which a husband and wife each want to have the majority of parenting time with the children. If the wife posts pictures of herself going out to bars several nights of the week when she is allegedly caring for the children, this could call into question her desire and ability to take on a large amount of parental responsibility. 

It is important to remember that even if you have your social media account set to private, there are still many ways that your social media activity could be used against you during divorce proceedings. The best way to avoid negative consequences from social media during divorce may be to simply take a break from social media websites until the divorce is finalized.

Final Thoughts

It is important to be very cautious when using social media during divorce or other family law hearings. Masters Law Group takes social media into account when dealing with family law cases. Each case is uniquely different and the attorneys at Masters Law Group have the experience to help you during difficult times. Learn more and set up a consultation with us here today.

5 Signs It’s Time to Consider Divorce

Divorce can be a draining, time consuming process when it comes to legally dissolving one’s marriage with their former spouse. It’s important to recognize warning signs that it may be time to consider the divorce process. In doing so, it will lessen the blow of preparing for this emotional journey.

Signs it’s time to get a divorce can be a confusing, especially when there are children involved. Therefore deciding whether you’re in a failing marriage that’s beyond repair is obviously not a choice that comes easily.

It’s not always as black and white as infidelity or financial problems, and while divorce is no one’s plan in life, these red flags could mean the end of your marriage.

1. Lack of Communication

Communication is a key ingredient to a healthy relationship.  Even when it leads to a disagreement — it is important for spouses to understand how the other is feeling. Some might think that avoidance of conversation to prevent arguments is preferable to fighting with a spouse.

When conversation breaks down completely – and neither of you are willing to put forth the effort to learn about what each other is feeling – is a clear indication that the relationship may no longer be worth the ongoing upset. 

2. Avoiding your Partner

You start to find ways to avoid any interactions with them, and would rather have no contact than negative confrontation. You find yourself wanting to spend more time with friends and family. This can be a sign that things have changed on your end in a big way.

3. Change in Values and Priorities

In good relationships couples value the same things. People can change over periods of time which is completely normal and healthy in a relationship, but what they once used to value no longer matters to them any more.

It could be as small or as big as a partner changing a couple things in their lifestyle which forces a new way of life upon their partner. For example, one partner wants to move somewhere for a job opportunity while the other would rather not. Unless both people can adapt to significant changes like this, it can be a tough one to surpass.

4. Indifference inside and outside the relationship 

If negative thoughts have begun to override the way you see your partner, things may be headed for divorce. Prolonged feelings of indifference toward your spouse is a major sign that something is off within your marriage. When you stop caring about what the other person thinks and feels, you’ve lost the ability to listen and connect—which is not as easy to fix.

5. Lack of Intimacy 

Feeling close to your partner goes far beyond the physicality of the relationship.  The deficiency of emotional intimacy is equally as big of a sign as the more apparent lack of physical intimacy. If you feel like you can’t connect with your spouse on a deeper level—or don’t want to—you’ve lost an important part of the marriage.

It’s always possible to seek out counseling to find out what’s not working. But if you’re past the point of feeling attracted to your partner, divorce may be the next step. 

Final Thoughts

Breaking up a marriage can be one of the hardest things to do — but thinking long term is the best way to go about these types of situations. Divorce can be frightening and overwhelming. But when you break it down into small, manageable steps, like those outlined above, it becomes somewhat “do-able” to leave a relationship that no longer benefits you and your family. 

It could mean setting time aside to sit down and openly talk to your partner about your feelings, going to counseling or maybe even starting the separation process. Living unhappily is not necessary and there is usually a light at the end of every tunnel —if you look hard enough. 

Read more

Managing Your Money After a Pandemic Divorce

As the world slowly begins its back-to-normal phase, the aftermath of the pandemic has left a lot of devastation in its wake. If your marriage didn’t survive quarantine, here’s how to get your finances back on solid ground after a divorce. Read more

Helpful Actions for Children While Going Through a Divorce

Each year, thousands of US children face the extreme stress associated with divorce. Parents should provide their children with understanding and support with patience, reassurance, and a listening ear as your children learn to cope with unfamiliar circumstances.

Going through the process of divorce is a challenging life transition for both parents and children. Many times the initial reaction is one of shock, sadness, frustration, anger, or worry. But kids also can come out of it better able to cope with stress, and many become more flexible, tolerant young adults. While you can’t make your child’s hurt go away, you can help them cope with the various disappointments divorce brings. Here are some suggestions to keep in mind.

Breaking the News

When it comes to telling your kids about your divorce, many parents freeze up. Of course how you tell your children is a very personal choice, but try to make the conversation a little easier on both yourself and your children by preparing what you’re going to say before you sit down to talk.

Because children often assume that they are somehow to blame, begin by letting them know what happened is definitely not their fault and they are loved by both parents – and that will never change. If possible, try to break the news together with your ex partner. By demonstrating solidarity and maturity, you will help paint a picture of a drama-free future as their minds race to “what now?”.

The discussion should fit the child’s age, maturity, and temperament; with younger children try to keep things simple, older teens will be more in tune with what you, as parents, have been going through, so more details will be beneficial.

Avoid the Blame Game

It’s vital to be honest with your kids, but without being critical of your spouse. Confining negativity and blame to private therapy sessions or conversations with friends outside the home will help children feel less “torn” between parents, therefore creating less stress on them.

If you and your ex can’t agree on matters like parenting time or allocation of parental responsibilities, save this information for your family law attorney as you navigate these new waters. Your message to the kids should be united, reassuring, and free of bickering and blame.

Expect the Unexpected

While many children will be confused, hurt, saddened and shocked, many also don’t react right away when faced with the news their parents are splitting. Sometimes it’s simply because they are overwhelmed and don’t know how to process the information, while others don’t want to upset their parents by acting as if everything is fine, or try to avoid any difficult feelings by denying that they feel any anger or sadness at the news. Let them know that that is OK, too and that they can talk when they are ready.

Whether your kids express fear, worry, or relief about your separation and divorce, they’ll want to know how their own day-to-day lives might change.

Be prepared to answer these possible questions:

  • Who will I live with?
  • Will I go to the same school?
  • Where will each parent live?
  • Where will we spend holidays?
  • Will I still get to see my friends?
  • Can I still do my favorite activities?

Being honest is not always easy when you don’t have all the answers or when children are feeling scared. But telling them what they need to know at that moment is always the right thing to do.

Helping Children Cope

Like any big life change, many children experience grief when parents are divorcing. Mourning for the family unit they once had is normal, but over time, you and your children need to work through the grieving process and accept and adapt to the new situation.

Here are some ways to help kids cope with the upset of a divorce, according to KidsHealth.org:

  • Encourage honesty. Kids need to know that their feelings are important to their parents and that they’ll be taken seriously.
  • Help them put their feelings into words. Kids’ behavior can often clue you in to their feelings of sadness or anger. You might say: “It seems as if you’re feeling sad right now. Do you know what’s making you feel so sad?” Be a good listener, even if it’s difficult for you to hear what they have to say.
  • Legitimize their feelings. Saying “I know you feel sad now” or “I know it feels lonely without dad here” lets kids know that their feelings are valid. It’s important to encourage kids to get it all out before you start offering ways to make it better. Let kids know it’s also OK to feel happy or relieved or excited about the future.
  • Offer support. Ask, “What do you think will help you feel better?” They might not be able to name something, but you can suggest a few ideas — maybe just to sit together, take a walk, or hold a favorite stuffed animal. Younger kids might especially appreciate an offer to call daddy on the phone or to make a picture to give to mommy when she comes at the end of the day.
  • Keep yourself healthy. For adults, separation and divorce is highly stressful. That pressure may be amplified by custody, property, and financial issues, which can bring out the worst in people. Finding ways to manage your own stress is essential for you and your entire family. Keeping yourself as physically and emotionally healthy as possible can help combat the effects of stress, and by making sure you’re taking care of your own needs, you can ensure that you’ll be in the best possible shape to take care of your kids.
  • Keep the details in check. Take care to ensure privacy when discussing the details of the divorce with friends, family, or your lawyer. Try to keep your interactions with your ex as civil as possible, especially when you’re interacting in front of the kids. Take the high road — don’t resort to blaming or name-calling within earshot of your kids, no matter what the circumstances of the separation. This is especially important in an “at fault” divorce where there have been especially hurtful events, like infidelity. Take care to keep letters, e-mails, and text messages in a secure location as kids will be naturally curious if there is a high-conflict situation going on at home.
  • Get help. This is not the time to go it alone. Find a support group, talk to others who have gone through this, use online resources, or ask your doctor or religious leaders to refer you to other resources. Getting help yourself sets a good example for your kids on how to make a healthy adjustment to this major change.

The process of explaining the issue and giving suggestions to your children will help them see divorce in a better perspective.

Adjusting to a New Life

While it’s good for kids to learn to be flexible, adjusting to many new circumstances at once can be very difficult. Help your kids adjust to change by providing as much stability and structure as possible in their daily lives.

It’s crucial that you and your ex create a schedule that lessens the likelihood that your child will experience divided loyalties because they may feel like they have to choose sides. When both parents work together to determine schools, activities, social calendars and all the other aspects of the child’s life, it fosters a cohesive daily experience for the child, no matter whose house they are at on a given day.

At the end of the day, children are the most important assets a married couple can own. When children are confident of the love of both of their parents, they have an easier time adjusting to co-parenting after divorce.

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Masters Law Group – Experienced Divorce and Family Law Attorneys

Divorce certainly has the potential to change the lives of parents and children, and while it is a difficult process, help and support is available.

Masters Law Group understands that divorce is a stressful situation for everyone involved. As such, we move through settlement negotiations, mediation or litigation with our clients assurance and well being in mind. Whether you are facing a contested divorce, uncontested divorce, or civil union divorce, our firm’s attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.

Divorce cases involving children require specialized knowledge.  The attorneys at Masters Law Group are highly experienced in the following legal areas associated with separating parents:

Don’t go it alone. Schedule a Consultation with us here today to speak about your family law case.

First 5 Steps to Getting Divorced in Illinois.

After a lot of reflecting, you’re considering the major decision to get a divorce. Because each state’s laws vary, you need to know how to best protect yourself as you begin this extremely daunting journey.

In Illinois, a divorce is called a dissolution of marriage, which will always accomplish two things:

1: Severing the marital relationship.

2: Dividing assets and debts.

If one person is unable to be self-supporting post- divorce, the issue of alimony may also arise. If there are children involved, child custody, support and parenting time will need to be resolved.

Knowing how to get divorced isn’t something most of us know how to do until we absolutely have to do it. If you’re considering a split, knowledge is power. To that end, we’ve laid out the process of getting divorced in Illinois, one step at a time.

Step 1: Do you NEED to get a divorce?

The first step is to try everything else possible. Including couples counseling, therapy groups, mediation, even a getaway together to truly decide if the separation is what you both want. While everything in the heat of the moment seems unfixable, you should explore every other possible option before deciding on ending a marriage.

You may think that things have deteriorated too far in your marriage to be able to save it, and that a divorce is your only option. Asides for cases involving physical or emotional abuse, there could be hope.

Step 2: Educate Yourself

So, you’ve decided separation is the only option. Not only should you emotionally prepare for what is to come, a smart move is to get the right legal advice right away.

Choosing a knowledgeable end experienced family law attorney will help you determine the full scope of your marital estate, search for hidden assets, and develop your settlement strategy before you pull the trigger. Your attorney can also walk you through different settlement approaches.

Step 3: Choose a Separation Process

Many individuals considering divorce are not aware of the fact that there are different approaches or processes to obtaining a divorce.  In Illinois the main types of separation include:

  • Contested Divorce: The “contested divorce” is the type in which the spouses cannot arrive at an agreement on one or more key issues in order to conclusively terminate their marriage.
  • Uncontested Divorce: this is where both spouses agree on all issues concerning the divorce, including but not limited to the division of marital property and debts, (parental allocation) child custody, child support, and spousal support (“maintenance”).
  • Divorce Mediation: this is where you and your spouse meet with a neutral third party, the mediator, and with their help, you work through the issues you need to resolve so the two of you can end your marriage as amicably and cost effective as possible.
  • Legal separation: For individuals with religious concerns or insurance issues who may be discourage from seeking a formal divorce a legal separation could be the preferred course of action.

Step 4: Start Obtaining Paperwork

Divorce = paperwork. And a lot of it. At the same time, collecting, sorting, and organizing financial documents is nothing short of hell for most people. The sooner you can start collecting and organizing your financial paperwork, the more smoothly your divorce process is likely to go.

It’s also worth noting your ex-partner could begin hiding assets at this stage through bitterness and resentment. Therefore, obtaining all the information as quickly as possible is highly recommended.

Step 5: File the Paperwork

In order to file for dissolution of marriage in Illinois, either you or your spouse must be a resident of Illinois for at least 90 days. You and your spouse also need to have been separated for at least two years. You may file in the Circuit Court in the county where either of you live.

Work closely with your family law attorney during this stage. As well as the divorce filing, you may have to issue temporary orders such as temporary spousal and child support and custody orders. This will all depend on the facts of your case, as each case presents a unique set of facts for the court to consider.

Next Steps

After stages 1-5 are complete, your petition will either go to trial, or reach a settlement out of a court, depending on your individual case details and whether you and your ex were able to reach such an agreement.

Final Thoughts

Divorce is frightening and can be overwhelming. But when you break it down into small, manageable steps, like those outlined above, it becomes somewhat “do-able”.

Sometimes the length of the Illinois divorce process simply comes down to how well you and your soon-to-be ex-spouse communicate, but by knowing how divorce works – and what you’ll need to do first – can help you move forward with confidence.

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Divorce Services from Masters Law Group

Masters Law Group understands that divorce is a stressful situation and that our clients want to move on with their lives. As such, we move through settlement negotiations, mediation or litigation with our clients assurance and wellbeing in mind.

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

Divorce cases involving substantial assets or complex estates require specialized knowledge.  Masters Law Group is skilled at identifying and valuing assets and wealth, including real estate, securities, business interests, retirement funds, pension plans, tax shelters (domestic and foreign), overseas accounts, stock options, trusts and other actual or potential sources of wealth.

Contact us here today to set up a consultation.

 

 

 

Protecting Your Business During a Divorce.

Under Illinois law, all marital property is subject to an equitable division between spouses. That includes all assets and debts acquired during the marriages, including income earned by efforts of either spouse. Meaning if you started a business during the marriage, it’s likely marital property.

The last thing you want to happen during a divorce is lose half of the business you’ve worked so hard to build. It’s important to put a protection plan in place that may help prevent a contentious situation between you and your spouse.

In Illinois, there are three main ways to protect your business during a divorce.

Prenuptial or Postnuptial Agreement

A formal agreement can help facilitate a resolution and ease anxiety for both parties at a time when emotions are likely running high. It’s best to consult an attorney to ensure appropriate disclosures are made because in Illinois, prenuptial or postnuptial agreements are not enforceable if either party did not provide a reasonable disclosure of their debts and assets.

If it’s found that you significantly undervalued the business, you could be accused of fraud and the agreement will be invalidated. For that reason, it’s also a good idea to get the business valued by a qualified business appraiser.

Providing Documentation

Even without a pre or postnuptial agreement, there are several steps to protect your business during a divorce.

  • First, you can establish yourself as the sole owner of your business by making sure the organizing documents for the firm clearly specify that the business cannot be transferred in the event of a divorce. In this case a cash award may be made to the non titled spouse.
  • Second, keep your business and personal expenses clearly separated. Untangling commingled funds adds unnecessary complexity for advisors and could be detrimental to the settlement.
    It’s important to keep clear records of both capital sources for the business, as well all cash transactions.
  • Lastly, if your spouse works at your business, even in a minor capacity, it’s essential they were paid market rates for their services. Otherwise, they may seek a higher percentage of the company’s value.

Seek Advice from an Experienced Divorce Attorney

One of the best things you can do is contact a divorce attorney early in the predicament who is experienced in handling divorces for business owners.

At Masters Law Group, we understand how stressful a divorce can be. That’s why we move through settlement negotiations, meditations or litigations with our clients assurance and well being at top of mind. We’re skilled at identifying and valuing assets and wealth, including real estate, securities, business interests, retirement funds, pension plans, tax shelters, overseas accounts, stock options, trust and other actual or potential sources of wealth.

If you are looking to explore your options on divorce or legal separation with professional and experienced advisors, contact Masters Law Group to schedule an appointment here.

Filing for a Divorce in Illinois

If a breakup is in your future, you’re probably wondering where to start when it comes to divorce proceedings. You may also be worried about legalities, how much time it will take, and whether you’re making the right move. 

No one enters into a marriage expecting it to fail. Still, more than 20 percent of first marriages end in divorce within five years, and 48 percent of marriages dissolve by the 20-year mark, according to data from the government’s National Survey of Family Growth.

If you’re contemplating divorce in Illinois, you’ll need to follow certain procedures to start your case. You can file for divorce on your own or with the recommended help of a family law attorney. Here, Masters Law Group outlines the process of divorcing and some helpful information to assist you along the way.

*Each state in America has its own laws regarding terminating a marriage. The following steps will help you get a head start on your divorce proceedings in the state of Illinois.

Getting Started

Asides from contacting your Illinois-based family law attorney, as soon as one or both parties decide that divorce is absolutely the only answer, the first step is filing the paperwork with your local court clerk. The forms you complete may vary from county to county, so it is important that you do some research based on where you live. Wherever you live, however, you will need to file what is called a “petition for dissolution of marriage.” The forms are a bit different if you have children. For example, you will need to file a joint parenting agreement, uniform order of support, and visitation forms if you have children. You can also find other required forms on the Illinois court website.

Historically, the state offered two types of divorce: fault-based and no-fault divorces. Today, irreconcilable differences are the only grounds for divorce in Illinois, meaning Illinois is a no-fault divorce only state.

You must meet certain requirements before you can be granted a divorce in Illinois. These are:

  • Your divorce must be due to “irreconcilable differences;” and
  • You or your spouse must have lived in Illinois for at least 90 days prior to starting your divorce proceedings.

There is a “separate and apart” waiting period intended to allow the parties to cool down and reconsider the decision to divorce. In Illinois, this is a period of six months. You can waive this waiting period by written agreement.

Although the law specifically prohibits judges from analyzing fault when dividing property in a divorce, judges may evaluate whether or not one spouse dissipated marital assets during the marriage.

Contested Divorces

A contested divorce happens when both spouses want a divorce but can’t agree on some of the terms of the divorce, like custody and spousal support. It can also occur if the spouse does not respond to the divorce petition.

In contested divorces, the judge may order you to go through additional steps like divorce mediation. The mediation can result in an agreed settlement between the parties.

If mediation doesn’t work, your case will go to trial, and the judge will make the final determination on specific issues you and your spouse couldn’t agree on.

Alternative Procedures

If you and your spouse don’t have any children, have little money, and agree on everything, Illinois courts may allow you to have what is called a joint and simplified divorce.

You and your spouse can file a Joint Petition for Simplified Dissolution of Marriage if:

  • no spousal support (alimony) will be paid
  • no-fault grounds are used
  • there are no children and the wife is not pregnant
  • you have not been married more than 8 years
  • neither of you have any real property
  • the total equity in your marital property is less than $10,000
  • the combined annual income of you and your spouse is less than $35,000
  • neither of you earn more than $20,000 annually
  • you both disclosed your assets and tax returns for the years you were married, and
  • you and your spouse have a written agreement dividing all of your property in excess of $100 in value, and allocating who will be responsible for each debt owed.

If you don’t meet the requirements for the Simplified procedure, but you and your spouse are in agreement on all matters, you may still file an uncontested divorce using the standard procedure.

Legal Separation

Illinois is one of the states that recognize legal separation. Legal separation does not permanently end the marriage. However, a judge must approve the separation agreement, which defines the spouses’ legal rights and obligations.

For individuals with religious concerns or insurance issues who may be discourage from seeking a formal divorce a legal separation could be the preferred course of action.  With a legal separation, many of the same issues determined in a divorce can be adjudicated, but without the finality of a legal divorce being granted.

This is a good option if you don’t want a divorce but want to live separately and want legal clarification on matters concerning child custody, child support, child custody, and property division.

Civil Union Divorce

Civil unions allow two adults, of either the same or opposite sex, to enter into a legally recognized relationship. Several unique issues can arise during the process of establishing or dissolving a civil union, so it is vital to have a knowledgeable lawyer to guide you through every step.

Dissolving a civil union is nearly the same as dissolving a marriage. Any couple who wishes to dissolve a civil union will be able to do so in the State of Illinois. To receive a certified copy of a Dissolution of Civil Union records, an interested couple will need to go to the county circuit court clerk where the civil union was granted.

Getting the Help You Need with Masters Law Group

Even a no-fault divorce is a complicated legal process, particularly when children or high assets are involved.

Whether you are facing a contested divorce, uncontested divorce, or a civil union divorce, the experienced attorneys at Masters Law Group are ready to skillfully advocate for your position and provide your voice when you need it most.

Masters Law Group is skilled at identifying and valuing assets and wealth, including real estate, securities, business interests, retirement funds, pension plans, tax shelters (domestic and foreign), overseas accounts, stock options, trusts and other actual or potential sources of wealth.

If you are seeking answers to questions regarding divorce, separation, child support and other matters, contact Chicago’s premier family law group here today to schedule a consultation.

Divorce Disputes: Know Your Rights

Divorce can be an extremely emotional time. On top of this, couples need to decide how to split their assets, including money, the marital home and the custody of the children.

The divorce process is stressful and can easily bring out the worst in people. Although divorce can get you out of an unhappy marriage, it can also leave you high and dry if you don’t know your rights.

Emotional vs Financial Decisions

Divorce professionals will tell you that it’s best to approach your settlement discussions as a business discussion; but how do you take your emotions out of your divorce negotiations?

Fear, anger, sadness, loss. While you should let yourself feel all of these emotions and seek out the support you need to get through the hurt, when it comes to the divorce process itself, controlling your emotions is key to getting the outcome that you are looking for.

Reasons why these discussions need to be more about business than emotions include:

  • The legal system is not set up to resolve disagreements based on moral arguments, but bound by statutes and case law and these likely will not provide resolution for the wrongs you’ve experienced.
  • Decisions based on emotions are not the best long term or even short term decisions. For example a fight over a home you can’t afford to upkeep will only harm your financial future.
  • You could easily end up regretting your emotional decisions further down the line. For example you realize something you are fighting for is harming the welfare of the children.

Letting go of those feelings during the divorce process not only helps keep the focus on protecting your legal rights, but it also gets rid of those old hopes and dreams so you can start building new ones for the future.

If your marriage has any complicated issues to settle (see below), a family law attorney can be an invaluable resource.

Spousal Support/Alimony

While divorce may end a marriage, it doesn’t necessarily end the obligations of one spouse to another. Oftentimes, one spouse is able to receive spousal support, or alimony, to help them establish a new, post-divorce life.

The court will award financial assistance based on factors such as the duration of the marriage, each person’s earning capacity, contributions to the household and physical health of the recipient.

There are five different types of alimony that may be awarded:

  • Rehabilitative Alimony: Granted for a specified time period. It provides the recipient with the funds to obtain the job skills and education needed for him or her to become self-sufficient.
  • Lump-Sum Alimony: A one-time, fixed payment and is often granted in lieu of a property settlement. The amount awarded is equal to the total of future monthly payments.
  • Permanent Alimony: Which continues until the recipient remarries or either payor or payee dies. The payments may be adjusted due to changes in financial circumstances.
  • Reimbursement Alimony: The dutiful spouse who works full time to put her partner through school and is divorced shortly after is a candidate for reimbursement alimony. As the name implies, this support reimburses one spouse for expenses incurred in helping the other complete an education or training program.
  • Temporary Alimony: Temporary alimony is sometimes paid when a couple separates but the divorce is not final. The parties execute a written marital separation agreement stipulating how much and when payment will be made.

Property Disputes

When the court grants a divorce, property will be divided equitably (not always equally) between the two spouses. This is decided under the Equitable Distribution Law. During the divorce both spouses have to tell the court about their income and any debts they owe. There are two different types of property for the purposes of a divorce. Property that the couple bought during the marriage is called “marital property”. Property that belonged to you before the marriage or was a gift to just you from someone other than your spouse is called “separate property”. Marital property can be divided between the two spouses. Rather than using an automatic 50/50 split, an Illinois judge will consider all relevant factors in deciding what kind of property division is fair.

There’s no hard and fast rule for who gets the house in an Illinois divorce. In cases where a couple can’t afford to keep the marital home, a judge will order the house to be listed and sold as soon as possible so that the couple could divide the proceeds.

Child Custody

Probably the most contentious and emotionally difficult aspect of a divorce is deciding on custody of the children.

In an Illinois divorce or custody case, either parent may request custody, or both parents may agree to joint custody.

You may also ask the court to determine custody in other situations, including:

  • If you are not married to the other parent but need to determine custody of a child.
  • If you want to be the legal guardian of a child.
  • If you need to determine who the parent of your child is.

Parents may share legal custody, or legal custody may be vested in one parent (i.e. sole legal custody). While it is possible to share residential custody, such arrangements are oftentimes impractical or would impose too much stress on their children.

Child custody cases are intensely fact specific, and it is important to speak to an experienced family law attorney before letting emotions or fear dictate your decisions should you be faced with a custody battle.

Alternative Dispute Resolution (ADR) and Divorce

Despite what you hear and see on television, most legal disputes never make it to court and are usually resolved by a settlement outside of court proceedings.

Resolving divorce issues listed above can happen without lengthy and expensive litigation. More couples are now going with alternative dispute resolution (ADR) to end their marriages. The popularity of mediation has shifted the role of divorce attorneys from representing their clients in a legal battle to acting as divorce mediation lawyers to help clients achieve mediation success. In this new role attorneys can serve as a lawyer coaches, legal consultants, and legal advisers in the divorce mediation process.

ADR may prove to be a beneficial tool in resolving your divorce and related issues, depending on factors such as the degree to which you and your spouse are in dispute on key issues, and your willingness to work together to resolve those issues.

Get the help you need

Unfortunately, while it is always possible to represent yourself in a divorce case, it may not always be advisable.

Masters Law Group understands that divorce is a stressful situation and that our clients want to move on with their lives. As such, we move through settlement negotiations, mediation or litigation with our clients assurance and well-being in mind.

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

Divorce cases involving substantial assets or complex estates require specialized knowledge. Masters Law Group is skilled at identifying and valuing assets and wealth, including real estate, securities, business interests, retirement funds, pension plans, tax shelters (domestic and foreign), overseas accounts, stock options, trusts and other actual or potential sources of wealth.

Schedule a Consultation today to learn more about how we can assist as your Divorce Mediators and Attorneys.