As someone currently embroiled in an Illinois divorce, you may be working through a broad range of issues, many of which will undoubtedly include dividing up your assets and debts. This is typically an unavoidable part of any divorce, but the process can prove far more complicated and involved for some couples than others.
What you should know about separate property
Filing for divorce and going through the tedious process can be overwhelming. Not only are you dealing with the emotions involved with separating from your spouse, but you must also divide all of the property that was accumulated during your marriage. It can be difficult to make these important decisions while dealing with these emotions. Yet it is important to understand that you may not have to part with all of your earnings and possessions. You may keep items classified as separate property, as these types of property and not eligible for division in a divorce.
What is a QDRO?
If you and your spouse contemplate obtaining an Illinois divorce and one or both of you have significant retirement accounts, you should familiarize yourself with QDROs. As reported in Reuters, QDRO stands for Qualified Domestic Relations Order, the name of the document that most pension plans require you to have your attorney draft if either you or your spouse wishes to receive post-divorce distributions from the other’s retirement account.
Who gets the dog in an Illinois divorce?
Once upon a time, Illinois courts treated pets just like any other piece of property in divorce and gave family animals to one side or the other. However, that all changed in January of this year, when lawmakers decided that judges who preside over divorce cases can take into consideration the welfare of companion animals when determining "pet custody."
What are a grandparent’s rights in Illinois?
Grandparents play a huge role in children’s lives and often contribute to the overall emotional stability of their grandchildren. Regardless of how important grandparent figures are, however, Illinois is one of the most pro-parent, anti-grandparent states in the country. Despite that, however, it too has a series of factors, standards and requirements within its statutes that courts consider before choosing to award, or not to award, grandparent visitation rights.
How Illinois determines spousal maintenance
As someone currently involved in an Illinois divorce, or someone considering filing for an Illinois divorce, you may be wondering whether you will be able to reasonably support yourself in the absence of your spouse. More specifically, you may be wondering whether you will qualify for spousal maintenance in the aftermath of your divorce, or whether you might have other options available to you. At the Law Office of Kerley & Associates, we have a comprehensive understanding of how Illinois determines spousal maintenance, and we have helped many clients making their way through divorces navigate these and similar issues.
Should a forensic accountant be on your divorce team?
As you and your spouse contemplate obtaining an Illinois divorce, you may have the uneasy feeling that (s)he will hide, or already is hiding, marital assets from you so as to take unfair advantage of you when it comes time to draft a property settlement agreement. Unfortunately, asset hiding represents a not uncommon practice among greedy or vindictive spouses, especially high-asset ones.
Will my child support spending be monitored?
You may have many questions when you are newly divorced, especially regarding visitation and child support. If you are one of the many single parents in Illinois to receive child support, you might be worried that the courts or your ex-spouse will monitor how you spend the money or ask to see receipts. Understanding how child support spending works can give you peace of mind.
What constitutes a “fair and equitable” property settlement?
As you begin your Illinois divorce process, one of the most important things you and your spouse must do is to arrive at a fair and equitable property settlement agreement. However, what may be fair and equitable in one couple’s divorce may not be so in your divorce. In other words, while guidelines exist, “fair and equitable” is unique to your own situation.
Is your spouse committing financial fraud?
As you begin thinking about the possibility of an Illinois divorce, you likely have many things to worry about: custody and visitation of your children; spousal support; and equitable division of your marital property. And underneath all this, you may have the uneasy feeling that your spouse may be attempting to hide assets from you.
