Posted on April 17, 2023 in Divorce

When two people get married, they combine their lives as well as their possessions. “Yours” and “mine” becomes “ours.” This can make it very difficult to determine who owns what during a divorce. If you or your spouse own jewelry, you may wonder how this particular type of asset is dealt with during an Illinois divorce. Jewelry can not only have great financial value, it often has tremendous sentimental value as well. Asset division can be tricky and determining ownership of a piece of jewelry is not always easy. Read on to learn more.

Marital and Non-Marital Property

In an Illinois divorce, marital property typically includes property that was obtained between the start of the marriage and the separation or divorce. However, it is not always this straightforward. If a spouse acquired a piece of jewelry through an inheritance, it does not matter when he or she inherited the asset, it is a non-marital asset. For example, if your mother passed away and you inherited her wedding rings, the rings belong solely to you.

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 Posted on April 14, 2023 in Divorce

It is hard to know when a marriage is truly over. Many couples go through rough times but are able to reconcile and work out their differences. For other couples, the differences are too great to overcome. Determining when reconciliation is possible and when it is time to end the marriage is not easy. In some divorce cases, the court may require the couple to attend a conciliation conference. The purpose of this meeting is to determine whether it is possible to salvage the marriage or whether it is better to continue with the divorce.

Determining Whether the Marriage Can Be Saved

Divorce is final so it is crucial that the couple is certain of the decision before proceeding. If there is a question as to whether the couple truly wants a divorce, a conciliation conference may be needed.

Conciliation conferences are often used when one spouse believes that the marriage can be revived. Either spouse may petition the court for a conciliation conference or the court may require the couple to attend a conciliation conference. The conference is essentially one last chance to save the marriage.

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 Posted on April 13, 2023 in Divorce

It is hard to even comprehend how much our society has changed in the past few decades. For example, a phone used to be something attached to a cord in your home which was capable of little more than making and receiving phone calls. Now, phones are devices we use to shop, browse the internet, manage financial affairs, and navigate the world around us. The technological advancements made in recent years have been a great benefit to society, but they can also be used as tools for abuse.

If your spouse is using technology to stalk you during your divorce, it can be incredibly frightening and unsettling. However, there are some steps that you can take to protect yourself and stand up for your rights.

Spying and Stalking During an Illinois Divorce

A huge part of any abusive relationship is control. When an abuser is losing control over his or her spouse, he or she may use various methods to continue the abusive behavior during a divorce. Stalking or spying on a spouse using technology is one of those methods. Spouses may use spyware on phones or computers, track GPS locations, or even use hidden cameras in order to follow their spouse’s every move.

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 Posted on April 10, 2023 in Divorce

When someone begins to consider divorce, well-meaning family and friends may give them outdated or inaccurate advice. Divorce laws vary from state to state. Furthermore, the laws change frequently. So, if someone got divorced in 2015, they may have divorced under a completely different set of laws than someone in 2023. It is important for anyone contemplating divorce to educate themselves about the current divorce laws. Consult an experienced divorce attorney for help.

Grounds for Divorce in Illinois in 2023

Grounds are the legal justification for a divorce. Illinois used to have fault-based grounds for divorce. For example, a spouse could assert mental cruelty or adultery as a basis for the divorce. Fault-based divorces are no longer available in Illinois. The only grounds for divorce is irreconcilable differences between the parties, which means that there are two people who no longer want to be married and cannot work out their problems. This is called “no-fault” divorce.

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 Posted on April 07, 2023 in Divorce

For business owners, the last few years have been some of the most challenging they have ever faced. COVID-19 lockdowns, supply chain interruptions, record-high inflation, and worker shortages have all had a ripple effect on small businesses.

Divorce is not just hard on couples, but also on the business they own together. When two married business owners decide to get divorced, deciding what to do with the family business is often a top concern. Many divorcing spouses wonder whether they can continue to run the business together after their divorce.

Legal, Financial, and Emotional Implications of Co-Owning a Business with an Ex-Spouse

Business owners have the right to enter into a business partnership with anyone they choose. The question of whether ex-spouses can co-own a business is not the primary question in a situation like this. The main question is whether the spouses should co-run a business.

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 Posted on April 06, 2023 in Family Law

Technology has become an integrated part of our everyday lives. It is not uncommon to see children using smartphones, laptops, tablets, and other electronic devices as well. When divorcing parents set up their parenting plan, it is a good idea to ensure that the parents are on the same page about child-related issues. Increasingly, technology has become a source of contention for parents. Some parents allow their children to use electronic devices at any time. Others strictly monitor their child's “screen time.”

To reduce the possibility of conflict in the future, parents are encouraged to discuss issues like these and work out a plan in advance. As you develop your parenting plan, make sure to consider the following technology concerns.

When Is a Child Old Enough to Have A Smartphone?

Unlike cell phones from previous decades, today's cell phones are capable of accessing the Internet, buying products online, making video calls, and much more. Parents should ensure that they are on the same page about smartphones. Serious conflict can arise when one parent buys the child a smartphone without the other parent's knowledge or consent. Whether your children are toddlers or teenagers, it is important for parents to discuss when their child will have a smartphone, who will pay for the smartphone, and any rules regarding the use of the phone.

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 Posted on March 30, 2023 in Family Law

Most people have heard of prenuptial agreements, but fewer are familiar with postnuptial agreements. Postnuptial agreements are similar to prenuptial agreements in that they provide a formal legal document that outlines how two spouses will handle their finances and other related matters during divorce. The difference between the two is that prenuptial agreements are signed before the marriage, while postnuptial agreements are signed after the couple has already been married. Postnuptial agreements can be incredibly helpful for couples facing uncertain financial futures or other issues. Here are five situations in which a postnuptial agreement may be beneficial.

Either Spouse Experiences a Financial Windfall or Loss

When one of the spouses suddenly experiences a financial windfall, such as an inheritance or lottery winnings, or suffers a major loss, such as the bankruptcy of a business venture they once owned, signing a postnuptial agreement can help protect both partners’ assets and financial future.

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 Posted on March 29, 2023 in Divorce

Divorce is never easy. However, some people experience significant challenges when initiating a divorce. For some spouses, simply finding their spouse and serving the divorce petition is the hardest aspect of the split. If your spouse has gone missing or you do not know their whereabouts, how do you get divorced? In this blog, we will discuss divorce by publication and when you may be granted a divorce without your spouse’s participation.

Ending Your Marriage When You Cannot Locate Your Spouse

The spouse who initiates a divorce is called the petitioner. Typically, the petitioner "serves" or delivers the divorce petition to the other spouse, called the respondent. The petitioner may also hire a sheriff or special process server to serve notice of the divorce to their spouse. However, if the spouse cannot be located the situation becomes more complicated.

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 Posted on March 27, 2023 in Divorce

The Holmes-Rahe Life Stress Inventory lists the most difficult life changes a person can go through and the relative amount of stress each change causes. Divorce is second from the top of this list. Only the death of a spouse is considered more stressful. It is no wonder that the divorce process can be emotionally and mentally challenging. One way to help ease yourself through this difficult journey is to consider working with a divorce coach. Here are five reasons why you might want to seek out the guidance of a trained professional during your divorce.

Compassionate Emotional Support When You Need it Most

The end of a marriage can cause a range of emotions from sadness to anger, and even numbness. A divorce coach provides an understanding ear as well as practical advice to help you cope with these feelings. While a divorce lawyer helps you with the legal and financial issues surrounding divorce, a divorce coach helps with the psychological and emotional aspects of the split.

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 Posted on March 22, 2023 in Divorce

For art lovers, an art collection is much more than an assemblage of art. It is an emotional connection, a source of pride and joy, and a representation of their investment in the world of art. Fine art may also be one of the most valuable assets a person owns. If you or your spouse have an expensive art collection and you plan to divorce, it is important that you understand how the artwork will be handled during the property division phase of the divorce process.

Classification and Ownership of Fine Art in a Divorce

Fine art may be classified as marital property or non-marital property in a divorce. If a spouse owned a piece of art before getting married, the artwork is typically non-marital property. Art may also be classified as non-marital property if it is excluded from the marital estate through a prenuptial agreement. If a spouse purchased or received a piece of art during the marriage, it may be classified as marital property in an Illinois divorce. If artwork is a marital asset, both spouses have an ownership interest in it, and the spouses will need to divide the value of the asset between themselves during the divorce.

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