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Recent Blog Posts

Divorce Involving False Allegations of Spousal Abuse

 Posted on March 21, 2023 in Divorce

Kane County Family Law AttorneyIf you are getting divorced and your spouse has accused you of domestic violence or abuse, you may not know where to start. Most people getting divorced have little experience in the court system, and they are not sure what to expect or how to handle this challenging situation.

One of the first things you need to do if your spouse accused you of abusing him or her is to secure reliable legal counsel. Your lawyer will be able to provide customized advice specific to your case and ensure that you address these allegations in a way that does not aggravate the situation.

How Accusations of Abuse Can Affect Your Case

Illinois is a no-fault divorce state, so the accusations of abuse will not be listed as grounds for divorce in the divorce petition. Furthermore, Illinois law states that court decisions regarding spousal support or property division will be made without regard to “marital misconduct” such as abuse or infidelity.

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How do Subpoenas Work in a Divorce Case? 

 Posted on March 15, 2023 in Divorce

DuPage County Divorce LawyerDivorce cases vary significantly in complexity. When spouses own few assets and are willing to cooperate with each other and comply with the divorce process, the marriage can be dissolved with relative ease. However, high-asset divorce cases and high-conflict divorce cases are rarely this straightforward.

Divorce lawyers have many different legal tools at their disposal during a divorce case. One such tool is a subpoena. Subpoenas are court orders requiring individuals to appear in court and provide testimony or documents related to the case. In a divorce setting, they can be used to compel a spouse to turn over financial records, produce emails and text messages, or give statements about their marital assets.

When and How Are Subpoenas Used in a Divorce?

Subpoenas can be used in cases when a spouse is uncooperative or refuses to divulge truthful, complete information. For example, a spouse who refuses to provide financial documentation showing his or her income may be served with a subpoena. Subpoenas may be served to individuals or businesses, such as banks or cell phone companies.

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Factors to Keep in Mind When Dividing Property in a High-Asset Divorce Case

 Posted on March 14, 2023 in Divorce

Kane County High-Asset Divorce LawyerMany people are under the assumption that financial wealth will greatly reduce if not eliminate most problems in life. In reality, people with substantial income and assets often face a greater number of complex challenges – especially during divorce. If you are entering into a high-asset divorce, make sure you understand what to expect and how to prepare for these challenges. Because the stakes are so high in a case like this, working with a skilled high-asset divorce attorney is recommended.

Asset Valuation is the First Step

Before you and your spouse can begin to address property division, you must know the full financial picture. Accurate, professional asset valuation is crucial in a high-asset divorce case. Make sure you understand the current value of your stocks, stock options, retirement accounts, real estate, and investments. Do not forget to get appraisals for difficult-to-value assets such as fine art, jewelry, or collectibles.

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Can Someone Other Than a Parent Get Visitation With a Child? 

 Posted on March 10, 2023 in Family Law

Kane County Divorce LawyerVisitation or parenting time refers to the time a parent spends caring for his or her child. In Illinois, parenting time is typically divided between unmarried parents or divorced parents. For example, one parent is responsible for the child Monday through Wednesday, while the other parent is responsible for the child Thursday through Sunday.

However, there are situations in which a court may grant visitation to an individual who is not the child’s biological parent. If you are a grandparent, great-grandparent, sibling, or step-parent interested in receiving court-ordered visitation with a child, read on.

Illinois Laws Regarding Visitation for Non-Parents

Family dynamics can be extremely complicated. Some people find themselves in a situation where they are not allowed to see a child who is very important to them. The child may be their grandchild, brother or sister, or even step-child. For example, an intense argument between family members may result in a parent refusing to let the child see certain family members.

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Getting Divorced When a Spouse Has Money in an Offshore Account

 Posted on March 08, 2023 in Divorce

DuPage County High Net Worth Divorce LawyerMost people have bank accounts in the country in which they primarily reside. However, it is not uncommon for high-income individuals to have "offshore accounts" in the Cayman Islands, Switzerland, Belize, or other countries. Although we often hear the term "offshore account" in conjunction with illegal activity in news stories, having bank accounts in other countries is perfectly legal. However, overseas accounts are sometimes used to hide assets during a divorce case.

Overseas Bank Accounts in Your Illinois Divorce Case

An offshore bank account may be used to reduce an individual's tax burden or make international business transactions easier. However, offshore accounts are also sometimes used to hide money from the Internal Revenue Service (IRS). Similarly, some divorcing spouses hide money in an offshore account to avoid dividing the funds during a divorce.

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Post-Divorce Modifications: What You Can and Cannot Change in Illinois

 Posted on March 06, 2023 in Divorce

Kane County Divorce LawyerIf one thing is certain in life, it is change. People change jobs, get divorced, remarry, and move to new residences. As life events unfold, the circumstances that gave rise to certain court orders may also change. Consequently, some individuals find themselves in need of changes to their divorce decree. When it comes to making modifications after a divorce, modifications are possible in many situations—but not all.

Modifying Child Custody After a Divorce

Your parenting plan outlines each parent's rights and responsibilities regarding the care of your children. When it comes to changing a parenting plan after a divorce, Illinois law allows modifications if it is in the best interests of the child. However, Illinois courts do not want parents changing the parenting plan frequently because this can be hard for children to adjust to. If it has been less than two years since you got divorced or last modified the allocation of parental responsibilities, you can only modify parental responsibilities if the child is in serious risk of harm.

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Who Gets to Claim Children as Tax Dependents After a Divorce?

 Posted on February 28, 2023 in Divorce

IL divorce lawyerSome of the major benefits of marriage are the federal tax benefits that come along with being able to file married jointly. When a married couple shares children, the tax credits and exemptions they can claim are usually even higher and are often enough to make a significant difference in a couple’s financial situation in any given year. When a couple gets divorced, however, several questions about taxes and children arise. Unlike most questions about taxes, getting the answers to these questions is not always a simple matter of consulting an accountant because certain issues require making decisions in advance and with the approval of a court.

Which Parent Can Claim a Child as a Dependent?

Only one parent can claim a child as a tax dependent in any given year and wrongfully claiming a child as a dependent can land a parent in serious trouble with the IRS. This means it is important to proactively make an agreement with your ex during the divorce process and it is equally important to stick to the agreement, even if you dislike it. Parents may decide to switch off years during which one parent can claim all children as dependents, divide the children between themselves so each parent claims a child or two every year, or simply have one parent claim all the children every year.

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How Do High Asset Divorces Differ From a Typical Illinois Divorce?

 Posted on February 28, 2023 in Asset Division

IL divorce lawyerDivorce is a complicated and emotionally fraught process, but for couples with a high net worth or who have high-value assets to divide, the divorce process can be even more complex. Careful planning is often necessary to ensure that both partners have access to relevant financial information so that an equitable asset division can be arranged. Furthermore, even issues that are not related to asset division, such as child support, can be affected by exceptionally high incomes. If you are in the beginning stages of divorce and are looking for help from a great team of highly experienced high net worth divorce attorneys, read this blog for a brief overview and then contact Goostree Law Group.

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Appraising Your House is an Important Part of Divorce

 Posted on February 22, 2023 in Property Division

wheaton divorce lawyerGetting divorced is a complex process with many moving parts. Each of these parts - such as child custody, alimony, and asset division - has subsequent pieces of its own that require careful attention and management throughout the divorce process. Of all the things that must be decided during divorce, asset division has the potential to have the most long-term consequences, as the financial future of a divorcing couple can be highly influenced by the outcome of their property division agreement. This means assessing the correct value of assets is essential, and, because the family home is often the most valuable asset a couple owns together, an accurate home appraisal is necessary.

How Do We Get Ready to Have Our House Appraised?

A professional appraiser will come to your house, look at its interior and exterior, compare it to other homes in the area that have recently sold or are up for sale, and estimate the value of your home accordingly. You can influence the value of your home by preparing for the appraisal process by:

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How Can I Protect My Privacy During Divorce?

 Posted on February 22, 2023 in Divorce

IL divorce lawyerDespite the sense that everyone today lives primarily on their phones and shares every detail of their lives through social media, many people still prefer to take a quiet, less public approach. Furthermore, certain people - such as local and national political representatives, celebrities, and leaders in major companies - have a vested interest in maintaining privacy as much as possible.

Divorce can pose a challenge to those who prefer to maintain privacy, especially if the divorce is acrimonious or the couple’s relationship has been subject to public scrutiny. However, there are ways to protect the privacy of individuals getting divorced, as well as the privacy of their children. Read on and then contact an Illinois high profile divorce attorney for help.

Strategies for Keeping Divorce Private

One of the best strategies for people going through a divorce and hoping to keep it private is to stay off social media. Even if you think you have your profile on the most restrictive settings, it is easy for someone to see and share information that you thought would stay among family and close friends. Instead, experts suggest that divorcing spouses refrain from sharing anything on social media at all, including seemingly harmless photos of themselves out on vacation, shopping, or at dinner. If the divorce gets hostile enough, just about anything can be used as an evidentiary weapon.

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