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Recent Blog Posts
Divorce Tax Issues Including the Innocent Spouse Doctrine
Certain tax benefits are associated with filing a joint tax return for a couple considering or in the midst of a divorce. This can cause a couple to hold off on a divorce until after the new year or otherwise plan a divorce around tax considerations. Unfortunately, just as one spouse may hide assets during the division of marital assets, the spouse who is responsible for filing tax returns could underreport income on behalf of one or both spouses.
The spouse who had nothing to do with the underreporting could find his or her own tax refunds withheld in the future to satisfy a former spouse’s tax obligations. Along with joint tax returns, there are a number of tax issues that must be considered during a divorce, including how certain assets will affect each spouse’s tax burden, as well as how a business division affects taxes.
If you are uncertain how the division of assets during your divorce will affect your taxes or the taxes of your spouse, it is important to speak to a tax professional and an experienced Arlington Heights, IL, family law attorney.
Divorcing a Toxic Spouse When You Are Financially Dependent
Divorce is rarely easy in any sense of the word. Even couples who agree on the divorce and on most issues are likely to have some emotional bumps and bruises during the process. Unfortunately, many women are faced with an untenable choice: stay in a toxic, even violent marriage or leave and face the likelihood of poverty.
While all breakups are tough, financial dependence can trap one spouse in a toxic, even abusive, relationship. Domestic violence is about control, and there is no better way to exercise control over another person than by limiting his or her economic well-being.
One study found that almost 73 percent of domestic abuse survivors stayed with an abusive partner for financial reasons. At least half stayed at least two years longer than they wanted to because they lacked financial resources. If you are facing a divorce with limited financial resources, consider talking to an experienced Arlington Heights, IL family law attorney from Law Offices of Donald J. Cosley.
How Financial Infidelity in a Marriage Complicates Divorce
Financial infidelity is a term used to describe how married couples with combined finances may be less than truthful with one another regarding how marital funds are spent. For example, one partner may be hiding significant debt from the other, or one may be making large expenditures without discussing them with the other spouse. Financial infidelity naturally creates tension and distrust in a marriage and is often at least one of the reasons for divorce.
In one study, 54 percent of the spouses said if they found out their partner had taken on significant debt without their knowledge, divorce would be their first reaction. Excessive spending and lying about spending and debt are often symptoms of deeper issues in marriage, making money worries are one of the most common reasons for a divorce. If you are facing divorce, it is important that you have an Arlington Heights, IL divorce attorney who is a strong legal advocate on your behalf.
How Is Divorcing a Narcissist Different?
Although there are many "professional" definitions of a narcissist, anyone who has been in a relationship with a narcissist knows more than he or she wants to know about this particular personality type. While being married to a narcissist can range from challenging to traumatic, divorcing a narcissist is often an outright nightmare.
The narcissistic spouse will often attempt to drag out a divorce for the longest amount of time possible. This spouse is unlikely to care about his or her own additional divorce-related expenses so long as the other spouse is being "punished" for the divorce. Narcissistic spouses are also likely to use every tactic available to turn friends, family members, and even the other spouse’s own divorce attorney against him or her.
The best defense against a narcissistic spouse during divorce is to be fully prepared for every potential situation. Perhaps one of the most important steps you can take is to hire a highly experienced Arlington Heights, IL divorce attorney who has a good understanding of how to deal with a narcissist.
Obtaining or Restricting a Child’s Passport During Divorce
Parents who are involved in a contentious allocation of parental responsibilities may worry that the other parent could take the child out of the country. This is particularly true when one parent has citizenship in another country, and the other fears an attempt at child abduction. If you are in this situation, it is crucial that you have a solid understanding of Illinois passport guidelines for children.
Since the U.S. passport system is federal and administered by the State Department, the allocation of parental responsibilities is determined under Illinois state statute. Thanks to the intersection of federal, state, and even international law, issues with child passports can get complicated.
Knowing that you have the law on your side can be a comfort. Speaking to a knowledgeable Arlington Heights, IL family law attorney from Law Offices of Donald J. Cosley can give you further information regarding a potential child abduction.
Why Is There an Increase in Divorce After the Holidays?
Although the holidays are a time for family togetherness and traditions, there is another side to this Norman Rockwell picture. The first part of January is one of the busiest times for divorce attorneys, with the U.S. divorce rate climbing by almost a third during this time period. In fact, January is often known as the "divorce month," and the first working day after Christmas and New Year’s is often known as "D-day" because of the record numbers of spouses filing for divorce.
The U.K. has statistics that are much the same; a poll of more than 2,000 married spouses in the U.K. reported that one out of five couples polled planned to file for divorce after the holidays. This begs the question of why spouses wait until the holidays are over to file for divorce. Spending what is meant to be a happy holiday with a person you are planning to divorce seems less than festive.
How Many Times Will I Have to Appear in Court for a Divorce?
Divorce can be anxiety-inducing and stressful, even under the best circumstances. The necessity of appearing in court can wreak havoc on your work schedule and ability to meet the needs of your children. Even if your divorce is relatively simple or uncontested, you will still have to appear in court for certain actions. However, there are certain issues that can be handled by your attorney and for which you do not have to be present.
Any time a temporary issue is being litigated and the court requires evidence to be presented, you should be present. Even in a divorce that is settled outside of court, you are still likely to be required to appear in court for the finalization of the divorce. This is because the mere signing of a divorce settlement does not make you "divorced."
Only a settlement signed by a judge results in an actual divorce. The potential situations that will require your attendance in court are more fully discussed below. Speaking to an experienced Rolling Meadows, IL divorce attorney is a very positive step you can take to achieve the best outcome. An attorney from Law Offices of Donald J. Cosley can more fully answer your questions and explain the divorce process.
What Impact Does Domestic Violence Have on Divorce?
A new report from the Illinois Coalition Against Domestic Violence states that deaths from domestic violence in the state rose by 110 percent in 2023. This included 94 incidents of domestic violence that led to 120 deaths. In 2022, there were 57 deaths from domestic violence in the state of Illinois.
The majority of these deaths were caused by firearms, triggering the push for the passage of a bill called Karina’s Bill. This Bill would allow police officers to remove firearms when serving an order of protection on an accused abuser. Domestic violence has grown more pervasive in Illinois and across the nation.
As the victim of domestic violence, every aspect of your life and the lives of your children can be impacted, perhaps even more so when you file for divorce. Perhaps your spouse has a long history of domestic violence, and you are afraid he will hurt you or your children when you tell him you want a divorce.
What Are the Rights and Responsibilities of Unmarried Parents Under Illinois Law?
Illinois allocation of parental responsibilities hinges on the best interests of the child standard. The judge will always make decisions based on the best interests of the child, regardless of what the parents want. Parents who want a specific outcome in a hearing regarding parental responsibilities, parenting time, child support, or any other issue must show the judge that what he or she wants is in the best interests of the child.
Unmarried parents, like married parents, have certain obligations owed to their children, regardless of their marital status. There are specific laws in Illinois that govern parental responsibilities laws for unmarried parents. If you have questions regarding the determination of parental responsibilities, child, support, parenting time, parenting plans, or any other issues, it can be helpful to speak to an experienced Rolling Meadows, IL parental responsibilities lawyer from the Law Offices of Donald J. Cosley.
How Could Separate Assets Become Marital Assets?
During a divorce, one spouse may be unpleasantly surprised to find that assets he or she believed to be separate have become marital assets, subject to the equitable division of assets rule in Illinois. Without a prenuptial or postnuptial agreement in place, it is easier than you might think for a separate asset to become a marital asset.
Nine community property states remain in the U.S., with the remainder being equitable division states, including Illinois. Under equitable division rules, the marital assets will be divided fairly, although not necessarily equally. If you are concerned that assets you believed to be separate may have changed to marital assets, it could be beneficial to speak to an Arlington Heights, IL asset division lawyer from the Law Offices of Donald J. Cosley.
How are Separate and Marital Assets and Property Defined?
If you or your spouse owned an asset or property prior to your marriage, barring certain circumstances, it remains yours solely in the event of divorce. The same goes for gifts or inheritances given to one spouse either before or during the marriage and compensation for a personal injury received by one spouse (except for lost wages and medical bills). In theory, separate property remains the exclusive property of the individual spouse during divorce if the designation has not been inadvertently changed during the marriage. Marital assets include all assets and property acquired by either spouse or both spouses during the marriage.
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