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Recent Blog Posts
Is My Wife's Large Inheritance Subject to Division in Our Illinois Divorce?
There is no such thing as an easy divorce. One issue many couples face during divorce is the distribution and division of assets. Illinois courts have specific laws in place that explain how marital assets are distributed during a divorce, and understanding how these laws apply to your situation can help you make better decisions during your divorce proceedings. To ensure you know your rights, contact a divorce lawyer to see what will and what will not be subject to division in your divorce.
What to Know About Divorce and Inheritance
An inheritance one spouse receives during a marriage is typically considered separate property, which means it is not subject to division during a divorce. However, in some cases, inherited property can be regarded as marital property and thus be subject to division.
For example, if the inheritance is commingled with marital assets, it can be challenging to differentiate between what is separate and what is marital property. This often occurs when the inheritance is deposited into a joint bank account and then used to make purchases or pay bills related to the marriage. In such situations, a court can presume the inheritance is marital property and subject to division unless the spouse who received the inheritance can prove that they did not intend it to become marital property.
In What Ways Can Social Media Help or Hinder Divorce Proceedings?
There is no question that social media has rapidly become synonymous with everyday life. From posting vacation pictures to sharing personal updates, many of us cannot imagine a day without scrolling through our newsfeeds. However, regarding divorce cases, social media can be a significant source of trouble. From revealing embarrassing information to showcasing questionable behavior, social media can do more harm than good in many scenarios. But are there cases where social media could benefit you during divorce proceedings?
You may be surprised to learn that there are ways social media can be beneficial for you during divorce proceedings. Yet, to ensure you do not make any foolish or costly decisions during your divorce proceedings, always consult with your divorce attorney whenever you have any questions about how you should conduct yourself as the divorce is going on. Attorneys are excellent resources to rely on as you work through the divorce process.
Is It Illegal to Go Through Your Spouse’s Phone?
Going through your spouse’s phone can be extremely tempting. In one way or another, most people have felt the urge to invade their spouse’s privacy to learn about their secrets and thoughts or even to uncover evidence of a marital affair. But when dealing with a divorce, emotions can be raw and overwhelming, leading people to act impulsively. One question that arises is whether going through your spouse’s phone is legal.
Illinois is considered a “no-fault” divorce state, meaning neither spouse must prove fault or wrongdoing to get a divorce. However, that does not mean all actions are legal during a divorce. In fact, Illinois has strict laws regarding the invasion of privacy, which can include going through someone’s phone or computer without their consent. That is why it is so important that as you proceed with your divorce, you should always consult with a divorce attorney when you have any questions or concerns about anything related to legal matters. Your lawyer will provide legal guidance to ensure you can make sound decisions.
Differences Between Infidelity and Adulty and Their Potential Impact on Divorce
Regarding marital issues and divorce, the terms “infidelity” and “adultery” are often used as if they are the same thing. However, there is a legal difference between them, and it is important to understand what the difference is, particularly in Illinois, which is a no-fault divorce state. As always, if you are getting a divorce, get in touch with a divorce lawyer to obtain legal representation as you look to dissolve your marriage.
What is Infidelity?
Infidelity, or marital misconduct, is a broad term that covers a range of behaviors that can damage the marital relationship. This can include emotional affairs, such as having a close relationship with someone outside of the marriage, or physical affairs, such as kissing, embracing, or sexual activity with someone other than your spouse. Infidelity can also include financial misconduct, such as hiding assets or draining the marital estate.
What is Adultery?
Division of Assets: Is Illinois a 50/50 Divorce State?
When it comes to divorce, one of the most significant issues that must be addressed is the division of assets. In some states, this division is based on a principle known as community property, which means that all assets acquired during the marriage are considered joint property and must be divided equally between the parties. However, in other states, like Illinois, the division of assets is based on a principle known as equitable distribution, which means that the assets are divided in a fair and just manner, but not necessarily equally. Contact a divorce attorney to ensure your rights are protected through the property division process and all other issues as well.
What to Know About Illinois and the Division of Assets
Under Illinois law, the court is required to consider a number of factors when dividing marital property, including the length of the marriage, the income and earning potential of each spouse, and any contribution that either party made to the acquisition, preservation, or increase in value of the marital estate, among other factors. While the court is not required to divide property equally, it is required to divide it in a fair and just manner based on these factors.
Why Would a Spouse Want to Hide Assets During a Divorce?
Divorce can be complicated and challenging, particularly when dividing significant marital assets. In Illinois, marital property is subject to equitable distribution, meaning it must be divided fairly, not necessarily equally, between spouses. However, in some cases, one spouse may attempt to hide assets to avoid having them included in the property division. If you believe your spouse is trying to hide assets from you, do not hesitate to contact an experienced attorney to help ensure your rights are protected and that a fair settlement can be pursued.
Here Are the Reasons Why Someone Would Want to Hide Assets During a Divorce
Many reasons exist as to why someone would want to hide assets, including:
- To keep more money – One of the most common reasons a spouse may want to hide assets during a divorce is to keep more money. By hiding assets, a spouse can avoid having them included in the division of property, which may result in a larger share of the marital assets. For example, a spouse may transfer funds to a secret account or transfer ownership of a valuable asset or property to a friend or family member.
What Is an Uncontested Divorce?
An uncontested divorce is a type of divorce where both spouses are in agreement on the divorce terms. These terms may involve the division of property, spousal support, child custody, and child support. This type of divorce can be less stressful, time-consuming, and expensive than a contested divorce. If you want to pursue an uncontested divorce, contact an experienced divorce attorney to start the process. Remember, while the divorce may be uncontested, it is still strongly recommended that you retain the services of an attorney to ensure your rights and interests are safeguarded throughout the process.
Advantages of an Uncontested Divorce
Everything You Need to Know About Postnuptial Agreements
Postnuptial agreements are legal documents that spouses sign after they get married. They are similar to prenuptial agreements, which couples sign before marriage, but postnuptial is signed after the wedding. Many misconceptions exist about postnuptial agreements. If you are interested in signing one, there are essential things you must keep in mind before you make the decision. In any event, an experienced family law attorney can help walk you through the process to ensure the process can be smooth.
What Exactly is a Postnuptial Agreement?
Essentially, a postnuptial agreement outlines how assets and debts will be divided in case of a divorce. It can also address issues such as spousal support and how property will be managed during the marriage.
Why Sign a Postnuptial Agreement?
Couples sign a postnuptial agreement for a variety of reasons. Sometimes, they realize that they should have signed a prenuptial agreement before getting married but, for whatever reason, did not. Other times, couples sign a postnuptial agreement to protect their assets acquired after they got married or address issues that have arisen during the marriage, such as infidelity or substance abuse.
Navigating Easter During a Divorce: Tips to Make the Holiday Easier
Easter is a time for renewal and hope, but it can also be challenging for those going through a divorce. Therefore, navigating this time with grace and understanding is essential to make the best of this difficult situation. Today, we will discuss considerations for ways to cope and successfully get through holidays like Easter. Holidays can be stressful for anyone, particularly those going through a potentially tumultuous divorce. Remember, retaining the services of an experienced divorce attorney can make this time of year easier because chances are, they have had clients in the past with similar concerns to yours. As a result, they will be better apt to provide ways families can make it through a holiday while keeping their emotional well-being intact.
Six Tips to Make it Through Easter
Here are some tips to help you cope with Easter while going through a divorce, including:
- Plan – Planning is crucial for managing any holiday during a divorce. Communicate with your ex-spouse about arrangements for the children (if applicable) and decide how to divide the time fairly. A clear plan can help alleviate stress and ensure a smoother experience for everyone involved.
Understanding and Recognizing Non-Physical Forms of Domestic Violence
When most people think of domestic violence, they think of physical violence. However, it is essential to understand that domestic violence can take many different forms, not all of which are physical. Non-physical forms of domestic violence can be just as damaging as physical violence and can affect anyone regardless of gender, age, or socio-economic status. Today, we are going to review the non-physical forms of domestic violence. If you feel under threat of domestic violence, do not hesitate to contact a domestic violence hotline, a family law attorney, and the police, as your safety and the safety of your children must be considered a top priority.
Non-Physical Forms of Domestic Violence
The first form of non-physical domestic violence is emotional abuse. Emotional abuse can take many forms, including verbal insults, intimidation, and isolation from family and friends. Sufferers of emotional abuse may suffer from low self-esteem, anxiety, and depression and may feel trapped in their relationship. Sadly, emotional abuse can be hard to recognize and prove, and many sufferers may not even realize they are being abused.
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