Posted on July 06, 2024 in Divorce

Not all divorces are bitter and hostile. Some are relatively smooth and both spouses agree on all aspects of the divorce process, such as who should pay alimony, how to divide parental responsibilities, and how marital assets should be divided. This is called an uncontested divorce.

A contested divorce, on the other hand, is when spouses disagree on any elements of the divorce process. The couple may then be ordered to try to resolve their differences through mediation. If they cannot, they will proceed to litigate the issues in court.

In most contested divorces, spouses already live separately as they are going through the divorce process. A question that is sometimes asked, therefore, is whether one of the spouses must move away in a contested divorce. This article will discuss when a couple must separate and whether either spouse must change his or her residence. Keep in mind, however, that any questions about your specific divorce should be directed to an Illinois divorce attorney.

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 Posted on June 29, 2024 in Divorce

In marriage, spouses get to share everything. They share property, they share children, and they usually share income. They can also file joint tax returns for that income and claim their child as a dependent for tax refund purposes.

But when a couple decides to end their marriage, most things are divided in two. The spouses divide their property, split their time between their children, and no longer share income. They also file separate tax returns. The question, however, often is: which parent gets to claim the child as a dependent?

When it comes to how divorce may affect your taxes, it is best to consult with an Illinois divorce attorney. An experienced lawyer will be able to guide you through your options and connect you with tax professionals if necessary.

Can Both Parents Claim the Child as a Dependent?

Even though the child may be cared for by both parents, only one of them can claim the child as a dependent in a given year. The IRS does not allow both parents to claim the tax exemption. By default, the IRS grants the exemption to whichever parent has the majority of parenting time, also known as physical custody, with the child.

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 Posted on June 22, 2024 in Division of Assets

One of the most time-consuming parts of a divorce is property division, when the spouses divide their marital property between themselves. Illinois law defines marital property as assets that either spouse acquired during the marriage, with some exceptions. If a spouse bought or received something of value during the marriage, it usually belongs to both spouses and must be divided in a divorce.

Some divorces, however, involve complex marital assets. In these cases, the divorce process takes more time and may involve financial experts such as forensic accountants. Your Illinois complex asset attorney will work closely with these experts to make sure your assets are valued correctly and distributed fairly.

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 Posted on June 18, 2024 in Divorce

If you are headed toward divorce, you hope it will go as smoothly and quickly as possible. Unfortunately, many divorces that begin as uncontested and even relatively pleasant can quickly become hotly contested and contentious. Divorce can get complicated, particularly if there are certain factors involved. If you think your Illinois divorce could be difficult or complex, now is the time to speak to a highly skilled DuPage County divorce attorney. The sooner you have an experienced divorce attorney advocating on your behalf, the better outcome you are likely to have.

What Makes a Divorce More Complicated?

Having children virtually always complicates divorce, but laws exist to address this challenge.   Other complications may not have such clear rules. While every divorce is unique in one way or another, the following issues can place unexpected obstacles in your path.

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 Posted on June 07, 2024 in Divorce

The reason divorce is best done through a qualified Illinois attorney is because it involves a complex legal process. This process begins with filing a Petition for Dissolution of Marriage with the Circuit Court Clerk and ends with a divorce decree from a judge. But each step brings legal questions that many people do not know the answers to. For example:

• Do you need to be a resident of Illinois to file for divorce?
• Does your spouse need to be living in Illinois?
• What if you cannot locate your spouse?

This article will discuss those questions, along with the most basic one: are you eligible to file for divorce in Illinois?

Am I Eligible to File for Divorce in Illinois?

You must be an Illinois resident to get divorced in Illinois. This means you must have lived in the state of Illinois for at least 90 days. If that is the case, you can file a Petition for Dissolution of Marriage with the Circuit Court Clerk in the county you live in. You need to have a copy of the petition served to your spouse, who then has 30 days to respond.

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 Posted on May 30, 2024 in Divorce

Divorce is known for taking a massive emotional toll on the parties involved. Many spouses who get divorced experience the five stages of grief. Then, there is adapting to life after divorce. Adjusting to a parenting time schedule, for example — a schedule for dividing physical custody between the two parents — can be very difficult.

However, research has found that children are often even more affected by a divorce than their parents. Kids whose parents get divorced are more likely to:

• Act out

• Have trouble studying

• Have less healthy relationships

This is why many parents who get divorced sign up for family counseling. Children receive enormous emotional benefits from family counseling, which this article will discuss. Ask your divorce attorney to recommend a great family counselor.

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 Posted on May 26, 2024 in Divorce

Some divorces in Illinois are amicable, others are hostile. Some are so bitter that spouses try to use each other’s personal communications as evidence in court. If it gets to that point, it usually means that the relationship has been bitter for some time and such behavior could be expected.

If you expect that your personal communications with your spouse or recordings might be used against you in court, contact an Illinois divorce attorney right away. Sometimes these items can be used as evidence, but in some cases doing so can be unlawful. An experienced attorney will be able to tell the difference and take appropriate legal action.

Can Personal Communications Be Used as Evidence?

In a contested divorce, the parties disagree on some or all issues. Depending on how strongly they disagree, one or both of the spouses may try to use the other spouse’s communications as evidence, such as:

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 Posted on May 20, 2024 in Child Custody

Every parent, whether married or divorced, has certain responsibilities to his or her child under Illinois law. These parental responsibilities are divided into two categories:

• Parenting time

• Decision making

Fulfilling your parental responsibilities during marriage, when everyone lives together and has access to the same resources, can be hard enough. After divorce, however, this task often becomes more difficult. 

Because carrying out parental responsibilities after divorce is straining for so many parents, there are resources that can help. Contact an Illinois family lawyer to find out what responsibilities are expected of you and the tools available to assist you.

What is Parenting Time?

Parenting time, also known as physical custody, is the time during which a child is under his or her parent’s care. When parents get divorced, they are required to submit to the court a parenting plan that contains details about how they plan to manage their parenting time. Such details include:

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 Posted on May 06, 2024 in Child Custody

In Illinois divorce cases involving contested child-related issues, guardians ad litem (GAL) play an important role in representing the child’s best interests. However, a lack of proper understanding often leads to misconceptions about their duties and impact. If your Illinois divorce features contested child-related issues, a guardian ad litem may be beneficial to the situation. Discuss with an attorney your options and what may be best for you.

At Pesce Law Group, P.C., Attorney Pesce is himself a court-approved guardian ad litem. As a result, he understands when and how GALs can be most helpful in divorces featuring child-related issues. While Attorney Pesce will act exclusively as your attorney and not as your child’s guardian ad litem, he has a robust understanding of the purpose of GALs and can assist clients in understanding when a judge may be inclined to appoint a guardian ad litem to a divorce case.

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 Posted on April 30, 2024 in Child Support

Child support is a complex part of the divorce process. An Illinois judge will decide which parent must pay child support and what amount the payments should be only after looking at many factors. The court will try to find the sweet spot where the child’s needs and the parents’ financial abilities meet.

If the child is autistic or otherwise has special needs, the judge will take that into account. What difference that might make is a question that an experienced Illinois family lawyer can help answer.

This article will discuss the details that a court takes into consideration when making child support decisions and how a special needs child factors into those decisions.

How Does a Court Calculate Child Support?

When calculating who should pay child support and how much should be paid, a judge will look at many elements, including:

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