Posted on October 01, 2018 in Divorce

Let Our Experienced Illinois Divorce Attorneys Protect Your Best Interests

Each couple is unique, and therefore each divorce case is very different. That being said, couples who are considered to be high net worth individuals tend to face a number of specific issues when separating. Unfortunately, there are a myriad of common mistakes that are often made that can jeopardize an individual’s best interests when divorcing from their spouse. At the law offices of Fay & Farrow our lawyers are committed to helping you navigate your high net worth divorce. Consider these unique issues and common mistakes that individuals often make when dissolving a marriage–

Unique Issues in High Net Worth Divorce Cases

All divorce cases have the potential to be contentious and emotional, but couples who are involved in a high net worth divorce may face additional complications, too. Some of these complications and unique issues include:

• Hidden assets. Individuals may try to hide assets, such as keeping assets in an offshore account, in order to reduce the supposed amount of marital property that is subject for division or the amount of spousal support they are liable for.

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 Posted on October 01, 2018 in Property Division

Most couples who are looking to part ways legally are aware of the fact that doing so means that their assets will be up for division. In fact, until a couple reaches a property division settlement, a court will not grant a divorce.

But what many couples may not know is exactly what is included in a property division decision. If you have questions about what types of property and assets will be considered for division, or what the laws are regarding division, our Naperville divorce lawyers at the offices of Fay & Farrow can help.

What Does Illinois Law Say About Property Division in a Divorce?

Illinois law is very specific about property division in a divorce case. To be sure, the statute reads that all marital property–but not separate property–will be subject for division, and that property will be divided in a manner that is equitable and in “just proportions” without regard to marital misconduct.

What Property is Marital and Therefore Subject to Division?

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 Posted on October 01, 2018 in Orders Of Protection

There are many reasons why an individual may choose to seek a divorce, with one of the most serious being that they are a victim of domestic violence. However, seeking divorce does not mean that the domestic violence will immediately stop; sadly, just the opposite is often true – when a spouse files for divorce from a violent partner, the partner may respond aggressively. For individuals who find themselves in this position, filing for an order of protection as part of your divorce proceedings can help keep you safe.

What Is an Order of Protection?

An order of protection is a type of legal document that is issued by a civil court against a family member or person with whom a victim has an intimate relationship. These orders are available for those seeking protection from another member of their household, someone whom they are dating, a spouse, a child or stepchild, a person with whom they have a child in common, a person to whom they are related by blood or marriage, or even a person who is acting as an assistant or personal caregiver.

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 Posted on September 01, 2018 in Property Division

While there are many reasons why a divorce can be contentious, one of the most disputed issues when parties are parting ways is that of asset division. In many cases, both parties feel as though they’re entitled to certain assets, leading to fighting over who gets what. If you’re getting a divorce in Naperville or surrounding areas of Illinois, understanding the law regarding division of property, and the methods available of navigating it, is critical. Here’s a look into what you need to know:

Asset Division in Divorce: What Does the Law Say?

In Illinois, the court requires that a divorcing couple divide their assets in a manner that is equitable. Equitable means fair but does not necessarily mean equal; couples are not asked to split their property 50/50.

The only property that is subject to equitable division in Illinois is marital property; separate property may be kept separate. Per 750 ILCS 5/503, marital property means all property, including debts, acquired by either spouse during the course of the marriage. Separate property is that property which was acquired prior to the marriage or was acquired by gift or legacy, property exchanged, or property acquired during the marriage, or property that is exempted due to the terms of a premarital agreement.

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 Posted on September 01, 2018 in Legal Separation

Even if you believe that your marriage is over and irreparable, leaving your spouse and pursuing a divorce can be difficult to do. However, divorce is not your only option: legal separation is an alternative.

What Is Legal Separation?

Unlike a divorce–which completely and legally dissolves a marriage–a legal separation does not legally end a marriage. When spouses enter a legal separation, they will still be married in the eyes of the law until a divorce takes place. This means that those who are legally separated cannot remarry.

Legal Separation vs. Living Apart

There is also a difference between a legal separation and simply living apart. While you and your spouse may be living apart physically, the separation will not be a legal separation unless you turn to the court and ask it to make decisions about things like child support, child custody, and spousal maintenance. For many couples, having the court issue a determination in regards to these issues is critical; some couples may have such a contentious marriage that negotiating these issues outside of court is impossible.

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 Posted on September 01, 2018 in Child Custody

The Illinois Department of Children and Family Services (DCFS) is the agency that is responsible for the investigation of any allegations of child abuse or neglect. While DCFS does not typically get involved in a standard child custody case during a divorce or separation, DCFS will open an investigation if child abuse or neglect has been alleged by any party. If a DCFS investigation is conducted, the results of this investigation could have a large effect on each parent’s parenting time and parental responsibilities. Here’s a look into what you should know–

What Is a DCFS Investigation?

If there is any report made to the DCFS that a child is being abused or neglected, the agency often has an obligation to investigate that allegation. If a formal investigation is opened, DCFS agents, often working with police, will look for any evidence that:

• The child was abused or neglected;
• The child is at risk of abuse or neglect within the home; or

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 Posted on September 01, 2018 in Child Custody

If you are a divorced or separated parent in Illinois and your child spends the majority of his or her time with you, it is also likely that the child spends a fair amount of time with their other parent, too. This is because courts favor both parents being involved in their child’s life whenever possible. As such, even if your child is living with you, the other parent may have a court order that provides them with the right to overnight visits with the child.

For whatever reason, a situation may arise where you no longer believe that overnight visits are appropriate, or perhaps even safe, for your child. If this occurs, here’s a look into what you need to know about your right to suspend overnight visits:

You Should Always Defer to Your Child Custody Order

The first thing that’s important to know is that even if you don’t want your child spending the night at your former spouse’s home, you should always adhere to your court order; failing to do so can result in consequences. There are few exceptions to this – you may be able to keep your child home if you believe that sending them to your ex-spouse’s home would be dangerous for their physical, mental, or emotional health. However, having the court’s permission is always better.

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 Posted on August 01, 2018 in Child Custody

All parents will inevitably be tasked with caring for a sick child, probably dozens of times throughout the child’s life. While most illnesses are common and fairly easy to remedy with rest and basic care, taking care of a sick child can be complicated when parents share custody. Here’s a look into what you need to know about sharing parenting time when your child is sick–

Stick to Your Parenting Plan as Much as Possible

It can be tempting to deny the other parent their afternoon or weekend with your child as it is, but even more so when your child is sick – you surely want to nurture your child back to health yourself. However, refusing visitation or parenting time for minor illnesses is inappropriate; your child’s other parent has just as much of a right to care for your sick child as you do. What’s more, assuming that your child is suffering from a minor illness, such as a cold, they can receive just as much care at their other parent’s home as they would at yours. If parenting time is missed due to an illness, the parent should have the opportunity to make up that time at a later date.

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 Posted on August 01, 2018 in Divorce

One of the biggest concerns with getting a divorce in Illinois is the fear that a party will be forced to sell their house. Indeed, dividing real estate in a divorce can be one of the most complicated parts of the divorce settlement, and individuals are often confused about their rights. If you are getting a divorce and are worried about whether or not you’ll have to sell, here’s a look into what you need to know–

How is Property Divided in a Divorce?

Illinois is what is known as an “equitable distribution” state. In an equitable distribution state, all marital property is subject to equitable–but not necessarily equal–division between the parties. Marital property means all assets and debts that were acquired during the course of the marriage. This means that if you and your spouse both own your house or if one of you purchased the house after you were married, your home must be counted as marital property, and will be subject to division as such.

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 Posted on August 01, 2018 in Divorce

Religion is an extremely sensitive topic, and to some people, their religion is close to their heart. When parents divorce with children, the decision of which parent is able to decide the child’s religion can be a very touchy–and often divisive and contentious–topic. If you are getting divorced in Illinois or have recently divorced, here is a look into what you need to know about which parent will be able to make decisions regarding religious upbringing.

Allocating Decision-Making Responsibilities in Illinois Divorce

Choosing a child’s religion falls into the category of “significant decision-making responsibilities.” This is not the same as having physical custody of a child; parents may share physical custody and decision-making responsibilities, or share physical custody and but only one parent has decision-making responsibilities. Decision-making responsibilities include the power to make decisions about a number of aspects of a child’s life, including:

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