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What Can I Do if My Spouse Wastes Assets?
Couples do not just wake up one day and decide to divorce. There are indications that spouses are growing apart and that dissolution of the marriage is inevitable, which usually develop in the weeks and months before filing divorce paperwork. During this period of irretrievable breakdown, one spouse may be tempted to destroy or waste marital assets—often out of spite and with the view that destruction of property is preferable to letting the other person have it.
Dissipation of marital assets is a serious matter, so you should discuss your situation with an Illinois divorce lawyer right away if you suspect wrongdoing.
Legal Definition of Dissipation of Assets
Dissipation occurs when one spouse uses property for a purpose unrelated to the marital relationship and at a time that the marriage is irretrievably breaking down. The period of breakdown is not typically a single moment, but rather a series of developments that indicate the marriage is coming to an end. The unrelated purpose element is a case-by-case analysis, but examples may be:
Interstate Child Custody Issues for Divorcing Parents
When parents and their children have lived in different states throughout the duration of the marriage, extremely complicated issues arise regarding child custody in a divorce case. In Illinois, the key for handling disputes is jurisdiction—a court’s authority differs when handling divorce matters versus child custody battles. Jurisdiction may be proper over one aspect of the case, but not appropriate for the other. Because of the highly complex nature of the legal issues involved, it is wise to retain an Illinois divorce attorney with experience in interstate child custody issues.
Divorce Jurisdiction
Under the Illinois Marriage and Dissolution of Marriage Act, a court has jurisdiction to enter an order of dissolution of marriage so long as one of the spouses was a resident of the state when filing for divorce. In addition, jurisdiction is proper if one of the spouses was stationed in Illinois as a member of the armed services. The spouse must be a resident or have military presence in the state for at least 90 days prior to initiating divorce proceedings. Once the filing spouse meets the 90 day requirement and submits the petition for divorce, the case will proceed in Illinois regardless of where the other spouse lives.
Three “Must-Do’s” Before Getting Married
Congratulations are in order if you have recently gotten engaged and are embarking on the planning phase of your upcoming wedding. As you are preparing the guest list, booking a venue, and making arrangements for the reception, the legal aspects of your nuptials may be the furthest from your mind. However, there are some important tasks you need to address as your wedding day approaches—matters that can ensure you are getting your marriage off on the right foot. Discuss your specific circumstances with an Illinois prenuptial agreement attorney, and consider these “must-do’s” before the big day.
Apply for Your Marriage License
Before Illinois will recognize your marriage as legal, you will need to secure a marriage license from the county clerk’s office where you or your soon-to-be-spouse live. You must both appear before the clerk in order to obtain the license, and bring proof that you are 18 years or older; a driver’s license, state-issued ID, or birth certificate will be sufficient. If either of you were married before, you will need to supply the information on why and when the previous marriage ended (death, divorce, etc.).
What Are My Responsibilities as a Disabled Adult’s Guardian?
When an adult suffers from a condition that renders him or her unable to handle personal and financial matters, an Illinois court may appoint a guardian to handle these tasks. If you are the individual appointed to care for the needs of a developmentally disabled person, there are certain obligations and responsibilities you undertake as a guardian. In sum, you have two duties: You manage the ward’s personal care, and are also accountable for his or her financial affairs. Your role is an important one under the Illinois statute, so it is important to work with an experienced guardianship attorney to ensure compliance with the law.
Guardian of the Ward’s Estate
The term “estate” refers to the real and personal property that belongs to the ward. As estate guardian, you manage all aspect of the person’s assets, including real estate, bank accounts, investment accounts, interests in a business, automobiles, household items, and personal belongings. You are required to care for, manage, and invest estate property frugally and in such a way as to provide for the comfort and suitable support of the ward. Any expenses outside this legal mandate can have serious consequences. For certain expenditures, you will need a court order approving the transaction.
Termination of Spousal Support: Remarriage and Other Factors
The purpose of spousal maintenance is to provide one partner with the financial means to support himself or herself according to a reasonable standard of living after a divorce. The award of alimony to one spouse is subject to modification based upon a variety of factors; however, the Illinois statute is clear on the circumstances that will terminate support:
- The death of either former spouse;
- Remarriage of the recipient party; or
- Cohabitation by the recipient party.
While the first two situations are straightforward, the cohabitation factor can be slightly tricky. It is necessary to take a close look at complicated statutory language and review case law, so you will need an experienced spousal maintenance attorney to assist with your situation.
Cohabitation Factors That Terminate Maintenance
The Illinois statute states that the person paying spousal support is relieved of the obligation if the alimony recipient cohabitates with another individual in a “resident, continuing, conjugal” environment. The “conjugal” element, for many years, was assumed to involve a sexual relationship between two individuals, but the Illinois Supreme Court clarified the issue in a 1985 case. The term is Latin for a husband-wife relationship, rather than a sexual relationship. The justices found that people can be cohabitating on a conjugal basis without any sexual conduct, and that cohabitation should refer to the general meaning of living together as a married couple.
Extending or Modifying Orders of Protection
If you have a temporary order of protection issued by an Illinois court to protect your safety and that of your family, it can be terrifying to think about what the abuser may do when the designated time period expires. By its terms, a typical restraining order may last anywhere from a few weeks up to a couple of years, depending on the circumstances.
Fortunately, Illinois law does provide alternatives to letting an order of protection expire, but the process to extend or modify can be complicated. An attorney with experience in restraining orders can tell you more about the proceedings.
Types of Orders of Protection Under Illinois Law
There are three different restraining orders under Illinois law, and they would each apply depending on various circumstances.
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Emergency Order of Protection: When you have a legitimate, demonstrable fear that an abuser will engage in violent acts against you or a member of your family, you may obtain an emergency restraining order for 14 to 21 days by filing a petition with the court. Though notice of legal proceedings is usually required in other types of cases, you do not have to notify the abuser that you are going to court.
Shared Parenting Laws Benefit Entire Families
A major change in Illinois child custody law went into effect in 2016—a move that represents a shift to what some would call a more modern approach to addressing the needs of minor children in a divorce. Under the Illinois Marriage and Dissolution of Marriage Act, the law now requires divorcing spouses to work on a plan for allocation of parental responsibilities and parenting time.
Experts across the country have stated the numerous benefits to the concept of shared parenting, which is replacing the traditional joint and sole custody laws in other states. Since Illinois has followed suit, it is important for divorcing parents to understand how shared parenting will impact their lives.
Illinois Law on Shared Parenting
Effective January 1, 2016, Illinois law no longer refers to “custody” and “visitation” in addressing the needs of minor children. These terms have been replaced by “parental responsibilities” and “parenting time,” both of which focus on the best interests of the child.
Make the Most of Your Parenting Time
As the parent of a minor child who does not live under your roof, you no doubt cherish the time you spend together. While a court may establish your rights to parenting time, whether by agreement or as part of a divorce case, you do not have much guidance to tell you the best ways to exercise your responsibilities to maintain a strong, healthy relationship with your child.
Proper logistics and planning can help ensure a successful parenting time arrangement, and you can also take advantage of the input of an experienced Illinois parental responsibilities lawyer. General advice on making the most of your parenting time includes the following:
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Make Sure Children Understand the Schedule: Depending on their ages, you should discuss the details of your parenting time schedule—from times and dates to holidays and vacations. A seamless transition between two homes takes some adjustment, but you will want to make sure that your children feel equally comfortable in both spaces. A written schedule provides children with structure and a sense of security.
Why Consider Mediation in an Illinois Divorce Case?
When you think about divorce in Illinois, you may see images of drawn-out, antagonistic legal battles involving repeated court hearings where spouses fight over children, the division of property, and spousal support. However, not all cases are so adversarial and can actually be resolved through mediation under appropriate circumstances.
Many spouses are able to agree on some issues or are close to compromise on disputed matters, making mediation an ideal solution to protracted, expensive litigation. Talk to an Illinois mediation professional about your situation after getting some basic information about the process.
How Mediation Works in Divorce Cases
Illinois law allows divorcing couples to resolve their disputes via the mediation process, which is a proceeding that is less formal than a court hearing. The parties, with their attorneys, select a certified mediation professional and schedule the session at a convenient time and place for all. Before the mediation, each spouse prepares a brief on the disputed issues and presents the point of view as to how they should be resolved.
With Budgets Cut, Illinois Domestic Violence Victims Should Hire an Attorney
The Illinois budget crisis has been in the news often, but it has had an unfortunate, relatively unknown impact on the victims of domestic violence. According to an April 3, 2017 report in Crain’s Chicago Business, there have been no new funds dedicated to the state’s domestic abuse programs; some of these groups offer legal advice and counsel to individuals seeking to protect themselves and their families from violence.
If you are a victim of domestic violence, you do have options to ensure your safety despite the lack of money for certain programs. Instead of attempting to go it alone, consult with a domestic violence attorney who knows the law and court procedures in Illinois.
Statutes on Domestic Violence
The Illinois Domestic Violence Act is the primary statute covering violence, but the Illinois Marriage and Dissolution of Marriage Act also applies in certain situations. There are key definitions to put the law in context. First, abuse can come in many forms, so you do not have to establish actual, physical attacks to seek protection. Harassment, intimidation of one of your children, and interference with personal freedoms can also be abusive. Second, the law protects a person from abuse by a family or household member, a definition that includes spouses, parents, unmarried couples that share a child, and individuals who have a relationship.
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