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FAQ

Divorce Frequently Asked Questions

Although every divorce is challenging in some way—whether financially, emotionally, or both—when it is you going through a divorce, it can often seem like the very worst thing you could go through. It can also seem like it will never end. One of the most important factors in an outcome to your divorce that is fair and equitable is having an experienced family law attorney in your corner from start to finish.

The Impact Children May Have on Your Divorce

While a divorce almost always causes at least some level of emotional and logistical challenges, when there are children involved, these challenges increase exponentially. While adults may have the tools to get through this tough period in their lives, a divorce can have a long-lasting impact on children, perhaps even affecting their own relationships once they become adults. Because of the potentially adverse effects of divorce on children, it is imperative that the parents do their very best to minimize the negative consequences.

This can mean keeping the issues that caused the divorce between the adults and not bad-mouthing the other parent no matter how angry or upset you are. When parents “behave” in front of the children, a divorce could actually improve the lives of the children. After all, when there is no longer a tense atmosphere at home, the parents may be happier, which, in turn, increases the happiness of the children. The children may be able to spend more quality time with both parents after the divorce; the parents can more equally divide the responsibilities of child-rearing, becoming more caring, more patient parents.

When you have a strong legal advocate in your corner—one who is fully committed to securing a fair divorce agreement and a fair child custody agreement—your life will contain much less anxiety, frustration, and stress. The Vaclavek Hartman Vaclavek attorneys treat you the way they would want to be treated, listening carefully to your wishes, and always implementing responsive communication techniques. We are fully committed to your future—”we will be by your side, every step of the way.” Because we also believe an informed client is better able to understand all aspects of their case, we also believe the informed client will make better, more confident decisions.

  • Divorce with Children

    • How is Illinois allocation of parental time determined?
      The state of Illinois has joined other states in adopting the Uniform Child Custody Act, which is meant to minimize interstate child custody conflicts. The Illinois courts recognize allocation of parenting time, and decision making by parents. Decision making includes the right to make major life decisions for the child, including issues related to health, education, religion, and extracurricular activities. Parenting time will be allocated based on a number of issues, including practical issues, such as how close the parents live to one another, and where the child goes to school. When determining parenting time allocations, an Illinois court will determine what is in the best interests of the child. There are a number of factors the court will consider when determining custody, including:
      1. What each parent wants;
      2. What the child wants;
      3. The current relationship between the child and each parent;
      4. The relationship the child may have with extended family members or others who are close to the family;
      5. The likelihood that each parent will work to foster and maintain a close relationship between the child and his or her other parent;
      6. Whether the parents are likely to cooperate while raising the children;
      7. Adjustments to the child’s home, community, and school;
      8. The mental and physical health of each parent;
      9. Whether the child would be in danger of abuse or physical harm if placed with one parent;
      10. Whether either parent is a sex offender, and
      11. Any other item the judge deems important to the child’s best interests.

      The judge in the case will take all factors into consideration, then will decide which parent will have the larger allocation of parental time, and whether one or both parents will make major decisions on the child’s behalf. In the state of Illinois, children over the age of 14 have the right to choose which parent they want to live with, but the judge can overrule such a decision if he or she determines it is not in the best interests of the child.

    • How is allocation of parenting time and decision making decided?
      Either the parents will agree that one parent will make the “big” decisions on behalf of the child, such as those regarding education, religion, and health, or the parents will share in those decisions. Parenting time will be allocated, often with the child spending more time with one parent, simply because it makes more sense from a logistical point of view. Both parents will have parenting time and parental responsibility. If the parents are unable to come to an agreement regarding parenting time and decision making, the judge will make those decisions for them.
    • What is a parenting plan?

      If the parents are in agreement, they can put together a parenting plan, which the judge will then approve, or the judge will develop a parenting plan for the parents if they are unable to agree. The parenting plan assumes that the continuity of the parent-child relationship is in the best interests of the child, that children’s needs change and grow as they mature, that the parent with the larger allocation of parenting time will make daily decisions for the children, and that both parents will have access to the child’s official records—barring any unusual circumstances. Parenting plans identify how children will spend birthdays and holidays, transportation arrangements, pick up and drop off places, and when supervision is required.

    • What is a parenting plan?
      If the parents are in agreement, they can put together a parenting plan, which the judge will then approve, or the judge will develop a parenting plan for the parents if they are unable to agree. The parenting plan assumes that the continuity of the parent-child relationship is in the best interests of the child, that children’s needs change and grow as they mature, that the parent with the larger allocation of parenting time will make daily decisions for the children, and that both parents will have access to the child’s official records—barring any unusual circumstances. Parenting plans identify how children will spend birthdays and holidays, transportation arrangements, pick up and drop off places, and when supervision is required.
    • How much child support will I get or have to pay?
      The court will consider the incomes of both parents, as well as which parent has primary parental responsibility (the number of “overnights”) the child will spend with each parent. The gross income of each parent will include income from all sources, including court-ordered spousal support from a current or former spouse, regular jobs, second jobs, overtime pay, and holiday pay. Gross income does not include benefits received by the parent, such as TANF, SSI, or SNAP, or benefits received for other children in the household (child support for children from a prior relationship or foster care payments). The gross income of each parent is converted to net income using a standardized income conversion chart, then the two net incomes are added together to find the parents’ combined adjusted net income. See these Illinois infographics to get a good idea of how child support would be calculated when each parent has at least 146 overnights and how it would be calculated when one parent has less than 146 overnights. The basic support obligation is a term used to detail how much money parents normally spend on their children, taking into consideration the parents’ incomes. Additional expenses, such as childcare expenses, extracurricular activity, insurance premiums, and other school-related expenses added to basic support obligation, equals the total support obligation.
    • Can I continue to get child support if my child is over the age of 18?
      Generally speaking, you cannot continue to receive child support if your child is over the age of 18. One of the exceptions to that rule is when the child is still in high school after the age of 18. In that case, child support will be paid until the child turns 19 or graduates from high school—whichever comes first. There may also be instances when a child has special needs and will require parental support for his or her entire life. In this case, both parents will be required to continue supporting the special needs adult child, and the parent paying child support may be required to continue paying child support as long as necessary. Depending on the specific situation, both parents may have an obligation to contribute to a college education for the child.
    • Can I refuse parenting time if my spouse is behind on child support?
      Many parents are under the mistaken belief that parenting time and child support are linked. In fact, they are not, rather, they are two separate issues. If the paying parent does not pay his or her court-ordered child support, the other parent may not refuse to allow paying parent his or her regular allocation of parenting time. Conversely, if the parent who has primary parental responsibility refuses to allow the other parent his or her regular allocation of parenting time, that parent may not withhold child support in retaliation. If the other parent denies you your regular parenting time, you must continue to pay child support, and take the matter of parenting time to the court. The parent who does not receive a regular child support payment should continue to allow the child or children to spend agreed-upon times with the other parent, taking the issue of unpaid child support back to the courts.
    • How do I ask for the amount of child support to be changed?
      There are certain instances in which a request for a child support modification could be warranted. If either parent has a significant change in circumstances, they may petition the court, asking for a change in child support. As an example, suppose the paying parent lost his or her job, through no fault of their own, therefore could not make regular child support payments. That parent might choose to return to court, asking for a temporary modification of child support. If the receiving parent lost a job, he or she could return to court, asking for an increase in child support. By the same token, if the paying parent was aware the parent with primary parental responsibility won ten million dollars through the lottery, and the paying parent was having difficulty keeping up with child support payments, a modification of child support might be warranted. The judge must be convinced that the modification is in the best interests of the child.
    • Can allocation of parental time be modified?
      Illinois Allocations of parental time and responsibility can be modified or changed only in very specific cases. The goal of the Illinois courts is to ensure the life of the child or children is as stable as possible, therefore, there must be a very good case for changing these arrangements. Generally speaking, allocation of parental time may be changed when a parent is judged by the court to be unfit to raise the child or when changes in one or both parents’ lives warrant a modification to protect the child’s best interests. Under Illinois law, allocation of parental time and responsibility may not be modified until two years have passed since the first decision. There are only two exceptions to this law—if both parents agree to the change, or if there is a true emergency that requires a change.
    • How long does an Illinois divorce take when there are children?
      Once venue has been established, the courts generally want to be done with the parental allocation time portion of a divorce in 18 months of less. Divorces do tend to take longer when children are involved, but the child portion is usually wrapped up relatively quickly. Since financials in a divorce can take longer than 18 months, a contested divorce with children can take from 18-30 months, depending on the issues involved.
    • How can an Illinois, divorce attorney help when children are involved?

      While having an experienced Barrington, Illinois divorce attorney by your side is important in any divorce, when children are involved, it is even more important. You want to ensure the best interests of your child or children is the primary goal. Your top divorce lawyer in Barrington from Vaclavek Hartman Vaclavek, will listen to you carefully regarding what you want as far as parental responsibility and allocation of parenting time, then will work hard on your behalf toward those goals.

      We truly value your input because we actually care about your life after the case is over. The Vaclavek Hartman Vaclavek attorneys want our clients to have peace of mind, knowing their attorneys care more about helping them through these challenging times than in treating them as nothing more than a number. We want to educate and empower our clients, then cater team solutions specifically for their situation. Contact Vaclavek Hartman Vaclavek today for advice from a top family lawyer in Barrington.

  • Divorce

    • Why is a divorce with more assets more challenging?
      Although ever divorce comes with its own set of difficulties, the more assets involved, the more challenges you are likely to face. While a middle-income couple may have a house a car a bank account, and possibly, a retirement account, a high net worth individual can have those assets, along with rental properties, vacation homes, ownership or part ownership in companies, equity options in pre-IPO stock, and partnership holdings. It can be much more difficult to determine the value of such assets, and when many of these assets exist, the process can be very time-consuming. A high net worth divorce will almost always take more time, as assets must be found and valued as well as liquidated and transferred, in some cases. Finally, while low and middle-income families are generally paid bi-weekly or monthly (steadily and easily predicted), many high net worth individuals do not draw a “regular” paycheck, and could be paid at least partially in bonuses, royalties, rents, and dividends. High net worth individuals may enjoy a company car or a company credit card, and while their income is substantial, it may not be all that easy to predict.
    • How can I find out how many assets my spouse really has?
      If you were not all that involved in the financial affairs of your marriage, you may wonder how you will know whether your spouse is being honest about the assets during your divorce. Your attorney will know what questions to ask, as well as the various discovery methods. If you do not believe your spouse will voluntarily disclose the correct financial information, there is a formal, legal process which can be used to access this financial information. This process is referred to as the discovery process. Your attorney will ask your spouse to produce such financial documents as account records, tax returns, bank statements, any loan applications, mortgage records, credit card receipts and any other relevant financial documents. Your family law attorney may utilize interrogatories which require your spouse to answer questions in writing. Your divorce attorney may ask to inspect such things as a safe deposit box, art collections or other types of collections with a significant value. Your attorney may also set up a deposition, where your spouse will be required to testify under oath regarding marital assets.
    • I think my spouse is hiding assets. How can I find them?
      Despite the fact that hiding assets is both unethical and illegal, a significant number of spouses may hide assets during a divorce, particularly in a high net worth divorce. It is important to remember that the settlement you get from your divorce is it—you will not be able to come back later and ask for more, even if you find out your spouse was hiding assets. One way of finding hidden assets is to have a lifestyle analysis conducted which will establish a clear picture of your standard of living during your marriage. This can be an invaluable tool in determining whether there are hidden assets or income, as well as determining alimony and child support. There are a number of ways spouses hide assets, including:
      • Buying expensive items which can be easily overlooked during the divorce;
      • Transferring stocks into “dummy” companies;
      • Deferring salary or bonuses until after the divorce;
      • Delaying signing a contract;
      • Setting up an account in the name of a child, using the child’s social security number, making it difficult to locate the account;
      • Stashing money with friends or relatives, in a safe deposit box, or even in books or other items around the house;
      • Underreporting income on tax returns or financial statements;
      • Taking out “loans” from friends or family members in order to be able to deduct those expenses from the financial bottom line, or
      • Overpaying a creditor or the IRS, then applying for a refund after the divorce is final.
      Typically, the spouse with fewer financial resources has the burden of proving that assets are being hidden, so if you believe your spouse is hiding assets, be sure to relay your suspicions to your divorce attorney.
    • How can I ensure that my assets are properly handled during a divorce?
      The primary way of ensuring your assets are properly handled during a divorce is to have an experienced Illinois divorce attorney who is fully in your corner. You must also carefully identify all your assets—what belongs to you, what belongs to your spouse, and what the two of you own as marital assets. Whenever possible, have a complete, printed list of every financial document in your possession before you file for divorce or inform your spouse you are about to file for divorce. Otherwise, you risk being locked out of your financial information should your spouse change the passwords to your joint accounts. With your divorce attorney, determine what you can live with—and what you cannot live without. Finally, know the laws for asset division in your state. Of course, your lawyer can help you with this, but when you also have the knowledge you will understand the process much better.
    • What do I do if my spouse violated our prenuptial agreement?
      A prenuptial agreement is a contract that two people enter into prior to marriage. Both parties must agree to the terms of the prenuptial agreement, and both parties must abide by the terms should the marriage end in divorce. A prenuptial agreement identifies and divides separate and marital assets, in theory, making it much easier to split assets during the divorce. Spousal support can be included in a prenuptial agreement, however, you should be aware that all prenuptial clauses are subject to a judge’s review, so if your agreement is not fair, the provision could be eliminated by the judge. Typically, such things as child custody, parenting time, child support, daily tasks or spousal duties may not legally be included in a prenuptial agreement. If your spouse does not abide by the other terms of your prenuptial agreement, you will need to discuss this with your divorce attorney.
    • What can I get in spousal support/alimony?
      Like child support, there is also a guideline formula. Alimony is also called spousal support, or maintenance, and is a payment that one spouse makes to the other following a divorce. When there is a discrepancy in the income of the spouses, the court may attempt to put each spouse in an equal financial situation following the divorce. Under Illinois law, a spouse may request temporary alimony while the divorce is pending. In addition to temporary maintenance, the judge can award rehabilitative maintenance (meant to provide financial assistance while the receiving spouse works on job skills or otherwise attempts to become self-supporting), or long-term maintenance (for long-term marriages, usually for an older spouse with limited job skills, or one who is ill and unable to support himself or herself). Either spouse can request financial support for the other, but if both spouses are self-supporting, the court may deny a request for maintenance even when one spouse makes significantly more than the other. The court will determine the income and property of each spouse, the need for support by the requesting spouse, the present and future earning capacity of each spouse, whether the requesting spouse’s lower income is due to decisions made during the marriage (one spouse stays home to raise children while the other works and provides a salary), the length of the marriage, the physical and emotional health of each spouse, whether one spouse contributed to the other’s education, and any agreement made before or after the marriage.
    • Am I entitled to my husband’s retirement accounts that are in his name if I didn’t work?
      Retirement accounts which were funded during the marriage are likely a marital asset. There are some accounts which can be divided by directives to the Financial Institution and some which require specific court orders (QDRO or QILDRO) to divide.
    • How will we split the ownership and value of the business we own together?
      Joint ownership of a business can be difficult to divide during a divorce. There are three methods used when distributing business interests during a divorce. The first of these is a buy out—one spouse buy’s out the other’s interest in the business. A buy out only works if the buying spouse has enough cash, although one spouse could agree to a structured buy out—buying out half the business over time. If the couple gets along well, they may decide to continue jointly owning and running the business following the divorce. Finally, the business can be sold outright, and the proceeds divided according to the percentage of business interest of each spouse.
    • What are the special issues involved in child support and spousal maintenance in a high net worth divorce?
      There can be some special issues seen in a high net worth divorce that might not be seen in a more traditional divorce, particularly related to child support and spousal support. In a high net worth divorce, the child support guidelines might not apply—in general, when parents earn more than $500,000 per year, the guidelines are not followed as they are for lower income parents. The reasonable needs of the children will be determined, along with the relative ability of each parent to provide financial support. “Reasonable needs” in a high net worth divorce could include private school tuitions, expensive lessons, employment of a full-time nanny or au pair, future college tuition, and high-priced summer camps or hobbies. Parents may also want to set up trust funds for the future of the children. It is important to note that the wealthier parent is not guaranteed custody. As far as spousal support, if both spouses have a high net worth, then spousal support will probably not be an issue. If, however, one spouse has a high net worth and the other does not, then the spouse with fewer assets could be considered to be dependent on the other. As an example, a spouse who stayed home to raise the children and tend to the house while the other worked in a professional capacity, might be considered dependent on the higher-earning spouse. In a high net worth divorce, long-term alimony may be awarded to the dependent spouse, although the court will use its discretion to determine the amount, duration, and manner of payment of spousal support.
    • What are common mistakes in a high net worth divorce?
      Some of the most common mistakes seen in a high net worth divorce include the following:
      • Agreeing to anything and everything simply to be done with the marriage. Unfortunately, some marriages have reached the stage where either one of the spouses have a new romantic interest and want to get out of the marriage quickly, or there have been so many arguments and heartaches in the marriage that one or both spouses want out quickly. Any time a partner in a marriage agrees to unfavorable terms regarding spousal support, child custody or asset division, the financial effects can be devastating. Make sure you have set your emotions aside and looked at your long-term future before you agree to any divorce settlement. Remember that the way you feel today is unlikely to be the way you will feel six months from now, or even a year or two down the road.
      • Hiding assets. Let’s be clear—hiding assets from your spouse is never okay. Quite often a spouse—generally the one with more assets—may decide to transfer expensive assets to a third party (a business partner, family member or child from a prior marriage). Such transfers can later be declared fraudulent, causing that spouse to completely lose his or her credibility in the courtroom.
      • Failing to account for all assets and liabilities. A financial affidavit and other financial documents are required by the court during a divorce. This inventory should be taken very seriously by both parties, ensuring all the information is up-to-date, and accurate. It can be extremely time-consuming to gather all this information, but if you neglect this very important task, you could end up being stuck with liabilities which are not rightfully yours, or relinquishing assets which are rightfully yours.
      • Not considering tax consequences. You may end up being taxed on assets or distributions you receive, or you might approve an amount of spousal support without considering what your after-tax income will be. Spouses in all high net worth divorces must consider tax matters, both current and future, very carefully.
      • Letting your anger over the divorce motivate your actions. You may be very angry about the divorce, and you may even have good reason to be angry. This anger leads many people to want to make their spouse “pay” for the hurt he or she caused. Think about it this way—the money you are forcing your spouse to pay because of your anger, is your money as well. Now is the time to let your attorney determine the best settlement on your behalf.
      • Failing to hire the best divorce attorney. This is one mistake made frequently by those going through a high net worth divorce—or any divorce. During a time when you are not likely to be thinking clearly, an experienced, knowledgeable California divorce attorney can guide you around legal mishaps, leaving you with a much more financially secure future.
    • How can a divorce attorney from Vaclavek Hartman Vaclavek help?
      Attempting to handle your own divorce is akin to attempting to set your own broken leg—rarely ever a good idea. It is extremely important that you have a professional by your side in the form of an attorney from Vaclavek Hartman Vaclavek who has significant experience helping people like you get through a divorce with the best outcome possible. At Vaclavek Hartman Vaclavek, we have a “client first” mindset as we help our clients through a “regular” or high net worth divorce in Barrington. Having a top divorce lawyer in Barrington to guide you through the maze of decisions you will be required to make during your divorce is invaluable. We are accessible and available, and work hard to empower our clients so they can better understand their divorce, in turn, making more informed and confident decisions. Contact Vaclavek Hartman Vaclavek today for the best divorce attorney Illinois and the surrounding areas.
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