970 McHenry Avenue, Crystal Lake, IL 60014
Search
Botto Gilbert Lancaster, PC

Call Today for Your FREE Consultation

Call Us800-338-3833 | 815-338-3838

Facebook Twitter LinkedIn
Subscribe to this list via RSS Blog posts tagged in McHenry County divorce attorney

Should You Announce Your Divorce on Facebook?Telling people about your decision to divorce can quickly become an emotionally exhausting task. First, you have to figure out an appropriate way to bring up the subject and how much information you want to share. Then, you brace yourself for the awkward responses and follow-up questions. Each conversation is rehashing a painful part of your life. Some people have decided to announce their divorce on social media so that dozens of conversations are consolidated into one. Facebook is the most popular medium for these announcements because it is ubiquitous and does not have character limitations. However, you should take your time to craft your message and consider whether this type of announcement is appropriate for you.

Timing

Facebook is not the first place you should go once you have decided to divorce. There are people who deserve to know about your divorce before you make the news public. You obviously need to have personal conversations with your children and other family members you are in regular contact with. You should also consider personally telling your closest friends. Think about how you would feel if you found out about your best friend’s divorce on Facebook. By telling them in advance, you are showing your friends that they are important to you and that you may need to rely on them for support during the divorce.

...

Responding to Domestic Abuse Accusations During DivorceYour spouse can drop a figurative bomb on the divorce process by accusing you of domestic violence or child abuse. Besides the potential criminal ramifications, the accusation may temporarily prevent you from seeing your children. The restriction can become permanent if the investigation substantiates the accusation. Unfortunately, some spouses will make false accusations of domestic violence or abuse, knowing that it will put the accused at a disadvantage. You were previously concerned about getting a fair share of the allocation of parental responsibilities, but you are now fighting to have any access to your children. When your spouse accuses you of domestic abuse, your divorce attorney can create a strategy to contest the accusation:

  1. Comply with Court Orders: The court may immediately respond to your spouse’s domestic abuse accusation by granting a temporary order of protection, prohibiting contact with your spouse and children. You may feel defiant towards the order if the accusation is false, but it is important to cooperate and contest it legally. You may be arrested for violating the order, which your spouse will use against you during the divorce.
  2. Understand Your Past Actions: Before accusing your spouse of lying, you should consider whether your past behavior qualifies as domestic abuse. Verbal harassment, intimidation, and willful neglect are all forms of abuse, though they may not have the same legal consequences as physical abuse. If you have been emotionally abusive in the past, agreeing to seek counseling may help you maintain parental rights.
  3. Build a Defense: As the accuser, your spouse must show that the domestic abuse claim is legitimate. However, the burden of proof when deciding parental responsibilities in a civil divorce case is not as strict as when you are facing criminal charges. Thus, you will need to gather evidence showing that you are not abusive by nature or that your spouse has a motive to lie. Collect correspondences and bring in witnesses that attest to both your and your spouse's character.
  4. Keep Your Cool: False accusations of domestic abuse will make you angry because they are deeply personal to you and manipulative by your spouse. However, you should refrain from emotional outbursts or threats against your spouse, whether in court or in private. By retaliating, you are helping your spouse by demonstrating your abusive behavior. You must remain calm while still adamant that the accusations are false.

Your Parental Rights

When a divorce court believes you are a danger to your children, it can deny you parenting time or limit you to supervised visits. A McHenry County divorce attorney at Botto Gilbert Lancaster, PC, can help you disprove false domestic abuse allegations in divorce court. Schedule a free consultation by calling 815-338-3838.

...

Missing Response Deadline May Lead to Default DivorceBeing served notice of your spouse’s intent to divorce may shock and upset you. However, ignoring or avoiding the notice is never in your best interest. Failing to attend scheduled divorce hearings will not prevent your spouse from divorcing you. Instead, the court may grant your spouse a default judgment on your divorce. In a default judgment, your spouse will be able to dictate the terms of the:

A court will not approve a default divorce agreement that is clearly unfair to you, but the agreement will still favor your spouse. Your now-former spouse will be able to seize certain properties and possibly require you to make monthly support payments. You must respond to your divorce notice to avoid a disastrous default judgment. If the court has already approved the default judgment, you may be able to vacate the judgment.

Chance to Respond

...

Client Efforts Can Help Save Money on DivorceLegal fees can accumulate when you are going through your divorce. For each meeting you hold and legal action you request, your divorce attorney will add work hours to your bill. Attorneys are a necessary expense during a divorce because their legal knowledge is irreplaceable. Trying to handle your divorce on your own could be more expensive because of the hours you would need to devote to it and the risk of making mistakes. Still, some clients incur unnecessary legal expenses during their divorces. There are ways to save money on your divorce while still having high-quality legal representation.

Be Prepared

There are certain financial details that any divorce attorney will need to know before you start negotiations. When you do not provide the information yourself, your attorney will spend many billable hours researching that information. You can save your attorney time and yourself money by coming to your initial divorce meeting with:

...

New Tax Law May Cause Divorce Rush in 2018The recently passed federal tax reform law will do away with the popular alimony tax deduction for all divorces that are completed after Dec. 31, 2018. According to the IRS, about 600,000 people claimed the deduction in their 2015 returns. Spousal maintenance agreements that are created before the end of the year will still be able to claim the deduction in the future. Thus, some couples feel that they are facing a deadline to complete their divorces before the new law goes into effect.

What Changes

With the current tax laws, the person paying spousal maintenance after a divorce can deduct the payments when filing his or her taxes. In turn, the spousal maintenance recipient must report the payments as taxable income. The new tax law makes spousal maintenance payments tax neutral in the same way that child support payments are. The payer will no longer claim the deduction, and the recipient will not pay taxes on it.

...
Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
Back to Top