Does an Affair Legally Matter in Divorce?

With the advent of no-fault divorce, many think that fault no longer matters.  As it relates to divorce, the viewpoint is that an affair does not matter at all. Some think that courts will not look at it and give it no weight at all.  In the end, the view is everything is going to be divided in half anyway.  Child support and maintenance is going to be what it is.  And in terms of child custody, many think an affair is irrelevant. Is this correct?  The reality is that this viewpoint is not accurate in many states.  It is true that


Illinois divorce law is uniquely pet-friendly

A recent law provides a new approach for judges facing disputes over who gets the family pet. The Insurance Information Institute says that 67% of U.S. households have pets, citing the 2019-2020 National Pet Owners Survey. With the commonality of divorce, what will happen to a beloved pet when a marriage ends can be an agonizing question for many, especially when children who love that dog or cat are involved. But its not just the kids who are passionate about pets. With high student loan debt and other financial challenges, many young adults are putting off parenthood and focusing their


Division of Family Limited Partnerships

Family limited partnership interests can be a significant issue in high asset divorce cases.  Whether through equitable division, or states that still engage in some form of community property, dividing interests in family limited partnerships in divorce can present challenges.  The Internal Revenue Service can also look negatively upon Family Limited Partnerships in certain circumstances. To read more on this topic, you can also read another similar article by Kirk C. Stange titled: Family Limited Partnerships and Divorce. a. Tax Consequences of the Division   Creating a Family Limited Partnership (FLP) yields tax benefits and non-tax benefits. As far as


Common Issues In Dividing a Family Business

Often, the largest asset in a case where one spouse owns a business is the business itself in divorce, and often the biggest assets of that business are not liquid. Marital property and debt is to be divided in accordance with the law in your particular state. However, in a general sense, in a dissolution of marriage action, assets and debts have to be divided in a just manner or as set forth by the laws in your state. In order to achieve a just division, it is vital to have a business properly valuated to achieve that end. Common


Divorce & Estate Plans

Divorce is an emotional and financial roller coaster and estate planning may not be one of your priorities, but if steps are not taken to update your estate plan, your assets could be distributed to those you would not expect, even your ex. Here are some steps you can take to insure that your estate plan reflects your current status and wishes. Create New Will – Sometimes it is wise to revoke your old will and make a new one. If you don’t have a will, now is the time to do so. Also, if you have a living trust


Missouri divorce: Dividing large assets requires proper planning

Dealing with divorce in Saint Louis County is one of the hardest experiences a person may have to go through. When there is a great deal of money and property involved, it can be even more difficult as one spouse may try to hide assets or intimidate the other spouse into accepting less than they may be entitled to. It is important for a spouse to make a complete list of the marital property, determine the value of that property and then negotiate for a fair distribution of the couple’s assets. Listing marital property The first thing that a spouse


Prenuptial Agreements Line by Line

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Strategies For Family Law Illinois

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Strategies For Military Family Law

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