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Will County divorce attorneysIn today’s world, it is not uncommon for couples to seek out a divorce after one, two, or even three decades of marriage. Many see themselves in the clear after years of marriage; however, distance can develop at any point in your relationship. Also known as gray divorce, there are a number of reasons why couples are turning towards this legal split later in life, and for those who are making this decision mid-life, it is even more important to seek out reputable legal representation to help guide you through the process.

Financial Implications

Your financial state is constantly changing throughout your relationship. One year you may have the flexibility to go on multiple vacations, while a year later you may struggle to make ends meet. Financial difficulties are a common reason for any divorce, but especially for those who have arguments regarding their finances for years on end. Maybe one spouse is the primary breadwinner and makes all the financial decisions, or perhaps one of you has spending habits that sends your partner over the edge. For middle-aged couples, these constant arguments can add up and eventually lead to their demise.

Infidelity

Rarely do relationships survive instances of infidelity, especially after you have spent decades together and have full trust in your spouse. Being unfaithful in a marriage is one of the quickest ways that a relationship can become severed, and with various dating apps and websites at your disposal, it can feel as if temptation is surrounding you at all times. Baby Boomers tend to be individualists and can often place their own needs above others. While cheating may not carry the same stigma that it once did, these actions can still lead to severe consequences in a marriage.

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Joliet divorce attorneysEvery divorce is different, including each spouse’s inclination to be cooperative throughout the process. Though it is easiest and quickest for both parties to be forthcoming regarding their finances, it is not uncommon for one or both spouses to attempt to keep a portion of their assets out of the divorce proceedings. As an equitable distribution state, Illinois requires all finances and assets to be disclosed and fairly distributed between both parties, even if one spouse was the primary breadwinner. If you suspect that your spouse is keeping a side-stash of assets, you may consider taking additional action to reveal their true colors.

Common Signs of Hidden Assets

Do you have a feeling that your spouse is not being truly forthcoming about their assets, but are unsure of where to look? Before obtaining a court order against your spouse, you should try to do your own digging. There are four common ways that spouses hide their assets during a divorce:

  1. Denying that the asset exists
  2. Transferring the asset to a third party for the time being
  3. Claiming that the asset was lost or misplaced
  4. Creating false debt

Looking at the details on your tax returns are often the most telling of your true financial situation. The first place that you should look is the itemized deduction section. You can easily detect undisclosed assets or income. For example, a deduction of property taxes could reveal the existence of a hidden property. You can also look at the interest and dividends recorded on the tax return. First, create your own inventory of the assets that you know of, then compare this to your tax return to determine if there are any unknown assets generating interest or dividends. There are a number of other areas that can be useful in locating hidden assets with the help of your attorney, though this is a good place to start.

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Joliet divorce attorneysDo you turn to social media to seek out support from others who share similar experiences or do you use it as a personal diary to vent about your problems? Now that social media has become so integral to our lives, these digital platforms take on different meanings for everyone. Depending on your current circumstances, social media can be a fun pastime or an emotional outlet, but when it comes to your divorce, these platforms should always remain neutral. When divorces become contentious and conflict begins to arise, social media accounts are one of the first places that your spouse’s attorney will turn for evidence in his or her favor.

Areas of Concern

The two places where contention typically surfaces is during child custody determinations and the asset division process. If your co-parent is dead set on parenting alone, they will need to provide an explanation of why you are not fit to be a parent. In some instances, these accusations can be made out spite for the conflict that occurred during your marriage, rather than a true testament of your ability to act as a responsible parent. Whether or not the accusations are actually true, social media posts can make it easy to convince the judge otherwise. A number of photos of you out with some friends, holding a beer in one hand, can be misconstrued as a common occurrence of alcohol abuse. Without adequate or accurate context, a judge can view the series of photos as a testament of your character and ability to safely parent your child, resulting in reduced or even supervised child custody orders.

Additionally, your social media presence can be telling of your financial situation. When it comes to asset division and spousal maintenance decisions, the court will decide who gets what based on each spouse’s income and personal savings. If you claim that you have a very limited income, asking for consistent spousal support or a particular marital asset, then post a photo of you on vacation, the judge can easily get the wrong idea. Even if you planned the vacation well in advance of your divorce or the trip was a gift from a close family member, your spouse can attempt to spin the situation to work in his or her favor.

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Will County paternity lawyerIf you have recently had a child, or simply never identified your child's father on their birth certificate, it is important that you legally recognize who the child’s biological father is. For some mothers, naming their child’s father may open a door for a contentious or abusive relationship between the child and their biological father. For others, they may not be certain about who the father is. A difficult situation that some mothers encounter is their child’s biological father passing away before they were able to name them on the birth certificate. Even if the child’s father is deceased, proving paternity can lead to a number of benefits, both financial and emotional. Luckily, those with male children still have the ability to do so with the help of modern technology.

DNA Testing on Family Members

For those who want biological proof of who their child’s father is, DNA testing is the manner in which this can be done. This is a common option for men who are uncertain about their biological connection to a child. Though it may seem far-fetched, this is also a way to prove paternity for a man who is deceased if you have a son. Modern technology has allowed lab technicians to determine a child’s father by analyzing the man’s blood relatives’ DNA. Such paternity testing will be conducted using DNA samples from the paternal grandparents or alleged father’s other children since this will reveal whether or not the genes actually match the deceased, alleged father. By looking at the chromosomes within the DNA, lab technicians can determine whether or not there is a biological connection between the child and the man in question.

Taking a closer look at the biology behind the testing, one must understand that men have an X and a Y chromosome while females have two X chromosomes. For male children, their Y chromosome will be compared to that of the paternal male relatives. Y chromosomes are passed virtually unchanged down the male line. By comparing the Y chromosome of the male child to the alleged father’s brother or father, one can determine whether they match—signifying their biological connection—or not—proving that they are unrelated.

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Joliet divorce attorneysDetermining what to do with your family home during the asset division process can be a difficult task. For some, it may be obvious who will be keeping the house and who will be moving out. For others, it may be a contentious conversation to have during your divorce proceedings. Illinois divides marital property equitably, but not necessarily equally, and this reality can leave you wondering how you and your spouse will each be granted equivalent amounts of marital property if your family home is your most expensive asset. With the help of a reputable divorce attorney, you can be fully informed on the options available to you and will receive your fair share.

Dividing Your Large Assets

For those who have more than one large asset, determining who gets the family home may not seem like an unfair discussion. If you and your spouse have multiple large assets, such as luxury cars or a vacation home, you may just agree to have one spouse keep the home and the other keep the second large asset. This is the easier route to take if it is a possibility, but for most families, their home is their one and only particularly large asset.

Buy Out Your Spouse

In order to avoid having one spouse benefit by receiving the largest asset, while the other spouse feels short-changed, the spouse who intends on keeping the marital home can buy out their former spouse. This requires an official appraisal of your house’s current market value, dividing the number in half, and the new sole-homeowner paying their former spouse for their half of the ownership. This is a common solution used by divorcing parents, allowing the children to remain in their current home with one parent while the other parent finds alternative housing.

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