assets, Rolling Meadows divorce attorneysDivorce represents both the end of a romantic relationship and the end of a financial relationship. Illinois laws regarding property division, child support, and spousal maintenance are designed to be fair and reasonable so that neither spouse suffers serious financial harm. However, in order for these laws to be applied accurately, divorcing spouses must be truthful about their debts, assets, income, and expenses.

In some cases, a spouse may fabricate financial data in order to gain a divorce settlement that is biased toward him or her. This is especially common in situations involving a spouse who owns a business, has complex investments, or who has traditionally made all of the financial decisions in a marriage. If you are worried that your spouse may lie about finances in order to gain an unfair advantage during divorce proceedings, speak to a divorce lawyer as soon as possible.

Ways Your Spouse May Attempt to Hide Assets

One of the most common ways a spouse attempts to gain an unfair financial advantage during divorce is by making his or her assets or income appear less than they actually are. There are several ways that a spouse may do this. He or she may fail to report certain sources of revenue such as business revenue or income from complex investments, hide assets in overseas accounts, transfer property or lend money to friends, overpay the IRS, or otherwise create the illusion that he or she is worse-off financially than he or she actually is. The spouse may also overstate debts or fabricate expenses in order to influence the divorce settlement in his or her favor.

Finding Hidden Assets

If you have reason to believe that your spouse will try to hide assets or otherwise lie about finances during divorce, you need to talk to a lawyer as soon as possible. During the divorce process, you will have an opportunity to go through “discovery.” Discovery generally involves written interrogatories, or formal questions designed to determine the true facts of the case, depositions, formal requests for documents, inspections of financial data, and more. An experienced lawyer will be able to look for inconsistencies and evidence of deception in this and other information so that you receive a divorce settlement that is based on the true financial picture and not a lie.

Contact an Illinois Hidden Assets Lawyer

You deserve to receive a divorce settlement that is fair. For help uncovering hidden assets during divorce, contact an experienced Rolling Meadows divorce attorney at Cosley Law Office. We know the tricks that dishonest spouses use to attempt to sway the divorce settlement in their favor and how to combat these tactics. Call us at 847-253-3100 today to schedule a free, confidential consultation.



Posted in Division of Property, Divorce | Tagged , , , ,

abduction, Illinois family law attorneysWhen parents get divorced in Illinois, they are required to create a parenting plan which contains directions for how the parents will share custody of their children. The plan divides parental responsibilities as well as parenting time between the parents. If the parents cannot decide on a parenting plan together, the court will formulate a parenting plan that meets the child’s best interests.

Once a plan is approved by the court and entered into the divorce judgment, the plan is a legally enforceable court order. If a parent purposely violates the terms of the order, he or she can be held in contempt of court. In some situations, when a parent refuses to allow the other parent to see his or her child, the parent withholding the child is committing parental abduction.

When Does Parental Abduction Occur?

Sometimes, a parent makes a mistake and accidentally violates the terms of the existing parenting plan. He or she may have gotten two dates mixed up or simply lost track of time. Situations like these do not constitute an offense that is likely to result in criminal or civil consequences. However, when a parent purposefully keeps a child away from his or her other parent during the other parent’s court-ordered parenting time, this could be considered parental abduction in some cases.

The following situations may be considered parental abduction:

  • A parent refuses to abide by a parenting plan and withholds parenting time from a parent who has a legal right to parenting time.
  • A parent who has not been granted parenting time through the court takes his or her child from the parent who does have parenting time.
  • A parent removes a child from the other parent under threat of violence or force.
  • A parent who is still married to the child’s other parent takes the child away for 15 or more days without consent from the other parent or notifying the other parent of the child’s location.

If you believe that your child’s other parent has taken actions which constitute parental abduction or you think that your child may be in danger, notify the police immediately. Illinois courts will never place a child in a situation is unsafe. If you can prove that your child’s other parent is not fit, you may be able to receive a modification to your parenting plan. A qualified child custody lawyer can help you petition the court for a modified parenting plan.

Contact an Arlington Heights Child Custody Lawyer

Disputes about parental responsibilities and parenting time can often be complex and contentious, especially when allegations of parental abduction are made. For help from a seasoned Rolling Meadows family law attorney, contact Cosley Law Office. Call our office at 847-253-3100 to schedule a free confidential consultation to discuss your needs.



Posted in Child Custody, Divorce and Children | Tagged , , , , , ,

divorce, Rolling Meadows divorce lawyersWhile it can certainly be fulfilling and ultimately bring a great deal of happiness to both spouses, marriage takes a great deal of work, even in the best of circumstances. In more challenging situations, staying together might prove impossible, especially if one spouse is particularly unhappy. This can become painfully obvious if that spouse files for a divorce that you may have never seen coming. If you have recently been served with divorce papers and the request has taken you by surprise, it is time to start preparing for the road ahead.

Act Quickly

Once you have been served with divorce papers, it means that your spouse has formally filed a petition for divorce with the court. For your part, you must file a written response, or at least an appearance, within 30 days. Your response does not necessarily mean you agree to the divorce. In fact, you can directly refute any complaints or allegations your spouse may have included in the petition. If you do not file an appearance or a response in the allotted time, however, you risk being held in default, which means the process can continue without you. A default judgment against you in your divorce should be avoided at all costs.

It May Not Be Too Late

By filing a petition for divorce, your spouse has made it pretty clear he or she is ready to move on from the marriage. A relationship does not fall apart overnight; rather it deteriorates slowly over months and sometime years. If you have failed to notice a serious problem before your spouse filed, your chances of resuscitating the marriage are probably very slim. Speak to your spouse, anyway. Even if reconciliation is not a possibility, you may be able to gain some insight into his or her decision to divorce. This may be able to help you decide how to proceed from your end.

Know the Law

For the last several decades, a spouse who not accused of marital misconduct and did not want a divorce could stall the proceedings for as long as two years, as the law required 24-separation prior to granting a no-fault divorce. Today, the law is much more lenient, with no mandatory separation period whatsoever. If you decide to contest the proceedings, however, the court will accept a six-month separation as proof that your marriage has deteriorated beyond repair, and that proceeding with the divorce is reasonable.

Get Help from a Rolling Meadows Family Lawyer

If you have been served with divorce papers and uncertain of your next step, you need to contact an experienced Arlington Heights divorce attorney. We can help you draft an appropriate response to the divorce petition and will remain at your side throughout the entire divorce process. Call 847-253-3100 to schedule a free consultation at Cosley Law Office today.



Posted in Divorce, Illinois Family Law Attorney | Tagged , , , ,