In order to begin the divorce process, you need to serve your spouse with court papers. Some spouses may not want to face the realities of the divorce process, such as child support and alimony. Even when you hire a third party to personally serve your spouse, they may struggle to track down your spouse. A divorce lawyer can help you when you are having difficulty making personal service.

Service Requirements in a Divorce

In order to meet your requirements for personal service in a divorce, you must have a third party, such as a sheriff or private service agency, serve your spouse. You are not allowed to do it on your own, even if the divorce is uncontested (if the divorce is uncontested, you do not have to serve your spouse papers at all). You can meet the requirements by:

• Having the third party give the papers to your spouse personally

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Your divorce case will mean that there are court records. Some of these records may contain sensitive and potentially damaging information that you do not want exposed to the general public. It is possible to have your divorce records sealed under certain circumstances. However, there are reasons why a judge may not grant any motion to seal your divorce records or allow certain information to remain public.

The Presumption Is that Documents Are Available to the Public

Under the Illinois Clerk of Courts Act, documents that are required to be kept by the court’s clerk are public records. Public means that anyone can show up at the courthouse and inspect these records. If your divorce is messy, or if there is information that you want kept confidential, anyone can learn about it. The only way that your divorce records can be sealed is when you file a motion with the trial court. The judge must grant the motion to seal the records.

How Courts Consider Motions to Seal Your Record

Illinois courts will generally consider two factors in deciding whether to seal divorce records:

Whether alimony will impact your tax return depends on when your divorce was finalized. Federal law recently made major changes to the tax treatment of alimony payments after an Illinois divorce. Illinois also made dramatic amendments to alimony law around the same time. Alimony paid pursuant to a recently finalized divorce will not be tax-deductible for the payor, nor will the receiving spouse need to pay income tax on it. 

The Tax Cut and Jobs Act of 2017 Changed Tax Treatment

Prior to 2019, the paying spouse was able to take a tax deduction for any alimony paid, enabling them to recoup some of the money that they paid in spousal support. Now, the TCJA made changes to federal law. Now, the receiving spouse does not have to treat alimony as income for income tax purposes. The paying spouse is no longer able to take a tax deduction. Still, a court would consider the spouse’s ability to pay alimony in light of the changes in federal law. If a divorce was finalized before January 1, 2019, alimony is still deductible for the payor and taxable for the recipient.

Illinois Alimony Law Also Changed in 2019

Illinois made similar changes to its own laws around the same time. Now, courts will look at the paying spouse’s net income after tax, as opposed to gross income before tax, in calculating the amount of payment. Illinois courts also use a new formula to calculate alimony payments. The same law also changed Illinois tax laws to exclude alimony from the definition of income and to make the payments no longer tax-deductible. Similar to federal law, the old Illinois rules apply to divorces that were finalized before the new law took effect. 

Couples in a high-asset divorce case have a lot to lose. If they own a business or a stake in a business, they need to hire divorce lawyers who are proficient in business valuations. The process requires an accurate account of the entire marital estate. While assigning values to non-complex assets such as furniture and vehicles is simple, assigning one to complex assets such as business interests requires professional legal aid.

When a Business Is Considered a ‘Marital Asset’

The state of Illinois uses 'equitable distribution' to divide property between spouses during a divorce. This means both parties receive a fair and equitable portion of marital assets. If a business was founded while the couple was married and before they were legally separated or divorced, it is likely considered a marital asset. 

However, if either party owned a business before marriage, some of their business assets may also be considered marital property. Additionally, business interests stemming from the non-marital property can be converted into marital property if they are commingled with other family-owned assets. This includes shared accounts which are used to manage business and family finances. 

Divorce and child custody battles can lead to strong emotions and heated arguments. This is where a collaborative process can prove invaluable. Using collaborative law, both sides can work amicably to come to non-adversarial decisions without court intervention. Resolving a divorce or family law dispute through collaborative law can be financially and emotionally easier on all involved in the divorce. 

What Is a Collaborative Divorce?

In a collaborative divorce, each involved party retains an attorney representing their interests. During this process, information is exchanged voluntarily, and settlement meetings are held to discuss and finalize agreements on key issues. 

This model aims to develop an agenda so both parties can have control over the divorce process. Here are some things you should know about the process: