Most Americans are familiar with the basic concept of property division in an Illinois divorce: the court will attempt to divide the property between the two divorcing spouses in a fair and equitable manner. But a business is a much more complicated asset to divide than, say, the value of a car or the value of a home. What is more, the value of a business on any given day may fluctuate and, over time, can vary widely from its value at a previous point in time.
There is never truly an “ideal” time to divorce: any time a couple chooses to divorce will involve the divorcing spouses having to make decisions about issues and matters that may or may not be relevant in another couple’s divorce. Parents who are divorcing and who have children planning to go to college in the near future are no different. Some of the issues relevant to divorcing couples with college-aged children include:
No lawyer or litigant likes to lose in court. This is especially true in divorce cases where a “losing” party can have his or her financial interests and/or parental rights adversely impacted. When this happens, the “losing” party – the one whose interests were adversely affected by the trial court’s decision – may be left wondering how such a terrible (relatively speaking) decision can be undone. Most individuals have heard the term “appeal” and know that an “appeal” can reverse a decision entered by an Illinois trial court. Can you appeal a trial court’s decision in a divorce or child custody case? More importantly, should you appeal a decision?
A Jacksonville, Illinois man was shot and killed recently, allegedly by the man’s ex-father-in-law. Around the time of the man’s divorce, he sought and obtained an order of protection against his ex-wife, claiming that he feared for his life after his ex-wife allegedly threatened him with a handgun. Before the man was killed, court records appeared to show the man’s ex-wife allegedly violating the order of protection several times. Unfortunately, this man’s tragic experience is not unique. Although orders of protection are meant to protect victims of abuse and stalking from further harm, oftentimes violations of these orders go unreported by the victim or courts do not take sufficiently aggressive measures to deter future abuse. This leaves one to ponder: what “teeth” do orders of protection have in Illinois?