The post How is Cryptocurrency Divided in a Divorce? appeared first on Butler Giraudo & Meister, P.C..
]]>Cryptocurrency, often referred to as just “crypto,” is a digital currency. It’s not backed up by a bank or by any country’s government. You may have heard of bitcoin, but there are some other popular types of crypto as well. We don’t want to get too into the weeds here, so these are just the basics.
If you or your partner have invested in cryptocurrency, you’ve probably seen it fluctuate in value. Whether you plan to sell it or hold onto it, it’s going to split up when you divorce. It’s important to figure out how you will deal with that.
If an asset was gained during the marriage, then it will be divided up during your divorce. This is true for cryptocurrency, and the value it has gained since you invested, as well. You could see the cryptocurrency split 50/50, with each spouse getting their fair share.
However, in some cases there is just one spouse who has invested in crypto. They often want to keep it in the hopes that their investment will continue to grow in value. This is certainly a possibility and something that we can help you fight for. If you wish to keep all of your crypto, you should expect to give up other property that is roughly equal in value.
Another thing to be concerned with during a divorce is whether or not your spouse is hiding cryptocurrency. Because this asset is harder to track, some are tempted to lie and skate through the property division process without disclosing it. However, you should know that disclosing all of your assets is a requirement during a divorce. If you are thinking about hiding crypto or any other assets, we do not recommend it. If you suspect that your spouse is hiding cryptocurrency, we can help you get to the truth.
If you are going through a divorce, it’s important to have someone on your side who can advocate for you. We can help you pursue a fair property division arrangement. Contact Butler, Giraudo & Meister, P.C. to schedule a consultation and learn more about what can be done.
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]]>The post When Are Emergency Custody Orders Necessary? appeared first on Butler Giraudo & Meister, P.C..
]]>You are only supposed to file emergency custody orders when you believe that your child will be put in danger if the other parent keeps physical custody. You do not file these orders over a simple disagreement with your spouse. It won’t reflect well on you if there was in fact no good reason to schedule an emergency hearing.
There are many good reasons to file emergency custody orders though. You can ask for custody when:
Unfortunately, the court will not just take your word for it in these situations. You must show up to your hearing with evidence. Some things that can help include:
Yes, you will have to go to a hearing. It can take a while to get a customary child custody hearing, but a hearing related to emergency custody orders could happen in the next day or two after a motion has been filed. This gives you the opportunity to get your child out of a potentially bad situation quickly.
You can present your evidence and tell the court why you filed for emergency custody. If you are convincing, then you will be awarded custody. Then another hearing would be scheduled for later on. Your attorney can help you gather evidence and they can argue on your behalf. If you want to have the strongest possible case, hiring a lawyer can be the wisest move that you make.
If you need help addressing a custody issue, contact Butler, Giraudo & Meister, P.C. We can schedule a consultation and take the time to learn more about your situation.
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]]>The post How is a Mortgage Handled in an Illinois Divorce? appeared first on Butler Giraudo & Meister, P.C..
]]>It is possible for one spouse to keep the home and the mortgage. In order to do this, the mortgage would have to be refinanced in one person’s name. The lender would have to accept you or your spouse as the sole guarantor and the property would need to be retitled.
This may not work in some situations though. The spouse who wants to keep the house needs to be approved as a sole owner, and that could be difficult depending on their credit history and other factors. If the spouse who wants to take the home has bad credit or few assets, the lender may not want to accept them as the sole guarantor of the loan.
One of the easiest ways to deal with a home is to just sell it and keep the proceeds. This can be split up during the property distribution process. The money can be split half and half, or one spouse could get more depending on how other property has been distributed.
One spouse could also buy out the other one by purchasing their equity. If you owe $300,000 on a $500,000 home, you have $200,000 in equity. The spouse interested in keeping the home would have to pay them $100,000 for their share of the equity if a couple has been paying their mortgage off together.
Before you decide what to do with the house, you should also consider the feelings of your children, if you have any. Would moving be too stressful for them? Would you have to move out of the area if you sell the house, moving them away from their school and friends? If a move would cause issues for your family, keeping the home might need to be prioritized.
If one spouse wants to take on the mortgage themselves, they also need to be sure that they can afford to pay the bills on their own. Alimony and child support may be able to help, but keeping the mortgage may not be worthwhile if it overextends someone financially.
If you want to make sure that your property gets divided up in a fair way, contact Butler, Giraudo & Meister, P.C. We can protect your interests during the divorce process and answer any questions that you have during the property distribution process.
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]]>The post How Are Custody Decisions Made for Special Needs Children? appeared first on Butler Giraudo & Meister, P.C..
]]>First, it’s important to talk about physical and legal custody. Legal custody gives a parent the right to make major decisions on behalf of the child. Both parents can be awarded legal custody and that would allow both of them to weigh in on decisions regarding healthcare, education, and other important topics.
Then there is physical custody. This is who the child spends most of their time with. A parent can have legal custody, but not physical custody.
While both parents can be awarded legal custody, who gets awarded physical custody of special needs children can often be a more complicated question. The well-being of the child is always going to be the most important thing. So the court is going to ask questions like:
Every case like this is different, but the bottom line is that the court is going to evaluate all of the evidence and testimony to figure out which parent is going to be able to create the safest home for their child.
The parent who does not get physical custody may still get visitation rights. They just might not look like those found in a typical custody agreement. For example, if the child has a physical disability and the noncustodial parent’s home is not set up to safely accommodate their disability, visitation may have to take place at the custodial parent’s home or at another location.
If you want to learn more about how our lawyers can be of assistance, contact Butler, Giraudo & Meister, P.C. and schedule a consultation. Fighting for custody of special needs children can be difficult, but we will do everything that we can to advocate on your behalf and fight for the best possible outcome.
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]]>The post How Important is Financial Stability in Custody Decisions? appeared first on Butler Giraudo & Meister, P.C..
]]>Of course, the court is going to want to place children in homes that are financially stable. They do not want a child dealing with difficult housing arrangements that can cause stress. If one parent is often on the verge of homelessness, for example, then that may affect whether or not they are granted physical custody at all.
Financial resources are important, but the key consideration here is always going to be the best interests of a child. That means that the court can also look at factors like:
The court can also consider how the finances of a household affect it in other ways. For example, you make less than your ex but they work 10 to 20 hours per week more than you do at a more demanding job. Your ability to spend more time with your child due to your former spouse’s work obligations could work in your favor, even if it seems like the richer parent would offer more financial stability.
What you also have to remember is that the parent with less money is also likely to receive child support and alimony. This can even the scales a bit, giving both parents a similar degree of financial stability. As long as a parent is not on the edge of homelessness, their finances are unlikely to be the main reason they are or are not granted custody.
If you are serious about fighting for a favorable custody arrangement, you should consider talking to an attorney. We can advocate on your behalf and make some convincing arguments about your home and why your child should be allowed to stay there a majority of the time or at least visit.
So if you are going through a divorce, make sure that you have someone advocating on your behalf. Contact Butler, Giraudo & Meister, P.C. and schedule a consultation with our legal team. We can tell you more about what our attorneys can do to assist you.
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]]>The post Under What Conditions Is Sole Custody Granted in Divorce Cases? appeared first on Butler Giraudo & Meister, P.C..
]]>Yes, sole custody can be granted in Illinois, but it’s not that common. Usually, the court thinks that it is in the child’s best interest to have both parents taking an active role in their life. When you get awarded sole custody, you are the only one who can make important decisions relating to education, healthcare, and religion for your child. Normally, the noncustodial parent would have some kind of input here, even if their kids do not live with them the majority of the time.
If you want to argue for sole custody, you have to show that it is in the best interest of the child. There is something about your former spouse that makes you believe that they should not have input into some of the most important decisions of the child’s life. You often have to have an argument like:
You should also remember that you need evidence to back up your arguments. The burden of proof is on you, and your opinion or observation may not be enough. You’ll want witness testimony, photo evidence, police reports, and copies of communications between the two of you. Anything that can help you make your case should be gathered and shown to a family lawyer.
Being granted sole custody does not mean that you will be the only parent in your child’s life. Visitation rights can still be granted to the noncustodial parent. If there is some kind of risk involved, then the court may ask for supervised visitation. This can ensure that your child stays safe and that the other parent still gets time with their kid, despite any issues they may be facing.
If you want to learn more about your options and how our lawyers can help you fight for the best interests of your children, contact Butler, Giraudo & Meister, P.C. and schedule a consultation. We would love to tell you more about what we do for you.
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]]>The post 2024 Super Lawyers List Features Four Butler, Giraudo & Meister Attorneys appeared first on Butler Giraudo & Meister, P.C..
]]>More specifically, Ms. Giraudo has been recognized as a Super Lawyer for 2024, her second consecutive year receiving this recognition. She has also been previously named a Super Lawyer Rising Star in 2022, 2021, and 2020. In addition, Ms. Meister, Ms. Hickey, and Ms. Cunningham have been recognized as Super Lawyer Rising Stars for 2024. Ms. Meister has previously received this same recognition for 2023, 2022, 2021, and 2020, while Ms. Hickey has been previously recognized for 2023. Notably, this is Ms. Cunningham’s first year receiving this honor. To learn more about Ms. Giraudo’s, Ms. Meister’s, Ms. Hickey’s, and Ms. Cunningham’s past honors and awards, simply follow the links.
Of note, to be recognized on the Super Lawyers list, an attorney must first undergo a rigorous selection process that includes nominations, independent research, and peer evaluations. Ultimately, each year only five percent of lawyers in each state are recognized as Super Lawyers, while only 2.5 percent of lawyers in each state are recognized as Super Lawyer Rising Stars. This is all to say that this honor is a true testament to the hard work and dedication our lawyers have for our clients.
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]]>The post What Are the Common Challenges Faced in Joint Custody Arrangements? appeared first on Butler Giraudo & Meister, P.C..
]]>You want consistency when you share parenting time with your ex, but all sorts of conflicts can come up in joint custody arrangements. If you both have different ideas about how to parent your children, that needs to be addressed. Common issues include:
Discipline: Having two sets of rules and one household that is more punishing than another can be extremely confusing for a child. It’s a good idea to get on the same page about basic rules and what happens when these rules are violated.
Finances: Sometimes one household clearly has more money than the other. This can create obvious inequities and could be exacerbated by a parent who attempts to “buy” their children’s affection. It’s wise to have a discussion about how the children’s financial needs are met and whether or not money will be spent on nonessentials outside of holidays and birthdays.
Resentment: If you and your ex did not end things on the best terms, you need to keep your kids away from those feelings of resentment. Talking badly about your children’s other parent while they are in your home is a horrible idea and you will just make things more difficult for everyone.
The key is communication. You cannot just yell at each other when there is some kind of fundamental disagreement about how the kids are raised or treated. Clearly, both of you care a lot about these issues, otherwise there would not be conflict in the first place. You should:
If you are really struggling, sometimes therapy can be beneficial. Some family therapists can focus on co-parenting and the issues that are common to joint custody arrangements. Therapy can help you set boundaries and communicate more effectively. It could also show that some things are worth compromising on a little. For example, you and your former spouse may disagree about how much screen time your children have, but your kids are keeping up on their school work and other obligations while they are with your ex. You might be able to let a small difference in parenting philosophies slide.
If you have any questions about joint custody arrangements and how you should handle any conflicts, contact Butler, Giraudo & Meister, P.C. Our knowledgeable and compassionate family lawyers are here to help you.
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]]>The post What Is a Parenting Plan in a Custody Case? appeared first on Butler Giraudo & Meister, P.C..
]]>A parenting plan is not exactly the same as a custody agreement. Physical custody determines who the child is spending most of their time with. If both parents are awarded legal custody, then this means that they can make decisions about important matters facing their child.
So you may be the parent that gets their child once a week and every other weekend, but you could still have legal custody. This means that you and your spouse must have a way to deal with the big choices that can face any parents. This is where a parenting plan comes into play.
At the very least, a parenting plan needs to cover four major areas. It should address:
If your plan does not account for these things, you are likely to run into a lot of conflicts. Having a written document can reduce the chance that you’ll fight over healthcare decisions, like whether or not to get your child certain vaccinations. Your plan can address what kinds of schools your child goes to and who will handle college costs as well.
It’s also important to address extracurricular activities because they can cost a lot of time and money. What happens if one parent objects to a sport because they think that it’s too dangerous? What if games or events occur during the noncustodial parent’s visitation time? Having a plan in place for what to do in these situations can make them a lot less stressful to deal with when they do come up. It’s also a good idea to talk about how you will get together to make any changes to your parenting plan in the future.
Unfortunately, some people struggle to work with each other once they have been divorced. If you cannot work together and agree on a plan, it may be necessary to try mediation or working with a lawyer. We can help you figure out how to communicate with each other and make sure that your parenting plan keeps the best interests of your children in mind.
If you are in a custody battle or working on a parenting plan after one is settled, our experienced family lawyers can help. Contact Butler, Giraudo & Meister, P.C. and schedule a consultation with our team today.
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]]>The post Can a Parent Refuse Visitation Without a Court Order? appeared first on Butler Giraudo & Meister, P.C..
]]>There are certainly good reasons to refuse visitation. You may not want your child to spend time with their other parent because you suspect that:
All of these are understandable reasons, but you cannot just accuse your former spouse of bad behaviors and then ignore the visitation schedule.
No matter how good your reasons are for refusing visitation, you still need to go through the proper channels. Even if you think that you are protecting your children, the court will not see it that way unless you make your case and an honest effort to change your agreement with your former spouse. Continue to violate the court’s orders and you can face some serious consequences.
There are many reasons why a child might decide that they do not want to spend time with a parent during their scheduled visitation time. However, children do not generally have a say in the visitation schedule. Both parents have a right to spend time with them.
This means that the custodial parent needs to do what they can to encourage their child to visit their other parent. It is the adult’s responsibility to make an effort here and you cannot use the whims of a child as an excuse to refuse visitation over and over again.
When the court sees that one parent continues to refuse visitation and break the current agreement, it can take action to rectify the situation. A judge could:
So if you are a parent and your former spouse will not stick to your visitation arrangement, you may have legal recourse.
If you think that changes need to be made to custody or visitation agreements, do not just refuse visitation to your former spouse. Do things the right way and contact Butler, Giraudo & Meister, P.C. Schedule a consultation and learn more about what our compassionate attorneys can do to assist you.
The post Can a Parent Refuse Visitation Without a Court Order? appeared first on Butler Giraudo & Meister, P.C..
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