Michael L. Lodermeier, P.C. Honest. Aggressive. Intelligent. 2026-08-21T14:57:50Z https://www.mllfamilylaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1502347/2021/07/cropped-Favicon-32x32.jpg On Behalf of Michael L. Lodermeier, P.C. <![CDATA[What can a financial statement miss in a high-asset divorce?]]> https://www.mllfamilylaw.com/?p=46838 2026-08-21T14:57:50Z 2026-08-21T14:57:50Z What Illinois treats as marital property Illinois courts do not treat your professional degree or license as marital property. Your medical or law license, for example, does not become an asset that the court divides in divorce. A share of a practice is different. Illinois generally treats property you gain during the marriage as marital property unless an exception applies. The court then considers that property when dividing the marital estate. A financial statement may list your share without showing the rights that come with it. A partnership agreement could limit when you can sell your interest or what happens if you leave the practice. Those terms may help explain why the number on the form gives only part of the picture.

Looking at the business more closely

An experienced legal counsel may review your partnership agreement and business records to see what your share includes. Those papers could explain how the practice pays you or what happens if you leave. Your counsel can also work with a financial professional to find out what the business is worth. That review helps separate the value of the business from income tied to your future work. It could also show whether the amount on your financial statement needs more explanation.

Gather the records that matter

Consider keeping your partnership agreement and recent business records in one place. Tax returns may also show how the practice earns income and pays you. These documents could help you understand your share of the business more clearly. As you get ready for the divorce process, organized records may help you identify which assets need more review.]]> On Behalf of Michael L. Lodermeier, P.C. <![CDATA[How divorce affects spouses in business partnerships]]> https://www.mllfamilylaw.com/?p=46833 2026-06-25T13:57:39Z 2026-06-25T13:57:39Z What impacts business divisions? Under the Illinois Marriage and Dissolution of Marriage Act, the court distributes marital property equitably. It divides assets and debts you and your spouse own fairly— but not necessarily equally. Numerous factors determine whether your shared business is marital property. The timeline of your business’s creation can affect how the divorce process treats your business. Illinois evaluates and divides marital business interests based on:
  • Acquiring or forming your business during the marriage: Illinois presumes that all property acquired by either you or your spouse during the marriage is marital property.
  • Starting or acquiring your business before marriage: You or your spouse may have formed a business prior to your marriage, and the other helped out. There may be more nuance influencing the decision. A court may deem a portion of the business’ appreciation as marital interest or property.

Valuation and division factors

Once the court determines if your business is marital property, then deliberation on division can begin. Illinois’s equitable distribution system does not divide any property on a strictly 50/50 basis and that includes businesses. Judges determine fair splits using multiple factors, such as spousal contribution to the business, financial standing and the type of business. Special circumstances may influence division. In specific fields, such as a medical practice, corporate regulations restrict business ownership to licensed professionals. If one spouse does not have a license, the court may award them the equivalent value of other marital assets instead of a physical share in the business. You may decide to do a buyout of a shared business you care about. In Illinois, spouses can keep major marital assets by compensating their partner through asset offsets or structured payments.

Getting your fair share

Division of co-owned businesses is complicated, especially with your spouse. You do not need to go through the valuation and negotiation process alone. A legal professional well-versed in Illinois divorce law can help you safeguard your rights and ensure you obtain your fair share.  ]]> On Behalf of Michael L. Lodermeier, P.C. <![CDATA[5 Ways to Minimize the Cost of Divorce in Illinois]]> https://www.mllfamilylaw.com/?p=46830 2026-05-06T09:50:41Z 2026-05-06T09:34:15Z Divorce can feel expensive from the start, yet you may have more control over costs than you think. If you live in Illinois, a few practical choices could help you reduce expenses while still protecting your interests.

1. Choose mediation when possible

Mediation often offers a more affordable path than a court battle. You and your spouse work with a neutral third party to reach agreements on key issues. This process may reduce attorney fees and shorten the timeline. It can also keep discussions more focused, which may help avoid drawn out disputes.

2. Consider a collaborative approach

Collaborative divorce involves both parties and their attorneys working together outside of court. Each person agrees to resolve issues without litigation. While you still hire legal counsel, you may spend less time on formal proceedings. This approach may help you:
  • Keep communication more open and structured
  • Focus on shared goals instead of conflict
  • Limit costly court filings and appearances
Still, the process often works best when both parties stay committed to cooperation.

3. Stay organized and prepared

You can save time and money by gathering your financial documents early. When you provide clear records, your attorney may spend less time tracking down information. Some helpful documents include:
  • Tax returns from recent years
  • Bank and credit card statements
  • Mortgage or lease agreements
  • Retirement and investment account details
Preparation may reduce delays and help your case move along more smoothly.

4.Communicate with purpose

Frequent and unfocused communication with your attorney can increase costs. You might consider grouping questions and sharing updates in a single message when possible. Clear and concise communication may help your attorney work more efficiently on your behalf. At the same time, respectful communication with your spouse could reduce unnecessary disputes, which often raise expenses.

5. Keep your priorities in focus

It may help to decide what matters most to you early in the process. Extended disagreements over smaller issues can increase legal fees without adding much value. When you concentrate on major concerns such as property division or parenting arrangements, you may find more efficient paths to resolution.

A clearer path through divorce

Divorce in Illinois can bring emotional and financial strain, yet thoughtful decisions may ease some of that pressure. When you explore cooperative options, stay organized and communicate with intention, you may find ways to manage costs while still protecting your long term interests.]]> On Behalf of Michael L. Lodermeier, P.C. <![CDATA[Maintaining a connection with your child across long distances]]> https://www.mllfamilylaw.com/?p=46829 2026-02-25T12:58:52Z 2026-02-25T12:58:52Z Living far from your child can create more than just travel headaches. It can also raise legal questions about visitation and custody. Making sure your time together is protected through a parenting plan or court order can prevent disputes and help you stay involved in your child’s life. Juggling travel, school schedules, and daily routines often takes planning and creative solutions.

Staying close when you are miles apart

In the U.S., research shows that among fathers living apart from their children, only about 22% visit more than once a week. Meanwhile, more than 25% did not see their children at all in the past year. These numbers highlight how distance can make maintaining a connection difficult without planning.  Regular communication through video calls, texting or voice messages can provide daily touchpoints that strengthen your bond. Sharing routines like reading a bedtime story over video or celebrating milestones virtually gives your child a sense of normalcy and continuity. Traveling for in-person visits may require coordination, especially when work, school or finances are involved. Planning longer but less frequent visits, alternating holidays or combining visits with weekend trips can make the most of limited time. Legal agreements can help formalize visitation arrangements, reducing conflicts and setting clear expectations.

Creative ways to make visits meaningful

Some families benefit from thinking outside traditional visitation schedules. Approaches that may help maintain your connection include:
  • Coordinating virtual homework sessions to stay involved in daily learning
  • Sending care packages with personalized notes or small gifts
  • Planning shared activities during visits, like cooking together or attending local events
  • Using apps to share photos or updates on hobbies and achievements
These strategies can strengthen bonds while making the most of available time. Consulting with a family law attorney can help structure visitation agreements that accommodate distance and protect your parental rights.

Keeping your relationship strong and protected

Distance does not have to weaken your bond with your child. Staying in touch through regular communication, sharing activities, and careful planning can create a steady sense of presence. These steps can make visits more meaningful, show your consistent involvement, and help your child feel supported no matter how far apart you live.]]> On Behalf of Michael L. Lodermeier, P.C. <![CDATA[The Benefits of Divorce Mediation for High-Conflict Couples]]> https://www.mllfamilylaw.com/?p=46827 2026-01-07T20:21:09Z 2026-01-07T20:21:09Z How divorce mediation could benefit you in a high-conflict divorce Through the divorce mediation process, you sit down with your spouse and a neutral third-party mediator to try to find resolution to your divorce legal issues. The mediator is tasked with framing the issues and facilitating conversation aimed at finding mutually acceptable outcomes. You may be doubtful that the process can work for you, but here are some of the advantages of this process for high-conflict couples:
  • De-escalation: When negotiating divorce legal issues, hurtful statements can be made that fuel an already tense situation. But in a divorce mediation, the mediator will be skilled at assisting with emotional management by re-directing conversations from past events to current issues and your future. This can deflate the conflict and lead to meaningful and fruitful conversations.
  • Structured communication: A lot of conflict arises in divorce because spouses no longer know how to effectively communicate with each other. A mediator can set ground rules that ensure that each party is heard and understood. That way one party doesn’t dominate the conversation, and each spouse has the opportunity to advocate for what they want.
  • Control: Mediation gives you control over the outcome of your marriage dissolution. This can decrease the stress you experience, which can also minimize the amount of conflict you experience throughout the process.
  • Privacy: What’s discussed in a divorce mediation remains private. This differs from litigating the matter in court where all your dirty laundry becomes public. This means that through the mediation process, your spouse can’t really use prior events as leverage against you, which can significantly reduce the risk of conflict.
Divorce mediation can be an effective way to secure the resolution that you want. But you can’t walk into the process blindly. You still have to be armed with compelling evidence and strong legal arguments that seek to protect your interests while still enticing your spouse to accept your proposals. This requires forethought on your part, so be sure to put in the work necessary well in advance of your mediation if you want to stand a chance of securing the outcome you want.

Do you want to learn more about what divorce mediation can do for you?

If you do, then now is the time to discuss the process with your divorce attorney. Hopefully then you’ll be able to make a fully informed decision that’s right for you and your goals. This could set the stage for a successful next chapter of life despite however bleak the situation may seem now.]]> On Behalf of Michael L. Lodermeier, P.C. <![CDATA[In Which Circumstances Will The Mother Lose Custody In Illinois?]]> https://www.mllfamilylaw.com/?p=46826 2025-11-04T22:40:09Z 2025-11-04T22:40:09Z What situations will lead to a mother losing custody? There are several circumstances that can lead to a mother losing custody. Here are some that you may not be aware of:
  • The mother isn’t as involved in the child’s life as she should be: To act as a custodial parent, you have to be able to meet your child’s basic needs. This means financially supporting them so that they have enough food and clothing as well as a place to live, but it also means demonstrating a certain level of interest in the child and involving oneself in their activities to promote the child’s overall well-being. If the mother falls short here, then she could lose custody.
  • The mother subjected the child to abuse or neglect: Physical abuse and bad neglect may be obvious justifications to change custody, but sometimes less severe cases are missed. If the mother verbally berates the child or leaves them unsupervised for a significant period of time, then the child’s overall well-being could be put at risk, thereby warranting a custody modification.
  • The mother struggles with substance use: Drug and alcohol use can quickly get out of hand. When a child is exposed to substance abuse, a child can quickly become endangered. That’s why the court will frown upon this issue, and it oftentimes leads to a mother losing custody.
  • The mother is involved in domestic violence: Domestic violence can prove injurious or even fatal to child who is caught in the middle. That’s why domestic violence can play a critical role in a custody determination, even if the mother is a victim.
  • The mother suffers from mental health issues: There are a lot of mental health issues out there that, if treated improperly, can affect one’s ability to care for their child. If a mother suffers from one of them, then there may be evidence that supports a finding that custody should be modified.
  • The mother fails to cooperate with an existing custody plan: If custody has already been determined but the mother blocks visitation or makes disparaging remarks about the other parent, then the court will see that custody arrangement as detrimental to the child and contrary to the child’s best interests. As a result, the court may award custody to the child’s father.

Know how to effectively approach your child custody case

There are multiple ways to approach your child custody case. You have to find the one that’s right for you and that maximizes your chances of securing the outcome that you want. So, be sure to research your options so that you know the path that’s right for you. Only then can you effectively advocate for an outcome that’s best for your child.]]> On Behalf of Michael L. Lodermeier, P.C. <![CDATA[When might sole custody be awarded in Illinois?]]> https://www.mllfamilylaw.com/?p=46824 2025-09-11T15:54:57Z 2025-09-11T15:54:57Z in place to allocate parental responsibilities. In general, the goal is for both parents to be in the child’s life. However, there are times when there might be sole custody. For parents who are considering requesting sole custody, it is important to know the circumstances under which it can be awarded.

Understanding child custody and when sole custody might be an option

Illinois has changed the terminology it uses when discussing child custody. Instead, it refers to issues surrounding the child as “parental responsibilities.” Still, one parent can be given predominant say in how the child is cared for, generally sole custody under a different name. Along with the child’s best interests, extenuating factors can be considered when allocating parental responsibilities. It is up to the court to make the determination. When the child is with either parent, that parent has the sole responsibility for basic decisions that will not have a long-term impact on the child such as what they will have for dinner. More serious decisions such as emergency medical care would generally be discussed between the parents. In general, Illinois prefers not to give one parent sole decision-making power. Still, since the child’s best interests are paramount, it is sometimes necessary. For example, some parents are incapable of providing for the child due to personal issues. If they are deemed unfit and place the child in jeopardy, then the other parent will be allowed to make the decisions without input from the other parent. Of course, an abusive situation would not only warrant one parent to make the decisions, but it would also affect parenting time. The parent with allegations of abuse lodged against them might need to have supervision when seeing the child or could be prevented from seeing the child altogether.

Parents should be prepared with evidence if they want sole responsibility

In a family law case in which allocation of parental responsibilities is in dispute, it is imperative to be fully prepared. This is particularly true if a parent does not want the other parent to have primary say over how the child is cared for or make decisions on the child’s behalf. Although the terminology regarding child custody has changed, the factors that are considered when the court decides in these matters hinge on the child’s needs. It is essential to have advice from the outset to have a good chance of receiving a favorable decision regardless of the perspective.  ]]> On Behalf of Michael L. Lodermeier, P.C. <![CDATA[Supporting your child’s education: Co-parenting after divorce]]> https://www.mllfamilylaw.com/?p=46821 2025-07-25T16:19:40Z 2025-07-25T16:19:40Z Divorce is always difficult for the children, but beyond the emotional toll, it also raises practical concerns. For school-age kids, the emotional strain and shifting routines may show up in the classroom. But there are ways to protect your child’s academic success, starting with a thoughtful co-parenting plan.

How divorce can affect school performance

The stress of divorce can affect children in many ways, especially at school. A child who once enjoyed learning may start to fall behind or lose interest in class. You might notice changes in their mood, sleep habits or behavior with teachers and classmates.  When children have to adjust to new homes, split schedules or even a different school, the changes can feel overwhelming. Without clear communication between parents, important school details like homework deadlines, test dates or behavior concerns can get missed.  This is why it is so important for co-parents to stay involved and share information. When both parents work together, children feel more secure, and that stability can help them stay focused and confident in the classroom.

Why an effective co-parenting schedule matters

A co-parenting schedule does more than organize time; it provides structure your child can count on. When included in your parenting plan, it becomes a legal agreement that supports your child’s everyday needs. It also shows the court that both parents are committed to working as a team. Here are some things to include in a school-focused parenting plan:
  • Assign who will handle school drop-off and pickup
  • Share report cards, school updates and teacher notes
  • Decide who will attend school events and conferences
  • Keep consistent routines for homework and bedtime
  • Stay in contact with teachers and school staff
  • Divide school costs like supplies and tutoring
  • Plan for school changes or special education needs
These important details help children adjust by creating steady routines, which are especially important during the school year. 

Help your child thrive with the right support

Even when parents try their best, disagreements can happen. If you are unsure how to divide education decisions or need to update your parenting plan, a family law attorney can guide you through the legal steps. With the right plan in place, your child can stay focused, supported and ready to succeed.  ]]> On Behalf of Michael L. Lodermeier, P.C. <![CDATA[What does ‘earning capacity’ mean in terms of spousal support disputes in Illinois?]]> https://www.mllfamilylaw.com/?p=46817 2025-05-15T15:42:31Z 2025-05-15T15:42:31Z In Illinois spousal support disputes, courts often consider more than just your current income. They also look at what you could realistically earn. This is known as your "earning capacity," and it plays a big role when there's a big gap between what someone makes and what they could be making.

How courts define earning capacity

Earning capacity is your potential to earn income based on your education, work history, job skills, and local job market. If you have a degree or professional license but work in a lower-paying job, a judge might decide you could be earning more. In that case, support calculations may be based on your potential income, not your actual wages.

Why earning capacity matters in disputes

Earning capacity helps the court decide whether someone is trying to avoid paying or receiving fair support. If a person is unemployed or underemployed by choice, the court might impute income to them. That means the court pretends they earn a reasonable salary based on their background and uses that number to calculate support.

Common examples where it's used

Let’s say you left a high-paying job to work part-time without a strong reason. Or maybe you have the ability to work full-time but choose not to. In these cases, the court may decide you’re not using your full earning capacity and adjust support accordingly. It also works the other way. If your spouse claims you earn less to avoid paying more, earning capacity helps prevent unfair outcomes.

How you can prepare

If earning capacity might come up in your case, gather documents that show your education, work experience, and any reasons you’re not working at full capacity. The more clearly you show your situation, the better the court can evaluate your position fairly.]]> On Behalf of Michael L. Lodermeier, P.C. <![CDATA[What does ‘earning capacity’ mean in terms of spousal support disputes in Illinois?]]> https://www.mllfamilylaw.com/?p=46816 2025-03-21T15:20:19Z 2025-03-21T15:20:19Z Spousal support disputes in Illinois often involve the concept of "earning capacity." Courts consider more than just a person's current income when deciding support payments. Instead, they evaluate what a spouse could earn based on skills, education, and job opportunities.

How courts determine earning capacity

Illinois courts look at multiple factors to assess earning capacity. These include work history, education, professional skills, and job market conditions. If a spouse is underemployed or unemployed by choice, the court may determine that they could earn more and adjust support accordingly. Expert testimony, such as vocational evaluations, can help establish realistic earning potential.

When earning capacity affects spousal support

Earning capacity becomes important when a spouse claims they cannot support themselves. If they have the ability to earn but choose not to, courts may base support on what they should be making. This prevents one spouse from avoiding work to receive higher payments. Similarly, if a paying spouse earns less than their potential, the court may base support on what they are capable of making.

Intentional unemployment or underemployment

A spouse cannot lower their income to reduce support obligations unfairly. If the court finds that someone is deliberately earning less than they could, it may calculate support based on their earning capacity instead of actual income. This often applies when a high-earning spouse suddenly takes a lower-paying job or quits work without a valid reason.

Adjustments over time

Earning capacity assessments are not permanent. If a spouse's circumstances change significantly—such as job loss due to factors beyond their control—the court may modify support. However, the spouse must prove that the change was not intentional and that they are making efforts to regain employment. Illinois courts aim to ensure fairness in spousal support cases by considering earning capacity. This approach prevents manipulation and ensures that support decisions reflect true financial potential.]]>