Author Archives: Burton S. Hochberg

Burton S. Hochberg

About Burton S. Hochberg

Helping clients negotiate one of divorce’s most challenging issues—the division of property—Burton Hochberg brings a welcome objectivity and practicality to the table. Mr. Hochberg assists clients in identifying and prioritizing their concerns, and evaluating settlement options from a cost-benefit perspective.

Top Ten Myths in Illinois Divorce Cases [Myth #7]

Myth: If I have no income, I can’t be ordered to pay child support or maintenance. Not true. Illinois courts, as do most states courts, will go out of their way to protect children in connection with child support payments. If a party does not have employment, the court can take assets from that person, […]

Top Ten Myths in Illinois Divorce Cases [Myth #6]

Myth: If I have shared or joint legal custody, and a shared visitation schedule, I won’t have to pay any child support. Not true. Courts are loathe to not award child support. They will look at the parenting schedule but they will also pay very close attention to the financial resources of the parties and […]

Top Ten Myths in Illinois Divorce Cases [Myth #5]

Myth: Joint legal custody means that the children spend half of their time with Mom, and half of their time with Dad. That is not true. Joint legal custody is a legal term that means major decisions concerning education, medical care, and religious upbringing are made jointly by the parents.  Joint custody has nothing to […]

Top Ten Myths in Illinois Divorce Cases [Myth #4]

Myth: Refusing to pay attorney’s fees to or on behalf of my spouse is a good strategy because it will freeze him or her out and give me a leg up. In Illinois, the response is no. Illinois has a statute that allows for temporary fees to be awarded from the spouse who is financially […]

Top Ten Myths in Illinois Divorce Cases [Myth #3]

Myth: My spouse’s marital misconduct or bad behavior will help me in my marital case. If a husband has a girlfriend, or a wife spends money without any budget or regard for their finances, are those factors things that a court would consider in the division of property? Generally not. Our statute very specifically says […]

Top Ten Myths in Illinois Divorce Cases [Myth #2]

Myth: Illinois is a 50/50 property division state. Probably one of the most commonly asked questions I receive from clients is, “Is Illinois a 50/50 property division state?” It can be, but not necessarily. 50/50 states are known as community property states; California, Louisiana and Wisconsin are examples. Illinois is what is called an equitable […]

Top Ten Myths in Illinois Divorce Cases [Myth #1]

. Myth: The party who files first has the advantage. Generally, the law grants no advantage to the party who files first.  The first person to file is called the petitioner.  The person against whom the case is filed is called the respondent.  There is no legal advantage to being the petitioner, nor is there […]

IRS Tips: Five Tips if You Changed Your Name Due to Marriage or Divorce

From IRS.gov IRS TAX TIP 2011-23 If you changed your name as a result of a recent marriage or divorce you’ll want to take the necessary steps to ensure the name on your tax return matches the name registered with the Social Security Administration. A mismatch between the name shown on your tax return and […]

Equitable Doesn’t Mean 50/50

A Primer on How Property is Divided in an Illinois Divorce Case If you follow the tabloids and Hollywood divorces, you might mistakenly believe that property is automatically divided 50/50 in a divorce.  While that is true in community property states like California, it is not true in Illinois.  Illinois is an equitable distribution state, […]