Posted on June 30, 2017 in Property Division

One of the primary parts of any divorce case is the property settlement. In Illinois, both spouses are entitled to receive equitable shares of any marital property—which refers to most property accumulated during the marriage. Spousal or child support may also come along with this agreement. However, it can take some time and discussion to arrive at a settlement that is advantageous to both spouses, and there is a method by which property settlements can be appealed or modified if such becomes necessary.

Property Agreement Modifications

Illinois courts generally favor couples working out their own property settlements, given that they are the most familiar with the nature of the assets involved. It also helps to cut down on the number of cases on the docket. Also, if you and your spouse are the only two people involved in working out a property settlement, it is far easier to make changes. At times, though, the court must get involved. Illinois family courts have the legal authority to create a support and property settlement that fits the needs of both spouses, and will often do so.

Continue Reading ››

 Posted on June 28, 2017 in Visitation

Divorce proceedings can be a difficult and painful experience for all involved, including the children. This is doubly true if they are old enough to understand what is going on. It is only natural that they may develop opinions on some of the issues pending in your divorce. However, in some instances, their opinions will actually carry weight with the judge. Nowhere is this more common than with issues involving parenting time.

How Much Weight to Give?

When parenting time arrangements are left to be determined by a family court judge, he or she must take into account a number of several factors. A child’s preference may be one of them, though it will not necessarily receive more consideration than other elements, including:

• The child’s relationship with each parent, their siblings and friends in their current situation;
• The child’s home life or lack thereof;

Continue Reading ››

 Posted on June 23, 2017 in Annulments

When most couples decide to part ways, they get a divorce, but an extremely small subset instead obtain annulments. However, a marriage may only be annulled if it is void or voidable. The two, despite their obvious similarities, are very different categories, and to state that your marriage falls under one when in fact, it is the other, can cause problems down the line.

Void Marriages

In Illinois, an annulment is referred to as a judgment of invalidity and may be granted to those in void or voidable marriages. It is important to understand that they are not granted in the same manner as a divorce might be. Void marriages, under Illinois law, are those where the union was invalid from the beginning. Illinois law recognizes three major situations in which a marriage qualifies as void: bigamy, consanguinity, and incest. Generally, if a relationship goes against public policy or is generally against the law, it will be held to be void. Criminal charges may also result in extreme circumstances, but this is very rare.

Continue Reading ››

 Posted on June 21, 2017 in Child Custody and Support

Family courts do their best to be equitable in making decisions regarding child support, and they look to ensure that the amount ordered as payable is one that both parents can manage. Sometimes, however, payments are not made for a variety of reasons. Fortunately, there are safeguards in place that ensure that back child support or maintenance payments may be collected.

Notices of Withholding Income for Support

If you are not receiving your child support payments, you may contact Illinois’s Division of Child Support Services, or you may involve the family court where your divorce was handled. Either way, it is incumbent upon you to ask for back child support. If you can back up your claim, the court will enter an arrearage against the parent owing support. Usually, when a Uniform Order of Child Support is ordered, a Notice to Withhold Income for Support is sent to the employer of the paying parent, advising them to withhold a certain amount and forward it to the state. If an arrearage occurs, a new Notice must be sent to let the employer know that more must be taken out to cover it.

Continue Reading ››

 Posted on June 15, 2017 in Business Valuation

Divorce is complex; however, dividing property is often the most complicated aspect of a process that can take a long time. Nowhere is this better illustrated than in the procedure for valuing and dividing a family-owned business. Between personal preferences and the market rates, dividing the value of a business will often create major issues during the proceedings.

Valuation Basics

During a divorce, Illinois courts only have the ability to divide marital property. A family business usually qualifies if it is run by both spouses, or if one spouse owns a controlling interest—the rationale is that the spouse working there will bring home paychecks earned by improving the business’s value. If the business is deemed marital property, it must be valued so that it and the couple’s other assets can be divided equitably.

Continue Reading ››

 Posted on June 14, 2017 in Prenuptial and Postnuptial Agreements

Prenuptial agreements have become popular among marrying couples. One of the most-cited reasons for such an agreement—sometimes called a prenup—is that the couple wishes to prepare for the possibility of a divorce, in the event that it occurs.

Reasons for a Prenup

Divorces in Illinois are fairly common. According to the Illinois Department of Public Health, there were about 69,500 marriages and nearly 29,500 divorces in 2013. Given these statistics, a prenuptial agreement between the spouses that details what will happen if a divorce occurs may be prudent.

Another reason couples enter into a prenup is to protect children from a previous marriage or relationship. If one spouse has children and then gets married, even if the marriage lasts only a short time, the other spouse could walk away with a substantial amount of money that could otherwise be used for the benefit of the children.

Continue Reading ››

 Posted on June 09, 2017 in Mediation

Given the current backlog in Illinois courts, many couples are choosing to forego the traditional court case when they divorce, opting instead for alternative methods such as mediation or collaborative divorce. There are multiple reasons that many are choosing to eschew the courts, but perhaps the most common is because mediation is arguably easier and less time-consuming. However, it is not for every couple, and doing research on the issue will help you decide what is best for you.

Advantages of Mediation

For many couples, the advantages of mediation are numerous. If you and your spouse are able to discuss issues amicably, mediation can be cost-effective and efficient, as you will essentially be drawing up your own divorce decree. The mediator is simply there to guide you and advise on any relevant points of law. If this is possible for you and your soon-to-be-ex spouse, you may be able to avoid the significant time and money investment, to say nothing of the psychological cost, of going to court.

Continue Reading ››

 Posted on June 07, 2017 in Child Custody and Support

Often, the number one fear of parents contemplating or currently going through a divorce is that it will negatively affect the children. Unfortunately, there is no silver bullet cure for the pain caused by ending a marriage. Getting a divorce is complicated and messy, but this upheaval does not last forever. There are steps you can take to lessen the burden on your children and help them to not only navigate this new family structure but to thrive in it.

Staying Together May Be Doing More Harm Than Good

Some couples consider divorce completely out of the question and commit to “staying together for the kids” even if they are obviously miserable together. Such couples believe that the children living with both parents at the same time is better for them than a shared custody arrangement. Research has shown, however, that children who live in a home with fighting, arguing, and tension are deeply hurt by this.

Continue Reading ››

 Posted on May 31, 2017 in Family Law

In juvenile court, it is sadly not uncommon for parental rights to be terminated if doing so is deemed to be in the best interests of their children. Parents with a history of violence or substance abuse problems, among others, may be deemed unfit. However, the system does not always shut the door irrevocably. If a parent is able to demonstrate that he or she has changed and that it would now be in the best interest of the child to allow the parent to have time with the child, there may be a way to get it.

Each State Has Its Own Laws

Most states do not permit restoration of parental rights in any but the most unusual cases. Illinois is one of nine states that does have a procedure to restore parental rights in certain situations; the other 41 generally do not. The general prevailing view is that certain faults can be corrected if proof of a significant change in circumstances is shown.

Continue Reading ››

 Posted on May 29, 2017 in Property Division

When we were children, we were taught that the fairest way to divide things between two people is to split them equally. If each person gets an equal share of the treats or important items, in theory, no one can complain about inequality. There are, however, situations in life where equal distribution is not actually the fairest choice. Illinois and many other states prefer the theory of equitable distribution when it comes to marital assets during a divorce. While this approach can cause some obstacles in divorce asset division, it is generally worth the trouble.

Trends in State Law

There are different methods that divorce courts may use to divide the assets acquired during a marriage. As a general rule, most state courts favor property settlements that allow both spouses to live as close to the standard of living enjoyed during the marriage as possible, and depending on the amount of assets between the parties, this may not be possible in many situations.

Continue Reading ››