Posted on January 30, 2017 in Child Custody and Support

It can be very difficult to work out the details of a reasonable parenting plan during the process of a divorce. Often, there is animosity between the parents, and children tend to place the blame for their parents’ divorce on themselves. In this regard, the importance of providing a healthy co-parenting experience for children cannot be understated. Research has shown that children of divorced parents are often at risk to become disengaged from their parents, school routines and extracurricular activities. Establishing a workable co-parenting relationship and plan can help alleviate some of these risk factors.

Respectful Communication is Critical

The first thing to remember when parents work on developing a co-parenting plan with one another is that the child’s needs should take top priority. It is also important to keep the child away from conflict as much as possible. Both parents should be respectful of each other, especially when their child is present. Children should not be caught in the middle of the situation, relaying messages from one parent to the other. Parents need to maintain open channels of communication for themselves.

Continue Reading ››

 Posted on January 26, 2017 in Divorce

During a divorce proceeding in Illinois, both parties will typically be required to share financial information and other data so that the process can be completed in accordance with the law. The phase of the proceeding in which this information is exchanged is known as discovery. Additionally, discovery is also the time when all assets and debts must be declared so they can be factored into the marital settlement. Assets include:

• Property and business interests;
• Bank accounts;
• Real estate holdings; and
• Pension and/or retirement funds and accounts.

Limited Discovery in an Uncontested Divorce Case

In an uncontested divorce proceeding, a limited discovery will generally occur wherein the parties willingly provide bank account, assets, and property information to achieve a quick settlement. This is because an uncontested divorce presumes that the parties are working together to streamline the process and have nothing to hide from one another.

Continue Reading ››

 Posted on January 24, 2017 in Divorce

When you are dating someone, there are sometimes circumstances that may drive you apart. Over time, you may be able to reconcile with that person and resume your dating relationship. But what happens after you married? Is it possible to get divorced and remarry the same person in the future? While the idea of getting back together with an ex-spouse may seem completely outrageous to many people, the reality is that it does happen from time to time.

What the Law Says

According to the law in Illinois, an unmarried person is free to marry anyone of legal age who is not already legally married. The parties must also not be related by blood or adoption any closer than second cousins. (Marriage between first cousins is permitted in limited situations.) A person whose divorce has been finalized is not considered to be married under the law, so he or she is free to marry again. This means that if you and your former spouse decide to marry each other once more, there is nothing in the law that will prohibit the union.

Continue Reading ››

 Posted on January 18, 2017 in Property Division

Initiating dissolution of marriage proceedings is not usually an easy decision for most couples. There can a be a wide variety of difficult issues to be addressed, depending upon the couple’s personal circumstances. Debt incurred by a couple going through a divorce proceeding in Illinois can be one of the more challenging issues to account for in a divorce settlement.

Debts acquired during the course of the marriage must still be paid back, regardless of the couple’s marital status. The debts acquired during the time of the marriage are considered marital. Any debt amassed before the spouses were married is considered non-marital and will remain with the original debtor.

Marital Debt Not Always Divided Equally

According to Illinois law, marital debts will be distributed between the spouses, but not necessarily split equally. Credit card debt, property and other types of debt will be divided as the court sees fit. Factors that influence their decision include: arrangement for the couple’s children, spousal support, the length of the marriage, and the needs of each spouse. Obligations owed to mortgage lenders or credit card companies can be assigned to either of the spouses but, if one does not pay the debt, the other could remain liable.

Continue Reading ››

 Posted on January 13, 2017 in Child Custody and Support

Specific laws concerning child support can vary by state; however, parents everywhere have a legal obligation to their children to provide child support. When an order for child support is entered by an Illinois court, it is the responsibility of the paying parent to comply with the order at the risk of enforcement activity and possible sanctions by the court.

Generally, child support payments are only required until the child has reached the age of 18 and he or she is no longer attending high school. Otherwise the order will remain in effect until the child turns 19 or graduates. In the case of special needs children, however, the obligation for support may need to extend well into adulthood.

Protecting Minors and Those With Special Needs

As written, the Illinois statutes regarding child support are intended to protect the financial well-being of minors and those unable to care for themselves. A child who is still attending high school, for example, is not usually considered to have the means to support him- or herself. If a child has not graduated high school by the time they turn 18, it is still the parent’s responsibility to provide for their child for up to another year. This is meant to ensure that the child is financially provided for while still a minor. If the child is emancipated before he or she graduates from high school, then a judge can decide whether or not to terminate child support before the child’s 18th  birthday.

Continue Reading ››

 Posted on January 11, 2017 in Mediation

The “happily ever after” promise of fairy tales often create a view of marriage as a series of elegant candlelight dinners and a conflict-free relationship. Conversely, many people may have a romanticized view of divorce, believing that it will mean the end of burdensome relationships and the beginning of a carefree life. Anyone who has ever been married or divorced would probably dispute these ideas.

It is also not uncommon for a person to have a romanticized view of divorce litigation, often fueled by movies and television shows that depict gripping courtroom dramas. In many cases, the reality is far different; the emotional and financial costs pile up and result in a protracted legal battle that takes its toll on both spouses and their children. For some couples, mediation may provide an alternative to a courtroom standoff.

Control

One of the biggest advantages of mediation is that the parties have a tremendous amount of input into the final product. Instead of a judge who dictates terms, the husband and wife make most or all of the decisions concerning their family.

Continue Reading ››

 Posted on January 06, 2017 in Property Division

For many divorcing couples, the issue of dividing property is often one that creates serious disagreements. Sometimes, it is impossible for the spouses to even agree on what property should be divided, let alone who will be getting what in the end. A substantial inheritance received by one spouse can lead to more intense disagreements, as divorcing spouses often do not know that such concerns are addressed specifically by Illinois law.

Marital and Non-Marital Property

The Illinois Marriage and Dissolution of Marriage Act specifies that a couple’s marital estate includes all property—including assets and debts—acquired by either spouse during the marriage. Property acquired before the marriage is considered non-marital and will remain under the ownership of the spouse who acquired it. There are several, rather limited exceptions, however, for property obtained during a marriage. Assets received as a gift or inheritance by one spouse are not considered marital property and are, therefore, not subject to division in a divorce.

Continue Reading ››

 Posted on January 04, 2017 in Domestic Violence

It is a fairly common occurrence in salons and beauty shops across the country. A client—usually a woman—sits down to get her hair cut, colored, or styled by a person with whom she has developed a friendly relationship. They get to talking, and gradually, the client becomes comfortable enough to start sharing very personal details about her life—things she may not be willing to tell anyone else. Sometimes, these details are relatively harmless, such as a playful crush on a celebrity. In other cases, however, a client may share, directly or indirectly, that she has been the victim of domestic violence.

In the past, many stylists and beauty professionals may have felt ill-equipped to handle such situations. Thanks to a new law in Illinois, however, they will soon be able to offer help and resources to clients in need of protection.

Continue Reading ››

 Posted on December 30, 2016 in Property Division

There are a great deal of changes to be expected during the divorce process. With so much uncertainty, many people going through divorce seek a measure of stability and would prefer to continue living in the marital home, even after the divorce. Keeping the marital home, however, may not be all that simple.

When deciding if staying or moving is the better option, you will need to consider:

• What is the market like? If the residential real estate market in your area is hot, it may be worthwhile to sell your home and move to another house that suits your new situation. If home prices are not favorable, remaining in your home may be the better option.
• Can you afford the monthly mortgage payment on your own? If you want to stay in your house, you need to crunch the numbers with your new budget in mind. Many individuals going through divorce have a hard time adjusting to a single income and remaining in the marital home can require a sizable amount of money. Ask yourself: If you were not married, would you buy this house?

Continue Reading ››

 Posted on December 26, 2016 in Spousal Maintenance

When a couple gets divorced, Illinois law provides that one spouse may be ordered to make payments of maintenance—also known as alimony—to the other. The purpose of maintenance is to help a financially disadvantaged spouse better manage his or her post-divorce life. In many cases, the need for spousal support is understandable, especially in long marriages where one spouse sacrificed career advancement for the sake of the marriage and family responsibilities. But, what about couples who were only married a short time before getting divorced? Illinois law does not automatically eliminate the possibility of maintenance following a short marriage, but it does offer the court a fairly unique option.

Standard Maintenance Awards

The Illinois Marriage and Dissolution of Marriage Act provides a table that determines how long maintenance payments should continue if the court finds such support to be appropriate. To determing the length of the order, the court must multiply the length of the marriage by a predetermined percentage factor:

Continue Reading ››