Posted on August 19, 2015 in Divorce

If, for some reason, you are committed to pursuing a divorce on one of the fault grounds set forth by Illinois law, you only have a couple months left to file your petition. Beginning in January, at-fault divorce will no longer be an option in the state, thanks to a legislative measure signed by Governor Bruce Rauner last month. The bill was originally introduced earlier this year as Senate Bill 57, and its enactment implements a number of sweeping changes to the state’s divorce and family-related laws.

Irreconcilable Differences Only

The new law effectively removes a fairly significant portion of the Illinois Marriage and Dissolution of Marriage Act referring to the possible fault grounds for divorce. In doing so, it removes the necessity for a petitioner to prove adultery, physical or mental cruelty, “habitual drunkenness” or any of the other currently-specified fault grounds. Instead, a petitioner must only show that “irreconcilable differences have caused the irretrievable breakdown of the marriage.” Obviously, the behavior currently considered separate grounds for divorce can certainly create irreconcilable differences between spouses, so, in effect, the new law simply categorizes all divorce grounds under a single umbrella.

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 Posted on August 17, 2015 in Divorce

In the state of Illinois, the legal rights of parents are based upon the recognition of their relationship with their children. For a mother, obviously, the presumption of a legal relationship is usually very simple. For a father, however, it may not be so easy, particularly if he is not married to the mother of the child. While paternity tests and court proceedings may sometimes be required in more complicated situations, such avenues can usually be avoided by means of a Voluntary Acknowledgement of Paternity, or VAP.

VAP Basics

Under Illinois law, a VAP can be used to establish the legal parent-child relationship between a man and his son or daughter. It does not require genetic testing, court adjudication, or any other outside influences. Instead, the VAP is, as its name implies, a voluntary acceptance of parental rights and responsibilities.

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 Posted on August 12, 2015 in Child Custody and Support

Cooperative parenting after a divorce, or for parents who were never married, can most certainly be a challenge. Moreover, it is a long-term situation that will not simply “work itself out” without serious effort and a commitment to your child’s best interests. Relationship and parenting experts will point to communication as the most important factor in any coparenting situation, and there is little argument with that perspective. However, most tend to focus on the communication between parents, while, in practice, it is just as vital to communicate effectively with your child as well.

Particular Challenges for Non-Custodial Parents

In most separated-parent family arrangements, one parent—usually the parent with primary physical custody—will spend more time with the child than the other. The other—or non-custodial—parent does not necessarily love his or her child any less; it is just the nature of the situation that limits time together.

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 Posted on August 10, 2015 in Divorce

In today’s cultural landscape, it is not uncommon for a couple to reach a mutual agreement that their marriage is over. Despite the best intentions for a life together and numerous attempts to repair the relationship, sometimes, the well-being of both spouses is best served by ending the marriage. For those couples who are able to identify such a reality, an uncontested divorce may provide an avenue for marital dissolution without the stress and acrimony often associated with the process.

Necessary Considerations

To make an uncontested divorce possible, both parties must be fully invested in cooperating with one another. Virtually every element of the divorce agreement must be decided upon prior to petitioning for divorce. As such, the spouses must negotiate arrangements for the division of financial accounts, possessions, and real estate, spousal maintenance, child custody, visitation, and support, pets, business interests, and taxes. While such considerations may be daunting, a couple retains full control over the outcome in the context of an uncontested divorce.

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 Posted on July 29, 2015 in Divorce

Consider the following scenario: You and your wife have been for ten years. On your tenth anniversary, you tell your wife that you are thinking about buying a boat. She has no particular interest in boats or being on the water, but she tells you that you make enough money to afford it, so it is no problem. For the next year or two, you save some of each paycheck so that you can pay cash for your new watercraft. The boat is titled in your name and you pay all of the associated expenses. Over the next several years, your wife joins you on the boat only a handful of times, while you use it every other weekend or so. As you approach your 15^th anniversary, however, your marriage breaks down and you and your wife agree to divorce. Regardless of anything else, it should seem that the boat is yours, free and clear, right? You paid for it, you used it, and it was all done with your wife’s permission. Well, according to Illinois property division laws, it is not quite that simple.

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 Posted on July 27, 2015 in Child Custody and Support

In today’s unpredictable economic landscape, your employment situation may extremely tenuous. What is worse, many of the factors that could potentially impact your job are probably well beyond your control. You may be the hardest-working, most productive member of the staff, but market conditions or decisions by your employer could still leave you suddenly looking for work. If you are responsible for paying child support, losing your job can make meeting your obligations very difficult, so it is important to understand what to do should such an eventuality occur.

Be Proactive

While many layoffs are fairly sudden, your employer may have been able to provide some advance notice. As soon as you know, begin your search for new employment. The process, of course, takes time and, while you may not have the availability to interview immediately, exploring your options quickly can help you find something much sooner.

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 Posted on July 22, 2015 in Child Custody and Support

Disputes over child custody are fairly common, although some may be more contentious than others. In an ideal situation, you likely probably believe that you are completely committed to serving your child’s best interest. What often complicates matters is the fact that the other parent feels that he or she is also completely committed to serving your child’s best interest. The two of you just have different views on exactly what constitutes your child’s best interests and how to achieve it. In many cases, there may even be a third perspective, as your child may have an idea of the outcome that he or she would like to see. Will the court even consider your child’s opinion?

The answer to that question is dependent on a number of considerations. Strictly speaking, Illinois law says that, in a custody proceeding, among the factors that a court must consider in making a determination are “the wishes of the child as to his [or her] custodian.” Your child’s opinion, however, is just one of many concerns the court must balance in deciding on a custody order. Other factors include the wishes of each parent, the child’s adjustment to home, school and community environments, and the possible threat of violence or abuse. In addition to the considerations specifically listed in the statute, the court is required to consider “all relevant factors.” This means the court must carefully consider the child’s age, intelligence, and maturity level when deciding how much weight to give his or her opinion. Younger, less mature children are unlikely to grasp the gravity of the situation and may not fully comprehend the circumstances.

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 Posted on July 20, 2015 in Divorce

Ask anybody who has been through a divorce and he or she will invariably tell you that the process can be very challenging. Even the most amicable of situations can be complicated by a number of unforeseen difficulties. While you will never be able to completely remove all stress and challenges from divorce, there are a few things that you can do to prepare. These considerations are relatively simple in nature, but will likely require you to take an objective view of the situation, and may be more easily accomplished with the help of a qualified divorce attorney.

Know What You Have

If you are already considering divorce, it is time to begin taking stock of what you own, both as a couple and individually. Make a comprehensive list of your assets and include everything you possibly can, including real estate, vehicles, investment accounts, household furniture, artwork, and anything else that may have value.

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 Posted on July 15, 2015 in Prenuptial and Postnuptial Agreements

A prenuptial agreement is a legal document that defines a private agreement made by two people who intend to legally marry. These types of agreements are commonly used to predetermine how the new couple’s estate will be distributed if a divorce or death occurs. In the event that divorce does occur and no prenuptial agreement exists, the couple’s estate will be distributed according to the the Illinois state laws governing the dissolution of marriage.

What Can a Prenuptial Agreement Cover?

As a private agreement, a prenuptial agreement can be highly customized to fit the unique needs of the couple in question. The prenuptial can address any number of topics, including issues such as pre-existing debt of one or both partners, asset allocation, and spousal maintenance. There are no minimum or uniform requirements that must be included.

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 Posted on July 13, 2015 in Domestic Violence

It can be extremely difficult to get an abusive spouse to leave your family home. You will need to file a motion with the court to have it exercise its right to order your spouse to leave. This right is known as “equitable jurisdiction.”  Under equitable jurisdiction, the court may, when necessary, take action that it normally would not take to protect an individual or uphold justice.

In a case where you or your child are being abused, you will need to prove to the court that the abuse occurred to have your spouse removed from your home. This, however, can often be difficult. If it is safe to do so, document all instances of abuse in any way possible. You may wish to provide witness testimony, photographs of injuries, or recordings of verbal threats.

You cannot kick your spouse out of your home without court intervention. Your home is shared property and your spouse has the same legal right to remain in the home as you have. Do not, under any circumstance, fraudulently accuse your spouse of abuse in an effort to have him or her removed from your home – if such action is discovered, it can have a negative impact on your divorce proceeding. If you are in immediate danger, get yourself out as soon as possible and get to a safe place. Once you are safe, contact a divorce attorney to discuss your options for removing your spouse from the home.

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