Recent Blog Posts
The Basics of Appealing Your Divorce Judgment
In most cases involving divorce or family law matters, the parties are able to negotiate an agreement outside of the courtroom. They only require the court to approve and formalize terms already drafted, with very little actual decision-making required. Sometimes, though, the parties cannot reach an agreement and the matter is left to the court to decide. Such a ruling by the court typically carries an air of finality, especially if it feels like you were on the “losing” end. A less than favorable judgment is not necessarily the end, however, and filing an appeal could potentially allow you to work toward setting things right.
You Must Act Quickly
Following the entry of the initial court’s judgment, you have 30 days to file a Notice of Appeal. The notice must be filed with the circuit court and announces your intention to challenge all or part of the judgment and the relief that you intend to seek. The reviewing or appellate court may grant an extension for up to an additional 30 days, but only if you have a justified reason for missing the original deadline.
What You Should Know About Moving Out of the Area With Your Child
Today’s world is, in many ways, more connected than ever before. Thanks to the rise of digital and online technology, it has never been easier to look for new employment or educational opportunities that may exist far from your current home. For some people, it is also relatively easy to pick up and move to a new city or state in search of a better life, but this is not the case for everyone. If you are divorced, separated, or unmarried and you and your child’s other parent share parental responsibilities, moving to a new area can be rather complicated.
How Far Is Too Far?
The Illinois Marriage and Dissolution of Marriage Act provides that any move that qualifies as a “relocation” must be approved by the court in advance. A relocation is any move by a parent with half or more of the parenting time with the child that exceeds a certain radius from the current home. If you currently live in Kane County—or Cook, DuPage, Lake, McHenry, or Will County—an in-state move of more than 25 miles is a relocation. If you currently live in any other county, a relocation is any in-state move of over 50 miles. Finally, if you live anywhere in Illinois and move more than 25 miles to a new out-of-state home, the move is considered a relocation.
Four Ways to Make Your Divorce Faster and Easier
Once you have made the decision to end your marriage, there is no point in delaying or dragging out the proceedings. Divorce is rarely easy but the legal process itself does not need to take countless months as you and your spouse place your lives on hold. In many cases, you may be able obtain a finalized divorce judgment in a little as just a few weeks, but doing so requires a bit of effort on your part and cooperation from your spouse.
#1: Develop a Plan of Attack
The easiest way to eliminate delays in divorce is to negotiate as much of your settlement as you possibly can. You and your spouse may not agree on everything, so start with the simplest topics. For example, if you have little concern about certain pieces of property, agree on those and then build on the cooperative momentum. Eventually, you will get to more difficult subjects, but, by that point, you will have likely established a level of commitment to completing the process amicably.
Child Support Modifications and Good Faith
When you are responsible for making child support payments, virtually every financial decision you make can affect your ability to meet your obligations. This is especially true if you are considering a job or a career change, as your income is very likely to change. While an increase in your income can be a good thing, a decrease could make it impossible for you to comply with your child support requirements. You may be able to petition the court for an order modification, but depending upon the circumstances of your employment, your request could be denied.
Illinois Law
According to the Illinois Marriage and Dissolution of Marriage Act, an order for child support may be amended upon a showing of a substantial change in circumstances. Losing a job, starting a new one, a significant promotion or demotion, and a complete career change could all create a significant difference in your monthly and annual income. The law recognizes a change in employment status as one of the possible causes for a substantial change in circumstances for the purposes of pursuing an order modification.
Guns N’ Roses Rocker Agrees to $6.6 Million Divorce Settlement
Legendary musician and songwriter Slash can finally enjoy some closure after a long divorce process. Unfortunately, it is at the cost of over $6 million. The rock star agreed to pay his former wife Perla Ferrar a $6,627,352 equalization payment. Additionally, he will pay $100,000 in spousal support and $39,000 in child support each month. The artist, whose real name is Saul Hudson, will also help support his children by contributing 1.8 percent of his income to the 16- and 14-year-olds. Hudson will keep ownership of his $1.92 million guitar collection.
A Long Journey to End a 13-Year Marriage
The decision for Hudson and Ferrar to split was not a recent one. The couple struggled with marital conflict for years. In 2010, Hudson filed for divorce and intended to leave Ferrar. The couple was able to reach a reconciliation two months later. Four years later in 2014, he filed for divorce again. This separation did end up being permanent. Hudson rekindled a relationship with an ex-girlfriend and moved in with her, signaling that the marriage was beyond reconciliation this time. However, it would be another four years until the marriage legally ended.
Try These Tips When Telling Your Children About Your Impending Divorce
If you are a parent who has decided to get a divorce, you may have spent countless hours worrying about how to tell the children about the split. There are many things to keep in mind when choosing how and when to tell your children about the end of your marriage. Every parent facing this difficult conversation hopes that it will go as smoothly as possible. Understandably, many children are upset when they hear about the forthcoming separation, but research shows that there are several steps parents can take to minimize the distraught caused by breaking the news of divorce to their kids.
Do Not Tell Children About the Divorce Until You Are Totally Certain
If you and your spouse have discussed the possibility of separating, but there is still a chance that you will stay together, you should wait to discuss this with children. For example, if a couple is experiencing extreme conflict or disconnectedness, but they both believe that there is still a possibility of saving the marriage, they should not bring the children into the situation. If you and your spouse both agree that you are beyond the point of reconciliation, you may be ready to tell your children about the separation.
Millennials Are Waiting to Get Married
The Millennial generation certainly has its own ideas about marriage, and, in many ways, they are not like those of their parents. An interesting shift is taking place in the way younger people perceive marriage and its importance. Throughout the last 60 years, several trends have arisen. People, in general, are waiting longer to get married, divorce is more common, and couples are having fewer children. During the 1950s, 75 percent of women in their early 20s were married whereas only 50 percent are now.
Repeating History
It is true that young people are waiting longer to get married and having fewer children, however, the trend we are experiencing today with is not unlike the time before the post-war baby boom. The average age at which couples get married today is only slightly higher than the average age of those in the late 19th and early 20th centuries.
What has changed since the 50s? Over the last several decades, there has been a dramatic shift in many aspects of American society. Women are more invested in their careers, there is less pressure to have a traditional family, and debt from student loans are all factors that contribute to the postponement of marriage. Furthermore, it is more socially acceptable to have children before getting married than it was during the much more conservative 1950s.
Understanding the Right of First Refusal
When a couple with children gets divorced in Illinois, they are required to create a parenting plan. A parenting plan is a formal document that lays out each parent’s responsibilities and rights regarding the child and provides a foundation for ongoing, cooperative parenting. If the parents cannot come up with a workable plan on their own, the court may do for them.
Under Illinois law, there are over a dozen considerations that must be included or addressed in a parenting plan, including things such as a parenting time schedule and the child’s permanent address for school enrollment purposes. Other elements can also be included at the discretion of the parents or the court, including the right of first refusal. If the right of first refusal has been included in your parenting plan, you need to know what it means.
Bonus Parenting Time
For the purposes of a parenting plan, the right of first refusal applies when a parent needs childcare during his or her allotted parenting time. Depending on how the right is structured in your plan, the right of first refusal could apply when one parent has meeting some evening or it could be saved for longer periods, such as an all-day event on a weekend when the parent was supposed to have parenting time. If the right of first refusal is invoked, the parent who needs child care must let the other parent know and give the other parent the chance to have extra parenting time.
Things to Think About Before You Get Remarried
Each year, hundreds of thousands of Americans get divorced. While the divorce rate is lower than it was a few decades ago, divorce is still common throughout the country. Despite, people seem hesitant to give up on finding love and marital bliss, even if their first marriage fails. In fact, a recent study found that a full 40 percent of marriages today include at least one person who has been married before. In about half of those marriages, both spouses are on their second, third, or subsequent marriage. It is estimated that about 60 percent of divorced or widowed Americans will eventually remarry.
Such numbers certainly seem to portray a level of optimism regarding how we approach marriage as a society. If you are considering getting married again after a divorce, however, there are some things you need to keep in mind, including:
- Termination of spousal support: If you currently receive maintenance payments—also called alimony or spousal support—from your ex under the terms of your divorce settlement, getting remarried will almost certainly put an end to those payments. Under Illinois law, you moving in with your fiancé could be enough to terminate your ex’s maintenance obligation;
Back-to-School for Divorcing Parents
If you are in the process of ending your marriage, there is a good chance that you are beginning to realize that your life is much different compared to when you were married. If you have children, the differences are probably even more notable. For many divorced parents, the first school year after the divorce is the most challenging, as they must establish new routines for their children and boundaries for the parents. When back-to-school season falls in the midst of your divorce, you will need to take steps to ensure that your children have every possible opportunity to succeed.
Figure Out a Way to Cooperate
Every situation is unique, and there is no easy way to decide how you and your spouse will work together regarding school. Decisions regarding the allocation of parental responsibility may still be pending, so you might both still share decision-making authority for school-related concerns. The best option is for you and your spouse to put your differences aside and to create a plan designed to let your child thrive in the new school year. If this is not possible, you may need to ask the court to issue a temporary order allowing you to make education plans on your own.
