Blog
Recent blog posts

Geneva family law attorneysEach 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;
  • Parental responsibilities and parenting time: Your remarriage does not guarantee a change in your responsibilities regarding your children. However, parenting time schedules and other concerns related to child custody are based on the circumstances of each family. A remarriage could definitely change your circumstances, so modifications to your parenting plan could be necessary;
  • Child support payments: In most cases, getting remarried will not affect your child support obligations or your eligibility to continue receiving child support. The child’s parents are still responsible for supporting the child, regardless of the existence of new spouses. If, however, you decide to change jobs or stop working due to your new marriage, or if you have a child with your new spouse, those factors could affect child support; and
  • Inheritance rights: Do you have family heirlooms or important possessions that you want your children to receive when you die? If you do not formalize your wishes in a prenuptial agreement, it could be your new spouse who receives the property intended for your children.

As the old adage says, there are exceptions to almost every rule, so the considerations mentioned above should serve as a reminder of things to be aware of rather than advice for your unique situation.

Posted on in Divorce

Kane County family law attorneysIf 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.

Kane County family law attorneyChild support is intended to help parents provide for their minor children. Generally, an order for child support will terminate once the child turns 18 years old. If the child is still enrolled in high school at age 18, the child support is extended through age 19. However, there are some instances where child support orders can extend past the usual age 18 or 19 cutoff.

A child who is physically or mentally disabled may not be able to care for himself or herself and will therefore need the assistance of a parent or guardian well into adulthood. In cases such as these, courts may order one or both parents to continue to contribute to support. These support orders can last as long as the court finds necessary to secure the disabled child’s quality of life.

Not Every Disability Necessitates Ongoing Support

Kane County relocation attorneysIn past generations, it was not terribly uncommon for a person to grow up in a given area and to spend the vast majority of his or her life in that same area. This was especially true in financially healthy regions where jobs and educational opportunities were readily available. Today, however, is a different story, as a people are much more likely to move greater distances than ever before. Some move for employment reasons, others for education, and still others just for a change in scenery. While moving is rarely easy, most adults have the freedom to relocate whenever they choose, but for those who are subject to an Illinois parenting plan, there are limits on how far a move can be.

Who Is Affected?

The state of Illinois is invested in looking out for the best interests of children—especially those whose parents have divorced or were never married. Thus, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides specific guidance for parents who wish to move to a new home. The IMDMA states that a parent who has the majority of the parenting time with their child or shares parenting time equally with the other parent must adhere to certain rules when considering a move.

Posted on in Divorce

Kane County divorce attorneysJust as there are a nearly infinite number of reasons couples choose to spend their lives together, there are countless reasons that couples divorce. Sometimes the divorce is amicable, and both spouses know that they would be better off not married. Others times only one of the spouses wants to end the relationship, and the other is left devastated and confused. If you are planning to get divorced, you should know that no two divorces look the same. Everyone brings their own set of unique circumstances and needs to the table when a marriage ends. Read on to learn about the most common reasons couples get divorced and what the legal grounds for divorce are in Illinois.

Infidelity Is a Common Cause of Marital Breakdown

Many people can point to an affair as the beginning of the end of their marriage. A good amount of affairs begin online. The world is more connected than ever before thanks to social media like Facebook, Twitter, Instagram, and LinkedIn. Thirty years ago, people who lost touch with their old high school sweetheart rarely saw them again – save perhaps for the odd high school reunion. However, in today’s world, reconnecting with an old flame is as simple as clicking a button. As Americans spend more and more time at work, the likelihood of a work affair increases as well.

Talk to an attorney now. Call 630-232-9700.
For faster response to after-hours inquiries, please   email us.