Posted on October 01, 2021 in Divorce

The process of getting a divorce can seem monumental. Besides the emotional upheaval of separating from your spouse, getting divorced can be a long process that requires extensive paperwork and negotiation over complicated topics like assets and parenting time.

However, there are things that you can do before the divorce begins to speed up the process and make it less complex. Doing a little work now to organize and prepare yourself for divorce can save you significant time and money in the future. Here are some great tips for people in Illinois who are preparing for or considering divorce.

Check Out Different Lawyers

Finding an attorney that meets your needs and style is important - you will be working closely together and the attorney-client relationship should be one that makes you feel respected and heard. Have an initial consultation with a few different attorneys and get a sense of your options. A responsible attorney should be honest about your realistic options, respect your priorities, and have an eye towards saving you time and money.

Continue Reading ››

 Posted on September 27, 2021 in Family Law

Couples based in Illinois often decide to live together before, or instead of, getting married. There are many reasons for this, and each couple’s circumstances are unique. Regardless of why a couple decides not to get married, living together for a long period of time presents challenges that are commonly dealt with by married couples or couples in civil unions. However, couples who are legally bound together have certain protections provided to them by law while couples who are only living together generally do not.

That is why many couples choose to create a cohabitation agreement. Cohabitation agreements are legally binding and address issues regarding property rights, including how individual and shared assets will be handled if the couple breaks up. Although everybody has high hopes when they move in with their partner, the truth is that not all relationships last forever. A cohabitation agreement created now protects both partners in the future.

Continue Reading ››

 Posted on September 23, 2021 in Family Law

Parents are the most important people in a young child’s life, but they are often supported by others who also care deeply about a child. Uncles, aunts, stepparents, and grandparents are all important family members who can develop strong bonds with a child and support him or her throughout their development.

Unfortunately, divorce often has an isolating impact between children and extended family members. This is especially true when one parent is only given partial or limited parenting time, and the parent with parental responsibilities and majority parenting time seeks to restrict the other parent’s access to the child. The limited parenting time can result in little or no contact between the child and extended family members.

In situations like this, grandparents and other relatives may wonder if they can take legal action to ensure they can stay involved in the child’s life. If you have been unable to visit your grandchild and wonder if you have grandparents’ rights, a qualified family law attorney may be able to help you.

Continue Reading ››

 Posted on September 14, 2021 in Annulment

Nobody enters a marriage anticipating an eventual divorce, especially shortly after beginning your lives together. Unfortunately, some people begin experiencing substantial and irresolvable problems with their spouses immediately after getting married. Perhaps your spouse is not who you thought they were; maybe living together has given you a new perspective on what an entire life spent with your spouse would really be like.

Whatever the reason you want to separate from your partner, you may be wondering whether an annulment is an option for you. Many people believe all marriages can be annulled if only they are short enough. However, Illinois law sets forth very specific provisions for when an annulment can take place. In this article, we will answer some common questions about marriage annulments.

What Is a Marriage Annulment in Illinois?

Annulment is no longer a term used in Illinois law. Now, the law refers to whether a marriage can be declared “invalid” - and there are only certain circumstances when this term applies. A marriage can be declared invalid only if it meets one of the following conditions:

Continue Reading ››

 Posted on September 02, 2021 in Divorce

If you have made up your mind to get a divorce, the first thing you think of may be to get out of a situation where there is so much resentment and hostility. The prospect of freedom is enticing, and you may be tempted to move out right away. But before you pack your bags and head for the door, there are some things you should consider before you leave the family home.

Once You Leave the Family Home, You May Not Be Able to Come Back

When you leave the family home, you leave your spouse in possession of the house and everything inside. While you may have packed your clothes and other necessities, there are likely valuable items such as furniture or items of sentimental value that are still in the home.

Although there are consequences in the property division process for spouses who destroy, hide, or sell furniture and other valuables without their spouse’s permission, this is not unheard of, especially in divorces where spouses are fighting constantly. If you leave and your spouse changes the locks, you may have lost a valuable opportunity to protect your belongings.

Continue Reading ››

 Posted on August 27, 2021 in Child Custody

Knowing when to get divorced is one of the most difficult decisions a woman can make. Many factors influence the final decision, including whether there is any abuse or serious, unresolvable conflict within the marriage. Tolerating certain problems within a marriage may seem manageable to a woman, but once she finds out she is pregnant, she may realize her marriage has deteriorated to the point where she feels as though she can no longer bring a child into it.

This article discusses some of the issues women who are getting divorced while pregnant are likely to encounter. Keep in mind that this is not intended to be legal advice and that an Illinois divorce attorney is the best source for personalized, reliable divorce assistance.

Possible Paternity Disputes

When parents are married, any children born to them are legally presumed to be the biological product of both the father and the mother. However, individuals facing divorce may be involved with other partners. If a child’s paternity is in doubt, courts may require additional steps to verify that the alleged father is, in fact, the biological father. Courts may order genetic testing of the child, in which case they will wait until the child is born. This could delay the divorce proceedings.

Continue Reading ››

 Posted on August 26, 2021 in Child Support

Your previous marriage is behind you and you have moved on with your life after divorce. In fact, you have even met someone new, and are considering getting remarried. Thinking about your former spouse is probably the last thing you want to do in this situation, but your remarriage can have a substantial impact on your divorce agreement and future arrangements with your ex.

Understanding how a new marriage may affect spousal support and child support is an important part of getting remarried because the changes could impact not only you but your future spouse as well.

How Does Remarriage Affect Spousal Support in Illinois?

For the recipient of spousal support, getting remarried terminates the right to receive payments. However, many recipients of spousal support know this and will attempt to delay or avoid getting remarried in order to continue receiving spousal support. Illinois law disfavors this strategy and dictates that spousal support terminates when the recipient spouse begins cohabitating with a new partner. The recipient is required by law to immediately notify their former spouse of their remarriage or cohabitation.

Continue Reading ››

 Posted on August 24, 2021 in Child Custody

During the divorce process, parents with children in Illinois must create something known as a “parenting plan.” A parenting plan addresses several things, including when each parent will spend time with their child, where the child will go to school, and who will make important decisions on behalf of the child. But creating a parenting plan that both parents feel is fair and addresses their individual concerns can be challenging. Even after the parenting plan is created, new issues may arise as the children grow older, causing parents to consider modifying the parenting plan to address these issues.

What If We Disagree on Everyday Rules?

A common concern for many parents is also one that potentially affects the everyday life of a child: How much time they are allowed to spend on screens? With screens on TVs, computers, phones, and tablets, it is easy for kids to spend hours each day watching television or playing games. A parent who is more restrictive about screen time may have legitimate concerns about whether kids are getting too much screen time at the other parent’s house.

Continue Reading ››

 Posted on August 16, 2021 in Finances and Divorce

Divorce is already a complex and emotionally draining process, and this is especially true for someone whose spouse is frivolously spending the couple’s money before the divorce is finalized. Once that money is spent, it can be difficult, if not impossible, to get back.

In order to understand the legal remedies for victims whose spouses are recklessly spending marital money, or “dissipating marital assets”, it is important to understand what counts as dissipation of marital assets. Keep in mind that the best way to obtain a favorable outcome in cases involving dissipation is to hire an experienced divorce attorney.

What Is Dissipation of Marital Assets?

Spending by one spouse is likely to be considered dissipation if the spouse uses marital assets to buy things that:

• Only benefit them, rather than both spouses
• Are unrelated to the marriage

Continue Reading ››

 Posted on August 10, 2021 in Child Support

Women have made historical strides in the last 100 years in America. As recently as the 70s, women needed a man’s signature to obtain a credit card. Today, however, women are outperforming men in earning high school diplomas, university degrees, and even graduate degrees in medicine and law. More and more women are the primary breadwinners in their households.

These rapid changes in American women’s economic status have begun to reflect in the nation’s child support statistics. Although there is a long-standing suspicion in the American social consciousness that men are less likely to get allocated parental responsibilities for their children - and therefore more likely to pay child support - this is increasingly untrue. Men often are given parental responsibilities after divorce, and when this happens, fathers have a right to receive child support from the child’s mother for the same reasons and in the same amounts that men must pay.

Continue Reading ››