Posted on November 13, 2018 in Child Custody

f you and your ex-spouse find yourselves unable to reach an agreement when it comes to child custody during your divorce, a judge will create an arrangement for you. An “allocation of parental responsibility” judgment created in court is based primarily upon Illinois law and what the judge considers to be in the best interests of the children, but it will not always work with the lifestyle of your family. When arguing your case in court, your goal is to represent beyond any doubt that more time with you is what is best for your children. Use these tips to help strengthen your case:

1. Educate Yourself

It is essential to understand that every state has a unique set of laws surrounding child custody. To best prepare your case, you should thoroughly investigate the laws and the factors a judge will use to make their decision. In Illinois, judgments of how to allocate parenting time and parental responsibility are based entirely on the best interests of the children, and the factors a judge will consider include:

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 Posted on November 08, 2018 in Paternity

Becoming a parent is one of the many significant milestones in life. It is a chance for you to pass on your knowledge and your legacy to the next generation. As we quickly discover, that legacy is well-earned through the many responsibilities we undertake as parents. We must make an enormous amount of decisions and sacrifices for our children, including providing for their medical care and education, as well as the financial costs required to provide them with an acceptable standard of living.

Unfortunately, information sometimes emerges that paternity is no longer certain, and a parent may be providing for a child who belongs to someone else. This emotionally charged situation happens more than you might guess. For this reason, there is a set legal procedure for disestablishing paternity, which effectively severs the obligation to pay child support or other financial requirements in the future.

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 Posted on November 06, 2018 in Child Custody

Our society becomes increasingly mobile with each passing year. Some of the top reasons to move often include a new employment opportunity or a desire to relocate to a new community. Another leading reason for relocation is a change in marital status. After a divorce, a person who has moved to a new city with their spouse may opt to return to their hometown, where they will have a more extensive support system. However, relocating with children after a divorce is not as easy as packing a bag and driving away. When planning for child relocation, parents in Illinois should be sure to understand the legal ramifications of their move.

Review the Terms of the Divorce Agreement

When you choose to move with your child, especially if you are planning to move out of state, you will be disrupting the parenting time (visitation) rights of the other parent. As part of your divorce decree, you may have temporary or permanent court orders outlining any rules or restrictions for moving. Choosing to ignore these orders may jeopardize your future with your children, and you could even be held in contempt of court, a charge which has serious legal repercussions.

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 Posted on November 05, 2018 in Divorce

Marriages are as unique as the individuals that enter them. From the wedding to the day-to-day lifestyle, what happens within one marriage is unlike any other. The same idea is true in divorces as well. There is no “one size fits all” solution to the dissolution of marriage. Today, while some divorces can be contentious, it is possible to achieve an amicable and cost-effective divorce through alternative dispute resolution, if your situation allows for it.

Mediation

Mediation is a way to achieve a divorce without many of the unpleasant side effects. With the assistance of a neutral third party, the two parties work out an agreement that is best for the family. Together, they decide the outcome of each issue, including child visitation schedules, spousal support payments, and property division. This option can take as little or as much time as necessary to conclude, and it often saves divorcing couples a significant amount of money. Additionally, this option often leaves less adverse effects on any children involved, as they witness their parents civilly reaching an agreement rather than feuding publicly in court. Due to the informality of the procedure, mediation works best for couples who can communicate relatively well with each other.

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 Posted on October 31, 2018 in Divorce

Making the decision to pursue a divorce is very difficult and should only be done after a great deal of reflection and thought. You married your spouse because you loved him or her and were ready to commit your lives to one another. If you are approaching divorce, obviously, the situation has changed dramatically. Some couples simply grow apart and are able to complete the divorce process with a level of cooperation and civility. In other cases, one spouse simply refuses to communicate or compromise, making things much more challenging for everyone involved. If your spouse is preventing your divorce proceedings from moving along reasonably, there are some things you can do.

Understand Your Spouse’s Reasons

A spouse who is being difficult during a divorce is generally motivated by something or a number of things. It is possible that your spouse is frightened of the prospect of moving forward alone and, therefore, is having trouble letting go, especially if you surprised your spouse by filing for divorce. An emotional period of transition is reasonable, but if your spouse’s behavior continues or worsens, it may be time for you to push through and complete the process despite his or her issues.

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 Posted on October 25, 2018 in Child Support

Many unmarried and divorced parents in Illinois pay child support. The monthly payments are meant to help evenly spread the cost of raising a child when parents are unmarried or divorced. In order to determine which parent will pay child support, the court chooses one parent to be the primary guardian. This parent has the majority of the parenting time and will therefore receive any child support which is ordered. The court then considers both parent’s income, assets, and life circumstances and uses that information to calculate a fair and reasonable child support payment amount.

However, we all know that life can be unpredictable. Sometimes unexpected life events like job loss, becoming hospitalized, or incurring significant medical bills leave parents unable to make their child support payments in full and on time. If you are struggling to pay your court-ordered child support, read on to learn how to handle the situation in a way that benefits both you and your child.

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 Posted on October 23, 2018 in Divorce

In any proceeding for divorce, the spouses must reach an agreement regarding the division of their marital property. If they cannot, the court will equitably allocate the marital estate between the spouses, taking a number of statutory factors into account. During the process, either spouse may file a claim of dissipation, alleging that the other party has spent or “dissipated” marital assets inappropriately, and that the dissipated money should be repaid to the marital estate before proper allocation can be completed. When the spending occurred, however, is an important consideration, and one that may impact the court’s ultimate decision regarding the claim.

What Is Dissipation?

Under Illinois law, dissipation is a spouse’s use of marital for his or her own personal benefit and not for the benefit of the marriage. Dissipation is often alleged in cases where one party has spent a great deal of money on drugs, alcohol, gambling, bad investments, or extramarital affairs. In some cases, dissipation can also include the destruction of or failure to maintain an asset. Such actions are problematic because inappropriate spending or destruction can significantly reduce the value of the marital estate.

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 Posted on October 15, 2018 in Divorce

Under the law in Illinois, children have to right to expect financial support from both parents, regardless of the adults’ marital situation. The same is not true, however, for divorcing spouses. While there may be situations in which long-term spousal maintenance is appropriate, there is no inherent assumption that it will be granted. Instead, in the absence of an agreement either at the time of divorce or prior, such as a prenuptial agreement, the court will examine the applicable circumstances and decide if an order for spousal support is necessary.

Negotiated Maintenance and Prenuptial Agreements

Most aspects of divorce can be settled fairly amicably through the process of negotiation. You and your spouse may be able to reach an agreement regarding spousal support with an arrangement that works for your particular situation. Spousal maintenance provisions can also be included in a prenuptial agreement, created prior to your marriage. As long as such agreements are workable and relatively fair, they are likely to be accepted by the court.

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 Posted on October 08, 2018 in Divorce

While the divorce rate seems to be leveling out for most age groups—and possibly dropping for some demographics--there is one in particular in which divorce is more common than ever. Depending upon your perspective, it may come as a surprise to learn that the divorce rate among people age 50 and older today is twice what it was a quarter-century ago. For the 65 and older age group, the rate of divorce has more than doubled. During the same period, the divorce rate for virtually every other age group has remained the same or has fallen. So what is causing the increase in older divorce, or, as some call it, gray divorce? While the explanation is probably not to be found in just a single factor, there are a number of things that may be playing a role.

Not the First Time

One of the contributing factors to increase in gray divorce is the idea that second marriages among all age groups fail at a much higher rate than first marriages, and third or subsequent marriages even more so. Just based on pure probability, and with remarriage rates at record-highs, more and more older Americans are in the midst of a second or third marriages, making them at least two and a half times more likely to experience a divorce.

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 Posted on October 04, 2018 in Child Custody

When you are in the midst of a divorce, it may seem very tempting to just sit back and the let a judge make the difficult decisions. Of course, this approach fails to account for the multiple court appearances that will be probably be necessary, and the fact that you will still need to provide the court with all of the information and evidence relevant to your case. Divorce laws in Illinois explicitly promote amicable agreements between divorcing spouses whenever possible. Divorcing parents, in particular, are expected to work together in developing a plan for cooperative parenting and protecting their children’s best interests.

Parents Know Best

There are many examples in Illinois family law indicating that a court must presume that parents will act in the best interest of their child. This is based on the idea that, unless proven otherwise, parents are equipped to fully understand the situation at hand and to make decisions for their child that are ultimately beneficial.

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