Posted on June 14, 2022 in Divorce

If you are getting divorced, you may have questions about spousal maintenance. Sometimes called alimony or spousal support, spousal maintenance aims to reduce the negative financial impact suffered by a spouse after a divorce. Whether you are the primary income earner in the marriage or you make less than your spouse, it is crucial to understand how spousal maintenance works in Illinois divorce cases.

Who Can Get Spousal Maintenance?

Typically, spousal maintenance is paid to lesser-earning spouses to offset the negative financial effects of divorce. While women have traditionally been the recipients of spousal maintenance, men and women can be both payers or recipients of maintenance.

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 Posted on June 08, 2022 in Divorce

Divorcing spouses must contend with several different financial issues during divorce. One of the most consequential of these issues is the division of marital property and debts. Almost all of the assets acquired by either spouse during the marriage are considered marital property. Illinois law states that marital property should be divided equitably. However, some divorcing spouses try to get an unfair advantage by hiding money or property during divorce.

Tactics Spouses May Use to Shield Assets From Division During Divorce

If you are getting divorced, any property division agreements or judgments you receive should be based on accurate financial information. Spouses in a divorce are asked to disclose all of their assets, including real estate property, bank accounts, retirement accounts, vehicles, business interests, and investments. However, spouses may fabricate financial information to try and gain an edge during property division.

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 Posted on May 31, 2022 in Divorce

During the divorce process, many of the most difficult decisions for parents revolve around the living arrangements and care of their children. If divorcing spouses are on relatively amicable terms, compromise and cooperation may be possible. For those in a more contentious environment, reaching a mutually acceptable plan may be a struggle. No matter how strained their relationship is, there are some situations that all parents going through a divorce should plan for in their parenting plan. An experienced divorce attorney can help guide you through the process.

Parenting Plan Elements

Residence, Schedules, and Holidays - To keep both parents involved in a child’s life on a regular basis, children often split time between the homes of both parents. The parents should work together to determine the best schedule for the needs of the child while being cognizant of each other’s schedules as well as minimizing travel time back and forth. Dividing time around holidays should also be addressed well in advance since holidays have the potential to cause conflict.

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 Posted on May 18, 2022 in Child Custody

When parents divorce, they rarely walk away from the relationship entirely. Because they share children together, they will be in each other's lives at least until their children are grown. Co-parenting with an ex or soon-to-be-ex is not always easy, but there are steps parents can take to make co-parenting less stressful for everyone involved.

If you are recently divorced or intend to divorce soon, read on to learn some tips and tricks for co-parenting during summer vacation.

Effective Co-Parenting Starts with a Strong Parenting Plan

Divorcing parents in Illinois will create a parenting plan which describes parenting time, parental responsibilities, and other vital matters. Ideally, the parents will be able to agree on the terms of the parenting plan with help from their respective attorneys. However, if the parents cannot agree, they can submit separate parenting plans to the Court, and the Court will determine the best course of action.

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 Posted on May 16, 2022 in Divorce

Each state handles divorce slightly differently. Furthermore, divorce laws frequently change to better reflect the needs of modern families. Updates and modifications to divorce laws can make it difficult for some divorcing spouses to know which laws apply to them. The changes can also lead well-meaning friends and relatives to offer outdated or inaccurate divorce advice. If you are thinking about divorce, read on to learn about the grounds for divorce in 2022.

Illinois is Now a No-Fault State

The term “grounds” refers to the legal justification for an action. When someone files for divorce, he or she is effectively asking the Court to grant him or her a divorce. The person who files, called the petitioner, will need to list the ground on which he or she is basing his or her request.

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 Posted on May 12, 2022 in Child Support

Child support provides financial assistance to parents with the majority of the parenting time. The funds received through child support may be used for rent or mortgage payments, educational costs, groceries, and other expenses. Once the child becomes an adult, he or she is expected to become financially independent. Child support payments usually terminate when the child reaches adulthood and graduates high school. Sometimes, child support payments are extended until the child completes an undergraduate degree.

If a child has a disability, he or she may not be able to reach the same level of financial independence as a child without a disability. Disabled children and their parents may require financial support in the form of child support even after the child becomes an adult. Fortunately, Illinois law provides the opportunity for non-minor support in situations like this.

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 Posted on April 22, 2022 in Divorce

Getting engaged to be married is one of the most exciting life experiences a person can have. If you are newly engaged, congratulations! You probably have a million things on your mind right now. You may be thinking about wedding plans, moving in with your partner, starting a family, and much more. You may also be thinking about whether you and your spouse should sign a prenuptial agreement. Premarital agreements or "prenups" offer numerous benefits to spouses. However, prenups are not exactly romantic. Bringing up the idea of a prenuptial agreement to your partner can be awkward. There is no way to eliminate the awkwardness entirely, but the following tips may help.

Make Sure You Both Understand The Benefits of a Prenup

Prenuptial agreements should benefit both parties in a marriage. These valuable legal tools can help you identify which assets and debts are marital and which are non-marital. This is very useful if either spouse has significant assets such as a business or professional practice. Prenups are also useful if one spouse has significant debts such as credit card debt or student loans. You can also use a prenuptial agreement to describe a spouse's right to spousal maintenance, keep family heirlooms in the family, and much more.

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 Posted on April 18, 2022 in Divorce

The end of a marriage is always sad. However, many separated and divorced people also see divorce as an opportunity for a happier future. For many divorcing couples, the split follows months, years, or even decades of a miserable marriage. Consequently, many divorcing spouses are excited about the prospect of reentering the dating world and finding someone who is a better fit for them. However, many people in this situation are also uncertain about the consequences of dating during the divorce proceedings. Can you date when you are separated but not yet divorced? Will dating affect the divorce process in any way? These are important questions that anyone considering dating during divorce should consider.

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 Posted on April 10, 2022 in Child Custody

A child’s parents are arguably the most important individuals in his or her life. Consequently, Illinois Courts do not interfere with the parent-child relationship unless there are extreme circumstances. Parents have the right to spend time with their children and be involved in their children’s lives. However, there are situations in which a parent may lose some or all of his or her parental rights. Parental unfitness can take many different forms, but the consequences of being deemed unfit are usually profound.

What is an Unfit Parent?

An unfit parent is incapable or unwilling to provide for a child’s basic needs and keep the child safe. Illinois law specifically states that a parent may be considered unfit if he or she:

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 Posted on April 07, 2022 in Divorce

When someone passes away, they often leave an inheritance to their loved ones through their estate plan. Heirs may receive money, real estate, vehicles, jewelry, or other assets from a close friend or relative who has passed away. How is this type of property handled during divorce? Do both spouses have a right to funds or property obtained through an inheritance? What if the inheritance was acquired before the couple decided to divorce? Is there a way to protect an inheritance from being split between spouses in a divorce?

Are Assets Obtained Through Inheritance Marital or Non-Marital Property?

Divorcing spouses have the right to negotiate their own property division arrangement during a divorce. If they cannot reach an agreement about who should keep what property, the Court will be forced to intervene. Illinois Courts follow equitable distribution laws when dividing property. Property acquired by either spouse during the marriage is typically considered marital property. However, Illinois law explicitly states that property acquired by inheritance is non-marital property owned solely by the spouse who inherited it. This may seem straightforward, but determining ownership rights of property originally acquired by inheritance can be complicated in certain situations.

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