Posted on March 31, 2022 in Child Custody

Divorcing spouses with children are subject to a parenting plan that describes the allocation of parental responsibilities and each parent’s right to parenting time. This parenting plan is incorporated into the final divorce decree and becomes a legally binding agreement. Parents cannot withhold parenting time from the other parent or otherwise deviate from the parenting plan. If your child’s other parent is not letting you spend time with your child, it is important to know your rights.

Visitation Abuse in Illinois

Not letting a parent see his or her children in violation of a parenting plan is sometimes called visitation abuse or “abuse of allocated parenting time.” The other parent may claim that the child does not want to see you, “forget” about your parenting time, or refuse to let you pick the child up for your scheduled parenting time.

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 Posted on March 30, 2022 in Divorce

If you are getting divorced, you may have many questions and concerns about the property division process. Often, the first things that come to mind when thinking about asset division are physical assets like the home and vehicles. However, valuing and dividing complex assets like retirement accounts is often more complicated and time-consuming. Whatever age you are, retirement is likely an important concern for you. Read on to learn about how retirement plans are addressed during Illinois divorce cases.

Determining the Value of Your Retirement Plan

Divorcing couples may be able to negotiate property division and make a decision without the Court’s involvement. However, regardless of whether property division is resolved through the Court or via an out-of-Court settlement, the spouses will need to determine the value of the retirement assets first. If you or your spouse have a defined contribution retirement plan like a 401(k) or 403(b), determining the value of the retirement plan should be relatively straightforward.

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 Posted on March 21, 2022 in Divorce

Most people know that, like most legal matters, divorce involves paperwork. You will “serve” the divorce petition to your spouse. He or she must “respond” to the divorce petition and either agree to the proposed divorce terms or contest the divorce terms. However, some spouses are so estranged that the spouse seeking the divorce does not know where the other spouse is. Fortunately, there is a way to proceed with divorce even if a spouse is missing. Read on to learn more.

Understanding the Divorce Service Process

When someone files for divorce in Illinois, he or she uses a document called a Petition for Dissolution of Marriage. This document starts the divorce process and lists the petitioner’s demands. Some spouses are able to simply hand the divorce petition to their spouses. Others deliver the divorce paperwork by certified mail or hire a county sheriff to serve the petition and summons to the other spouse. However, if you do not know where your spouse lives and have no means of contacting him or her, these are not feasible options.

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 Posted on February 28, 2022 in Divorce

Divorce can be complex legally, financially, and personally. Ending your marriage will likely have a profound impact on your life in a multitude of ways. Fortunately, there are steps you can take now to prepare for the divorce process and set yourself up for success.

Inventory Your Assets and Debts

One of the most consequential aspects of divorce is the division of marital assets and debts. You will need to determine who you and your spouse will divide bank account balances, real estate, vehicles, household items, retirement funds, credit card debt, and much more. Take some time to go through your financial documents and make a list of the assets you own and the debts you owe. Gather and make copies of your tax returns, pay stubs, bank statements, loan applications, and other financial paperwork.

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 Posted on February 24, 2022 in Child Support

When parents divorce, the final divorce decree will contain the terms of the divorce, including child custody terms. The parents are required to follow these terms. Failure one-size-fits-all to charges for contempt of Court. However, circumstances change, and sometimes, the initial child custody terms are no longer appropriate for the situation. Read on for several frequently asked questions about modifying child custody in Illinois.

How Can I Change My Parenting Plan?

Illinois parents use a Parenting Plan or Parenting Agreement to describe how they will share parenting duties. Illinois law classifies parenting duties into two main categories: Parental responsibilities are decision-making responsibilities, and parenting time is the time a child spends with each parent.

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 Posted on February 22, 2022 in Collaborative Law

To get divorced in Illinois, spouses must address multiple financial, legal, and logistical issues. If the spouses can agree on how to handle these issues, they can avoid the timely, costly, and stressful divorce litigation process. However, reaching an informed decision about property division, child custody, and other divorce issues is very difficult to do without help. Fortunately, Illinois spouses have the option of ending their marriage through collaborative law. Collaborative divorce is an alternative resolution method that offers numerous benefits for divorcing spouses and their children. One of the key elements in a collaborative divorce is the “participation agreement” or “collaborative agreement.”

Understanding Participation Agreements in a Collaborative Divorce

As the name implies, collaborative divorce is a collaborative process. The spouses and their lawyers seek to resolve divorce issues cooperatively, without the hostility that exists in many litigated divorce cases. To ensure that everyone in the collaborative divorce process understands and agrees to the terms of the resolution process, each participant is asked to sign a participation agreement. The spouses, their attorneys, accountants, appraisers, child specialists, and others involved in the collaborative process agree to these terms.

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 Posted on February 14, 2022 in Divorce

The National Institute on Alcohol Abuse and Alcoholism estimates that almost 15 million people struggled with alcohol use disorder in 2019. The statics for drug use are similarly disheartening. Just under 20 percent of teens and adults use illegal drugs or take prescription medication in an unlawful manner. Many people struggling with drug addiction are addicted to opioids like oxycontin or fentanyl. If your spouse is addicted to drugs or alcohol, his or her addiction will likely influence your divorce case.

Is Drug Addiction Grounds for Divorce in Illinois?

Each state has different divorce laws. Illinois is currently a no-fault divorce state. You will not list your spouse’s addiction as the grounds for you divorce. The only available ground for divorce in Illinois is “irreconcilable differences.” If your spouse contests the divorce and disagrees that you have irreconcilable differences, living separately for at least 6 months is considered sufficient proof of irreconcilable differences.

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 Posted on January 31, 2022 in Child Support

Many parents struggle to pay for college expenses such as tuition, room and board, and related fees. In the United States, the costs associated with obtaining a college education are incredibly high, with college tuition sometimes costing upwards of six figures for four-year schools.

No matter which college your child chooses to attend, tuition rates will likely be high. But if you are divorced in the state of Illinois, you may be wondering who pays for college between you and your ex. Do you both need to pay? Is a 50/50 division of tuition applied to a situation like this?

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 Posted on January 27, 2022 in Divorce

A divorce is an inherently tense process. Even when you are facing an uncontested divorce, tensions run high and a lot of difficult conversations must take place.

However, a detail that can make an already-stressful experience even more overwhelming is when a divorce involves partners with high net worths and high-value assets. A high net worth divorce poses a series of challenges that a typical divorce case would not necessarily present.

What is a High Net Worth Divorce?

In order to best understand the challenges that a high net worth divorce poses, it helps to define this type of divorce proceeding. A high net worth divorce involves property with substantial monetary value. Often, divorcing spouses own complex and hard-to-value assets such as a professional practice or business. Having a high net worth creates a situation in which the spouses have more to lose in the divorce. Consequently, the need for experienced, skillful legal counsel in a high net worth divorce can hardly be overstated.

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 Posted on January 26, 2022 in Child Custody

When two parents get a divorce, a major focal point of their divorce proceedings is often the allocation of parental responsibilities and parenting time. These child custody agreements are designed with the best interest of the children in mind. When parents relocate to another city or move to a different state altogether, the relocation may impact your parenting plan.

Three Steps Involved in Relocation When You Share Child Custody

Each instance of relocation when child custody is involved will have its own set of complexities and specifications. The best way to ensure that you have a complete understanding of your situation is by hiring a family law attorney.

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