Posted on September 01, 2015 in Divorce

The calculation of spousal maintenance, or alimony, has become increasingly inconsistent in recent years due to the large amount of discretion given to individual judges in assigning awards. However, in 2014, the Illinois legislature passed an amendment to the state's alimony law. The new law works to limit individual judges' discretion in alimony awards by providing judges with a specific set of spousal maintenance guidelines to follow when making their rulings.

The Illinois Marriage and Dissolution of Marriage Act

Prior to the passage of the amendments to the Marriage Act, Judges determined whether a spouse was entitled to alimony based on factors listed in the Illinois statutes. These factors included:

• Each couple's needs;
• The ability of each spouse to earn a living;
• The length of the marriage;

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 Posted on August 25, 2015 in Divorce

With the recent historic Supreme Court ruling in Obergefell v. Hodges, same-sex marriage is now legal everywhere in the United States. While legal in Illinois for over a year, the effect for couples who may want to move or travel out of Illinois is significant.

Same-Sex Marriage in Illinois

In 2013, the state legislature approved same-sex marriage in Illinois. Effective as of June 2014, the law allows for same-sex marriage while protecting religious liberties and provides that religious groups may choose which marriage ceremonies to perform; they may not be sued if they refuse to perform a same-sex marriage.

Churches, synagogues, mosques and other places used primarily for the practice, study or advancement of religion cannot be required to use their buildings for same-sex marriage events. Declining to provide a space based on religious beliefs provides immunity from civil and criminal liability.

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 Posted on July 30, 2015 in Children of Divorce

A Florida mother, who violated the terms of a child custody agreement by refusing to turn her four-year-old son over to the father for an agreed upon circumcision, finally consented to having the procedure done at the end of May. During the court proceeding, the judge advised the parents that as they continue to raise their son, disagreements need to be worked out through communication, and not by taking the law into their own hands.

Advice, however, is sometimes easier to give than to take. When a relationship ends because the spouses cannot get along, how are they supposed to work together to raise their children?

While it may not be easy, successful co-parenting is possible after a relationship has ended.

Focus on Communication

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 Posted on June 24, 2015 in Child Custody

Questions regarding jurisdiction in Palatine child custody cases are common. Based on the specific circumstances of each case, the answers to these questions can differ from person to person. However, several general questions have similar answers.

What is jurisdiction?

Jurisdiction gives a Court the authority to decide a case. In Illinois, a Court has jurisdiction to decide a child custody case if Illinois is the child's home state. Therefore, a child must live in Illinois for a six-month period immediately preceding the filing of a petition.

My spouse moved out of state. Can Illinois still decide my child custody case?

Yes. Jurisdiction is based solely on a child's home state, not where the parents live.

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 Posted on June 17, 2015 in Child Custody

A well-known actress is currently at odds with her ex-fiancé regarding frozen embryos the couple created before parting ways. The ex-fiancé wants to implant the embryos in a surrogate. However, the actress, who is currently engaged, wants them frozen indefinitely.

If a petition is granted, what rights and responsibilities would the actress have regarding child custody and child support?

Illinois Law Regarding Embryos

The use of fertility treatments to aid couples who cannot conceive spontaneously is increasingly common. One popular method is in-vitro fertilization, a method where egg and sperm are joined in a lab and are then implanted into the woman. During in-vitro, many pre-embryos are created at one time; those that are not implanted are either destroyed, donated or frozen indefinitely.

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 Posted on June 09, 2015 in Child Custody

A Florida mother recently filed suit in Federal Court to prevent her ex-husband from having their four-year-old son circumcised. However, a lower Court has ordered the woman to turn the boy over for surgery — she had previously agreed to allow the circumcision in a child custody agreement.

Illinois Joint Legal Custody

The default under Illinois law is to grant a child's parents joint legal custody — an arrangement that can be granted even if one parent has primary physical custody. Joint legal custody means both parents have a right to make decisions regarding all aspects of a child's life, including religious upbringing, education and medical care. Parents who share legal custody are therefore required to talk and come to an agreement on all issues, just as they would if they were still married.

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 Posted on June 03, 2015 in Children of Divorce

Couples may commonly stay together for the “sake of the kids” rather than get a divorce. In fact, some couples are now choosing to emotionally and financially server a relationship but continue to live together. This type or parenting — platonic parenting — tries to combine what is best for a couple and their children.

Married While Separated

A couple, recognizing that their marital relationship is unsustainable, decide to end their relationship. However, in the interests of the children to be raised by both parents in the same household, the parents continue to live together in the family home. The marital relationship continues in a legal sense, but from an emotional (and often financial) standpoint, the relationship ends. There is no divorce proceeding, no arguing over child custody, and no dealing with child support payments. As far as the children are concerned, life continues as normal.

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 Posted on May 27, 2015 in Children of Divorce

Order for Removal of Child in Illinois

After your divorce is final, you may find yourself wanting to move out of state. Perhaps you want to be closer to your family, or you have found a new job that will advance your career. Or, you may have remarried and your new spouse needs to relocate for work. The only problem is, you and your ex-spouse have a child custody agreement.

Can you move out of Illinois and take the children with you?

You have two options if you want to move out of state with your child: get the other parent's permission, or obtain an order for removal from the court.

Parental permission for child to move out of state

If your child's other parent agrees to the child moving out of state with you, then you have no issue. Some parents include a move in a parenting plan, if they knew at the time of the divorce proceedings that a move was imminent. If your ex-spouse agrees, you do not need to obtain an order from the Court. However, because a move will likely alter visitation as set forth in your parenting agreement, you and your spouse should sit down and revise the plan to reflect the new living arrangements.

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 Posted on May 13, 2015 in Marital Property

Getting divorced means negotiating an equitable division of marital assets. Marital assets are any assets a couple acquired together during a marriage; everything else — assets either spouse came in to the marriage with, or assets received during the marriage by gift or inheritance — is separate. However, separate property can become a marital asset and is thus subject to division if the property is commingled with marital assets.

The following scenarios explore the concept of commingling and identify the types of situations in which separate property can become marital property.

Scenario 1: Pete and Rose have been married for 10 years. When married, the couple moved into Pete's home, which he had purchased eight years prior to the marriage. Pete never put Rose's name on the home's title, however, nor was her name ever placed on the mortgage. The couple did open a joint checking account that they both contributed to, and the mortgage was paid from the joint account. If they divorce, will the home be considered separate or marital property?

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 Posted on May 05, 2015 in Division of Property

Locating Hidden Assets in a Palatine Divorce

Illinois law requires that parties in a divorce disclose all financial information to the other spouse in order to facilitate the division of assets. Most of the time this information exchange is done in the spirit of the law, since both parties have full knowledge of both the marital asset and their spouse's non-marital assets.

However, in certain cases, one spouse purposely hides assets from his or her spouse. This may be done in anticipation of divorce, or a spouse may have secretly stashed money away throughout the marriage in the event of a divorce.

If one spouse was solely responsible for taking care of the family finances, then the other spouse may have no idea where money is invested or what it was used to purchase. Moreover, the spouse may even question the true amount of the family's annual income. A spouse in this situation could be at risk for being cheated out of his or her fair share of the marital assets because he or she has no idea what the couple actually owned.

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