Posted on June 29, 2023 in Child Custody

In Illinois, no legal presumption favors mothers over fathers in child custody cases. Both parents have equal parental rights, and the Court makes decisions about the allocation of parental responsibilities and parenting time based on the child’s best interests. In cases where parents are unmarried, establishing paternity will ensure that a father will be able to assert his parental rights, and until the father is named the child’s legal parent, the mother may have sole custody of a child.

What Factors Does the Court Consider in Child Custody Cases?

When determining how issues related to child custody will be addressed, the Court may consider various factors to determine what arrangements will be in the best interests of the child. The issues considered may include the:

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 Posted on June 26, 2023 in Divorce

Our world has changed dramatically in the past decade. From the COVID-19 pandemic to the rise in sophisticated technology, our lives have been changed in ways that we never imagined. As a result, there are more considerations than ever for divorcing parents to keep in mind as they prepare for their separation.

If you are getting divorced, your parenting plan will include decisions about the allocation of parental responsibilities and parenting time, information about your right to access child-related records, provisions addressing future modifications of the parenting plan, and much more. However, divorcing parents should not stop at the bare minimum. They may also need to address the following five key issues:

Technology and Online Safety

With the increased use of technology in children's everyday lives, online safety has become a major issue for parents to consider when creating their parenting plan. Whether agreeing on appropriate internet usage or developing guidelines for monitoring online activity, both parents should be aware of their expectations in order to ensure the safety of their children.

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 Posted on June 07, 2023 in Divorce

Many people considering divorce assume that keeping lawyers out of the process is the best way to reduce conflict and simplify the divorce process. They believe that hiring an attorney will mean that the divorce becomes an adversarial “me versus them” situation. However, this is not the case.

Divorce attorneys offer a multitude of benefits during divorce, and hiring a divorce lawyer does not mean that your divorce will be acrimonious. Many divorce lawyers offer alternative dispute resolution methods, such as mediation and collaborative divorce, which focus on amicably negotiated settlements instead of litigated court processes.

State-Specific Legal Knowledge and Advice

Divorce is a complex field that requires in-depth knowledge of state-specific laws and procedures. An experienced divorce lawyer will have a comprehensive understanding of the Illinois divorce process and the legal system as a whole. From property division and parenting plans to spousal maintenance, divorce lawyers provide valuable guidance, helping you navigate the intricacies of the process and protecting your rights.

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 Posted on June 02, 2023 in Child Support

Unmarried and divorced parents are often required to pay child support to their child's other parent. The amount of parent pays is based on the Income Shares Model, which considers both parents’ net incomes to determine an appropriate payment amount.

Child support is crucial for covering child-related expenses such as housing, tuition or other educational costs, extracurricular activity fees, and more. If a parent fails to comply with an Illinois child support order, the Illinois Department for Child Support Services has the authority to take enforcement actions. One such action is suspending the non-complying parent’s driver’s license.

Child Support Enforcement in Illinois

Child support is ultimately for the child. Illinois lawmakers believe that a child should receive financial support from both of their parents even if their parents are not married or have gotten divorced. Parents who fail to make their child support payments in full and on time can face various consequences.

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 Posted on May 25, 2023 in Family Law

Unmarried and divorced parents are often required to pay child support to their child's other parent. The amount of parent pays is based on the Income Shares Model, which considers both parents’ net incomes to determine an appropriate payment amount.

Child support is crucial for covering child-related expenses such as housing, tuition or other educational costs, extracurricular activity fees, and more. If a parent fails to comply with an Illinois child support order, the Illinois Department for Child Support Services has the authority to take enforcement actions. One such action is suspending the non-complying parent’s driver’s license.

Child Support Enforcement in Illinois

Child support is ultimately for the child. Illinois lawmakers believe that a child should receive financial support from both of their parents even if their parents are not married or have gotten divorced. Parents who fail to make their child support payments in full and on time can face various consequences.

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 Posted on May 18, 2023 in Divorce

Without a doubt, owning a business complicates the divorce process. Unlike an employee of a company who can show his or her earnings on a weekly paycheck, business owners’ income varies significantly. Furthermore, business assets are often considered marital assets. This means that the non-owning spouse also has a right to a portion of the business’s value.

The situation becomes even more complex legally and emotionally if the spouses co-own a business together.

If you or your spouse own a business and you plan to divorce, you may want to consider using the collaborative law process to determine the division of marital property, child custody, and other divorce issues.

Benefits of the Collaborative Law Process for Business Owners

The collaborative process is a cooperative divorce resolution method during which the spouses, their attorneys, and other parties work together to resolve any disputed issues. Collaborative divorce is a popular choice for spouses who recognize their marriage is no longer salvageable, but still want to avoid an adversarial divorce litigation process.

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 Posted on May 04, 2023 in Divorce

Research shows that extramarital affairs are more common than many would suspect, and many lead to divorce. Whether it is a single instance of infidelity or a long-term secret affair, cheating can have a significant impact on a marriage. 

As you plan for your divorce, it is important to understand Illinois divorce laws and how the infidelity may impact your case. States vary significantly with regard to these matters, and laws change over time, so it is important to be educated. For personalized guidance regarding your divorce, contact an experienced divorce lawyer.

Dissipation of Assets

Unlike in other states, Illinois courts do not consider adultery or other forms of marital misconduct when determining how to divide property. In most cases, the property division process will not be affected by a spouse’s infidelity. However, there is one important exception. If a spouse spent a significant amount of money in connection with the affair, the other spouse may have a valid claim for dissipation of assets. The cheating spouse may be required to reimburse the marital estate for the dissipated funds.

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 Posted on April 28, 2023 in Divorce

When a married couple decides to divorce, typically, one spouse moves out. However, significant conflict can arise when there is a disagreement about who should move out of the home. Securing an apartment or other living arrangement can be stressful and expensive. Consequently, many spouses fight to remain in the marital home. 

In this blog, we will discuss how Illinois Courts handle disagreements regarding residency during the divorce process and what you can do if you and your other spouse disagree about who should stay in the marital home during the divorce process.

An Agreement is Often the Ideal Way to Resolve Disagreements About Living Arrangements

As with many issues during divorce, reaching an agreement regarding who will stay in the marital home is often the best option for divorcing spouses. Consider working with your respective attorneys to negotiate an agreement about who will keep the home and who will move out. Your agreement can also contain instructions for how the second home will be paid for. For example, one spouse may temporarily rent an apartment during the divorce proceedings, but both spouses will split the rent 50/50.

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 Posted on April 19, 2023 in Divorce

There is no doubt that divorce comes with significant emotional and psychological pain. Ending the marriage relationship is heartbreaking, even if the marital breakdown began years or even decades ago. In the midst of the emotional turbulence associated with divorce, many people fail to address crucial financial matters. As you prepare for your marriage's end, do not neglect the following financial considerations.

Both Spouses are Responsible for Marital Debts

You have probably already started thinking about how marital assets, such as bank accounts or personal property, will be divided during your divorce. However, keep in mind that property is not the only thing you will have to divide. Any debts acquired by either spouse during the marriage are considered marital debt.

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 Posted on April 14, 2023 in Divorce

In Illinois, and in most states, divorce records are publicly available. In order to access somebody's divorce records, all you have to do is walk into the Courthouse, pay a small fine, and receive copies of the documents. Understandably, some divorcing spouses are concerned about this.

Divorce documents may include significant personal information, including detailed financial disclosures. Fortunately, you have the right to ask the Court to seal your divorce records and prevent them from being accessed by others.

Common Reasons You May Want to Seal Your Divorce Records

The most common reason that an individual wishes to seal their divorce records is to ensure their privacy. Divorce paperwork includes private information that is nobody else's business. Unfortunately, neighbors, family, friends, or even coworkers may be curious about the details of somebody's divorce. Privacy is an especially crucial matter if an individual is well-known in the community.

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