Handling the Holidays with Children after Divorce

 Posted on December 05, 2014 in Children of Divorce

Whether a family celebrates Christmas, Hanukkah, Kwanzaa, or just the winter season, the holidays will be very different following a divorce. However, it does not mean that the holidays will be impossible. In fact, certain steps can be taken to help keep everyone happy.

Have a Detailed Child Custody Agreement

The first and most important suggestion for handling the holidays after divorce is ensuring a child custody agreement specifically deals holiday arrangements. There is no "one-size-fits-all" approach. A decided schedule will depend entirely on the circumstances of each individual family.

Some couples choose to alternate holidays, with one parent having the children on Christmas in odd-numbered years and the other having the children in even-numbered years. Others may divide a holiday and have children spend part of the day with both parents. For example, one parent may spend Christmas Eve and Christmas morning with the children, while the other parent then spends the remainder of Christmas day with the children.

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Parent Education Class Requirements in Illinois Child Custody Cases

 Posted on November 28, 2014 in Children of Divorce

The Illinois Supreme Court rules require all parents involved in a child custody case, whether contentious or not, to enroll in parent education classes. Even if the one parent defaults or fails to participate in the proceedings, the other parent is required to attend the parent education class.

Each Circuit Court or county may create its own parenting education program, provided it consists of at least four hours and covers visitation, custody and the impact both have on children. Each parent is required to attend the parent education class no later than 60 days after there is an initial case management conference. The Court may impose sanctions of its choosing on parents who fail to attend the class as required, without showing good cause as to why their attendance should be excused. The Circuit Court of Cook County has two approved parent education courses: one in-person class and an online option. Parents are able to choose the course. However, there is one exception. Parents who are ordered to attend mediation or emergency intervention must attend the in-person classes. The goal of parent education classes is give parents tools to help minimize the stress marital conflict can have on their children and to help them learn how to have a non-adversarial relationship after the divorce. The better the relationship between the parents post-divorce, the easier the divorce and its aftermath will be on the children. While parents work their way through the custody process, the classes provide them with skills to promote healthier communication as a means to reduce conflict. The in-person course has three options, depending on where each couple is in the child custody process:

• Pre-decree class: Parents in the process of a divorce or civil union dissolution.

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​Name Change in Illinois after Divorce

 Posted on November 21, 2014 in Divorce

A recent article on The Huffington Post may have you wondering how difficult it is for spouses to revert back to their maiden names following a divorce. The author, who lives in Massachusetts, stated that she was required to pay a filing fee to take back her maiden name, and that there was no guarantee that the Court would grant her request (though it ultimately was granted).

Use of Maiden Name after Illinois Divorce

In Illinois, spouses can revert to their maiden names following a divorce with minimal hassle. In order to do so, the interested spouse must simply include a request in the divorce petition to restore a maiden name. The same applies to same-sex divorcing couples. Additionally, there is no additional filing fee, and although the request requires Court approval, the Court is very unlikely to not grant it.

However, obtaining a Court order authorizing you to use your maiden name again is the first step in the process. Like when you changed your last name when you got married, you will need notify government and business organizations that your name as changed.

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Child's Preference in Illinois Custody Cases

 Posted on November 14, 2014 in Children of Divorce

One of the most difficult aspects of divorce is dealing with child custody. The possibility of having to relocate or switch schools, in addition to spending less time with both parents, can leave a child feeling stressed, anxious and opinionated about the parent with whom he or she wants to live. However, when making an award of child custody or visitation, the Court must consider the child's best interests. Additionally, there are a number of factors the Court must weigh. One factor is a child's preference, pending the Court determines that the child has "sufficient maturity to express a preference."

Best Interests and Child Preference in Illinois Custody Awards

Unlike some states, Illinois does not have a definite age at which a Judge must consider a child's preference. Therefore, a Judge has wide discretion in determining whether or not to give any weight to a child's preference, or even if a child will be allowed to express a preference.

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​Law Governing Illinois Spousal Support Payments Set to Change

 Posted on November 10, 2014 in Divorce

A new law, scheduled to go into effect on January 1, 2015, will change the way Courts can award spousal support (also known as alimony or maintenance) in Illinois divorce cases.

Current Illinois Spousal Support Guidelines

The current law governing spousal support payments in Illinois divorce cases authorizes the Judge to award spousal support to either spouse after weighing a number of factors, including:

• Duration of the marriage;
• Income and education level of each spouse;
• Lifestyle established during the marriage;
• Health of each spouse; and
• Future earning capacity of each spouse.

The current structure for awarding support does not have any percentage guidelines to help Judges determine the amount or duration of any spousal support payments. This means the amount of any award of spousal support is purely discretionary on the Judge's part, and could be influenced by his or her personal views on spousal support or how sympathetic (or unsympathetic) he or she finds either party.

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Can Use of Corporal Punishment Affect Illinois Child Custody?

 Posted on October 27, 2014 in Children of Divorce

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Maintaining a Friendly Relationship after Divorce

 Posted on October 20, 2014 in Divorce

When many couples divorce, the relationship is severed entirely, and neither party has a kind word to say about his or her ex. Others, particularly those with children or mutual friends, are able to maintain a civil relationship. Yet while their interactions are minimal (usually regarding child custody issues or chance encounters at social engagements), they are, at the very least, cordial. However, some couples are able to do the unimaginable – remain friendly with not only their ex-spouse, but with their ex-spouse's family as well. Piano man Billy Joel and his ex-wife, supermodel Christie Brinkley, are the most recent high-profile example of a couple able to maintain a respectful, even friendly relationship following the divorce.

Benefits of Friendly Divorce

Joel and Brinkley divorced in 1994 after nine years of marriage and one daughter. Both have remarried and divorced since their union ended. Brinkley was married and divorced twice more following her split from Joel, with Joel a guest at her second post-divorce wedding. Brinkley was a guest at Joel's wedding following the split.

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The Denial of Child Custody and Visitation to Illinois Fathers

 Posted on October 17, 2014 in Child Custody

Illinois Fathers and Sexual Assault

An Illinois law enacted in 2014 denies child custody or visitation rights to men who father a child through sexual assault or sexual abuse, regardless of actual criminal conviction for the assault. Prior to enactment of the new law, a man usually had to either be convicted of, or pled guilty to, any type of criminal sexual assault to automatically be denied custody of, or visitation with, his child.

As previously written, custody or visitation could only be denied if the father had been convicted in a criminal Court of law. Recognizing that many women choose not to press charges against their rapist, and that an acquittal in a criminal Court means only that the prosecution could not prove its case beyond a reasonable doubt – not that the accused was innocent – the Illinois legislature chose to revise the law.

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Illinois Divorce Asset Valuation

 Posted on October 03, 2014 in Divorce

Getting divorced means deciding how to divide the assets. However, before you can agree upon the division of assets, you must first assign a value to those assets.

Valuation Date for Illinois Divorce Assets

Under Illinois law, assets in a divorce are valued as of the date of trial, or as close to it as possible. Assigning value to an asset can sometimes be difficult, either due to circumstances (the trial date is postponed the day before) or the type of asset (stock prices fluctuate based on changing markets).

To eliminate some of the potential difficulties, the parties can agree on a valuation date. For example, a mutual fund will be valued based on the previous quarterly statement.

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Pets and Illinois Divorce

 Posted on September 30, 2014 in Division of Property

According to Schaumburg, Illinois-based American Veterinary Medical Association, 51.8 percent of Illinois residents are pet owners. For many of these residents, their animal companions are more than pets — they are four-legged family members and are as beloved as children. And like children, deciding who receives custody of the pets in a divorce can become heated.

Obtaining Custody of Pets in Illinois Divorce Illinois Courts consider pets as personal property, no different than bank accounts, vehicles or other household belongings. This means they are just another asset to consider when determining the most equitable way to divide assets. The Court will not conduct a custody hearing, and there will not be "best interests" factors to consider when deciding who should receive the pet. However, there are steps you can take to increase the likelihood that the Judge will award you custody of your pet. Retain copies of all receipts. Because pets are personal property, you must be able to prove a greater ownership interest than your spouse in regards to your pet. Documents showing that the pet was registered in your name, receipts from veterinary bills (especially if paid from your separate property) or other evidence showing as you as the pet's primary caretaker can help prove that the Court should award you the pet. Prove your ability to care for the pet. Even though pets are property, they are different from a car or bank account — they require active care. Being able to show that you are better able to care for the pet than your spouse may help sway the Court's decision. Other determining factors which may help prove you are in a better position to care for the pet include your spouse having a job that requires frequent travel, his moving into an apartment or rental home that does not allow pets or evidence of allergies. Agree to a custody schedule. Although the Court will not engage in a custody determination the way it will with children, this does not mean it will not consider a custody arrangement if one or both of the parties present one. For couples with children, it may be helpful to keep the pets on the same visitation schedule as the children. Obtain a pre- or post-marital agreement. Though not an option if you are in the middle of a divorce, either a pre- or post-marital agreement will allow you to address the issue of who will receive the pet in the event of divorce. Palatine Divorce Attorney If you are planning on filing for divorce, or if you have just been served with divorce papers from your spouse, contact Palatine divorce attorney Nicholas W. Richardson today for a free consultation. With more than a decade worth of experience handling divorce and other family law matters, Nicholas W. Richardson understands the complex emotions that can arise and knows when to approach each issue in the spirit of compromise — and when to dig in and fight. Call the Law Office of Nicholas W. Richardson, P.C., today to discuss your case.

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