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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Going on Dates While Divorcing in Illinois

If you are getting divorced, you may be excited at the thought of meeting someone new. You may even already have someone special in your life other than your spouse.

Continue Reading ››

 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:

• Abandons the child
• Neglects the child
• Mentally, emotionally, or physically abuses the child

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Learn About Illinois Divorce Laws and What to Expect

Each state has different divorce laws, and these laws frequently change. It may be a good idea to research Illinois divorce laws so you will know how the process generally works. Each case is different, but this can give you a place to start. Illinois is a no-fault divorce state without a waiting period or mandatory separation period. However, at least one of the spouses must have lived in the state for 90 days to file for divorce in Illinois.

Continue Reading ››

 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.

If you wish to modify parenting time, you may do so if the modification serves the child's best interests. If you and your spouse agree on the modification, you can submit the modification to the Court for approval. If you and the other parent disagree about the proposed modification, the Court may require you to attend family law mediation. If mediation is unsuccessful and you still disagree about the parenting time modification, the Court may appoint a guardian ad litem or child custody evaluator to assess the situation and provide the Court with an informed opinion.

Continue Reading ››