Posted on February 25, 2020 in Divorce

When you are going through a divorce, you will want to work with an attorney who can help you secure a fair settlement and make the process as easy as possible. However, you do not need just any attorney; you need the lawyer who is right for your case. Although there are many good divorce lawyers in Illinois, you will want to find someone you are comfortable with who can address your unique concerns and help you complete the divorce process successfully. You will want to ask your divorce lawyer following questions:

Have You Handled Many Cases Like Mine?

No two divorce cases are alike. You may need to address a variety of complex issues, such as a high net worth, child custody disputes, or potential dissipation of assets by your spouse. You might expect your divorce to be contested, or you may plan to reach an amicable settlement with your spouse using methods such as mediation. You will want to be sure the attorney you ultimately hire should is experienced in handling the issues you will need to address.

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 Posted on February 20, 2020 in Child Custody

For many parents going through divorce, the biggest fear they have is that they will not be able to spend as much time with their children. This fear is an understandable one. Although the divorce laws in Illinois state that a parent's gender should not be considered when making decisions about child custody, many judges still have a bias, even if they do not realize it. In many cases, parents worry that they will be treated unfairly when courts allocate parenting time, and they may be unsure of how they can protect their parental rights and ensure that the decisions made during divorce will provide for their children's best interests. However, Illinois lawmakers are currently considering legislation that could change how parenting time is addressed in divorce and family law cases.

Are There Minimum Parenting Time Standards in Illinois?

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 Posted on February 11, 2020 in Divorce

Under Illinois law, gender is not a factor that should be considered when deciding a divorce case; however, some may fear that the decisions made during divorce will favor their ex-spouse, and they will want to understand their rights and the best ways to achieve success during the divorce process. Below are some of the biggest myths that still surround men and divorce and the truth behind them:

When Men Do Not Pay Child Support, They Cannot See Their Child

Fathers may worry that if they fall behind on child support payments, the mother may be able to refuse to allow them to spend time with their child. Fortunately, this is not the case. There are serious consequences for not paying child support, including being held in contempt of court. However, the courts view child custody and child support as two separate issues, and a mother cannot punish a father for non-payment of child support by restricting parenting time. If a parent withholds visitation because their ex-spouse did not pay child support, she/he can face serious consequences themselves.

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 Posted on January 31, 2020 in Divorce

Many states have adopted a no-fault system for divorce. This means that when one spouse wants to get divorced, he/she does not have to prove that the other spouse did anything wrong. One spouse simply states that there was a breakdown in the marital relationship and attempts to reconcile would not be in the best interests of the family.

Those in Illinois wanting to divorce may wonder whether the process of filing for divorce is this simple. Fortunately, Illinois law allows for no-fault divorces. If you are considering divorce, there are some issues you should consider before filing your divorce petition.

Grounds for Divorce in Illinois

In the past, Illinois law allowed a person to state that his/her spouse was at fault for the breakdown of the marriage. The law recognized a number of grounds for divorce, including:

• Impotence
• Bigamy

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 Posted on January 22, 2020 in Child Custody

As of January 1, 2020, marijuana is legal in Illinois for both medical and recreational use. However, even though the possession and use of this drug is no longer a criminal offense, people who have gotten a divorce and have at least partial custody of their children should think carefully before using marijuana. Irresponsible use of drugs or alcohol could negatively affect the amount of time you are able to spend with your child.

How Marijuana Use May Affect Parenting Time and Parental Responsibility

In Illinois, child custody is referred to as the allocation of parental responsibilities, and visitation is referred to as parenting time. When determining how much time each parent will spend with their child, the court will consider what is in the child's best interests. If one parent is concerned that the other parent is using marijuana when the child is in his or her care, this issue can be brought to the attention of the courts, and the parent may ask for a modification of the parenting plan. For example, a parent may ask that the other parent's parenting time be reduced or that the parent be prohibited from using marijuana during his or her parenting time.

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 Posted on January 15, 2020 in Division of Property

There are many assets the courts will divide between a couple during divorce proceedings. Some of the most common include the marital home, a business acquired during the marriage, bank accounts, and vehicles. Retirement accounts are one type of asset that many people do not consider when entering into property division negotiations. However, accounts such as IRAs, 401(k)s, and pensions are subject to division between spouses, just like other marital assets. How they are divided and when the funds are distributed will depend on several different factors.

Retirement Accounts as Marital Property

In Illinois, as in all other states, property is considered to be either marital property or separate property. Separate property is any property either spouse owned prior to the wedding that was brought into the marriage. Marital property, on the other hand, is any property that was acquired during the marriage by one or both spouses.

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 Posted on January 08, 2020 in Child Support

All parents in Illinois are responsible for providing financial support for their children. This is a fairly straightforward matter during a marriage, but after divorce, it can become more complicated. In many cases, the non-custodial parent is responsible for paying child support to the custodial parent, and these payments are meant to help with daily expenses and costs associated with raising the child. Sometimes, a non-custodial parent may find him or herself in financial trouble, or he or she may want to punish the other parent by refusing to pay support. However, a non-custodial parent can face severe consequences for not paying court-ordered child support. Custodial parents should be sure to understand their options for enforcing payment of child support that is owed.

In some cases, a parent may work with the Illinois Department of Healthcare and Family Services' Division of Child Support Services (DCSS) to enforce payment of child support. A parent may also work with a family law attorney to take legal action through the court. The consequences a non-paying parent may face include:

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 Posted on December 30, 2019 in Children of Divorce

After getting a divorce as a parent, you and your ex-spouse will typically have to work together to co-parent your children. This can be difficult, particularly if the divorce was bitter or messy, and there are still feelings of resentment. However, it is best if you are able to work together with your ex-spouse as peacefully and respectfully as possible. Not only will everyone benefit from this cooperation, but it can help you demonstrate that you are willing to put your children's interests first, which may work in your favor if you need to modify the terms of your parenting plan in the future. Here are some ways you can encourage ongoing cooperation between co-parents after getting divorced:

Solve Problems Together

Although you and your ex-spouse have agreed to work together as co-parents, this does not mean that any hurt or anger that built up during the divorce will just go away. However, you will still need to be able to cooperate to meet your children's needs and address any problems that may arise. When working to resolve these issues, you should try to put your feelings about your former spouse to the side and focus on how the two of you can reach a solution that will provide for your children's best interests.

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 Posted on December 27, 2019 in Division of Property

If you are getting a divorce in Illinois, you may be expecting to receive an equal 50 percent of the property you and your spouse own. However, Illinois is an “equitable distribution” state when it comes to the division of marital property. This means that property is divided fairly, but not necessarily equally. Although many divorce cases are finalized with a 50/50 split, this is not always the end result. Judges may consider a variety of factors when determining how to fairly divide assets, including:

The Financial Position and Earning Power of Each Spouse

If one spouse is going to be in a bad financial position after the divorce, and the other spouse is very well off, a judge will take this into consideration. This is particularly true if the spouse that does not have a lot of finances stayed home to look after the household and take care of the children.

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 Posted on December 19, 2019 in Divorce

In an ideal world, everyone going through a divorce would be honest and upfront about their finances. Unfortunately, some spouses understand that marital property is going to be divided, and because of this, a person may try to hide certain assets from the other spouse during divorce. This is financial fraud, and it can result in an extremely unfair settlement for the spouse that is not hiding assets. The good news is that there are ways to protect yourself from these types of actions by your spouse.

Understand the Potential Types of Fraud

There are many different ways a spouse can try to hide assets during a divorce. A person may temporarily give friends and relatives property, cash, or securities in order to avoid dividing these assets. In other cases, a spouse may try to hide or misreport income in order to reduce his or her spousal maintenance or child support obligations.

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