Posted on January 29, 2014 in Legal Separation

When a marriage ends or a separation occurs, there are often bitter feelings and questions about what the involved parties should do next. Most often, in cases of this nature, the individuals will first look to their friends and family for advice, or in some instances, advice is thrown at those in transition without solicitation. The reality, however, is that there is no substitute for sound legal advice from a legal professional who understands the law and can apply it to your particular case.

Dissolution of Marriage

In Illinois, 750 ILCS 5/401 dictates the requirements for dissolution of marriage.The grounds for dissolution of marriage range from impotency, willful desertion to habitual drunkenness by the spouse for two years, the excessive use of addictive drugs for two years and beyond...

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 Posted on January 23, 2014 in Divorce Decree Modification

Lives change from day to day, month to month, and year to year. Often, what was good or beneficial at one point in life no longer holds the same significance later. Circumstances occasionally arise in which a divorce decree needs to be modified in order to better comport with current living situations.

The Law

An order for child support can be modified upon a showing of substantial change in circumstances. If there is no substantial change in circumstances, then the party receiving the benefits must demonstrate an inconsistency between the amount of the existing order and the amount as determined by the guidelines set forth in 750 ILCS 5, Section 505, unless that inconsistency is the result of a deviation from the guideline amount. This provision, however, only applies if a party is receiving child support enforcement services, and only if at least 36 months have elapsed since the order or last modification. There may also be a modification without showing a substantial change in circumstances, if a need can be shown to provide for the needs of the child's health care through health insurance or other means.

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 Posted on January 15, 2014 in Same-Sex Marriage

This June, Illinois same-sex couples will be able to marry pursuant to a bill passed by the Illinois General Assembly in November. While this public act treats all couples the same for the purposes of state law, married same-sex couples still have unique legal issues to consider.

When a same-sex marriage ends, obtaining divorces may prove problematic for Illinois couples who leave the state after their marriages end. Today, at least 16 other states, the District of Columbia and the federal government will recognize same-sex marriage from Illinois. However, if a couple married in Illinois moves to a state that doesn't recognize same-sex marriage, they may be unable to divorce. These couples may have to establish residency in a state that recognizes gay marriage in order to divorce.

Same-Sex Couples Can Help Themselves Pre-Marriage

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 Posted on January 08, 2014 in Premarital Agreement

Premarital agreements have a bad reputation. People associate premarital agreements with a lack of commitment or as only appropriate for the very wealthy. But in reality, premarital agreements can provide stability and security to any marriage – regardless of financial situation. While Illinois' divorce rate is somewhat lower than the national average, divorce is still common. If you live in Illinois and are contemplating marriage, consider whether a premarital agreement might be right for you.

A premarital agreement – also known as a prenuptial agreement or a “pre-nup” – is a written agreement between two prospective spouses in contemplation of marriage. Once signed by both parties, it becomes effective upon marriage.

• Which party is responsible for debts and liabilities, such as a mortgage, that accrue during marriage;
• Each party's right to use, rent, sell, transfer or encumber property;

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