Posted on February 25, 2021 in Child Custody

In today’s world, most divorces are settled in some sort of amicable fashion. As the understanding of family, child, and adolescent psychology has evolved in the past couple of decades, family courts have increasingly advocated for couples to settle their issues in agreement with one another, which can lessen the burden on everyone. Unfortunately, however, not everyone is able to do this. Some couples end up in contentious situations that breed resentment that follows them into their post-divorce life.

Child-related issues such as parenting time and parental responsibilities are very emotionally driven topics that are often the cause of disputes after the divorce is final. Sometimes, a parent can take a dispute to the extreme and begin to interfere with the court-ordered parenting plan, which causes even more stress for the family.

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 Posted on February 23, 2021 in Asset Division

When going through the divorce process in Illinois, couples typically focus on how to divvy up assets they acquired during the marriage. Less attention is paid to the financial obligations the parties incurred since the wedding date, so debt in divorce is often overlooked. In particularly contentious cases, bitter disputes and court battles may erupt as one spouse attempts to hold the other accountable for the amount due. Even if you are on relatively good terms, marital debts can often stand in the way when you are trying to reach an agreement on distributing real estate and personal property.

It is always wise to rely on experienced legal counsel when addressing divorce-related issues, so you should consult with an attorney about your specific circumstances. However, an overview of Illinois law may help you understand the basic concepts.

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 Posted on February 19, 2021 in Divorce

Divorce can be a particularly expensive legal endeavor, especially for couples who already have complicated finances. When a couple or one of the spouses is struggling with debt, the costs of divorce can be incredibly difficult to bear. Many people benefit from pursuing debt relief through bankruptcy around the time of their divorce, but if this is something you are considering, you should understand how the timing of your filings can affect your finances and the divorce process.

Timing Your Divorce and Bankruptcy Filings

Some couples choose to file for bankruptcy together before beginning the divorce process. One benefit of doing so is the ability to share bankruptcy fees and costs with your spouse. Filing for bankruptcy before divorce can also help to simplify the division of marital assets and debts, especially in the case of Chapter 7 bankruptcy, through which certain assets are liquidated in exchange for the discharge of debt. Having a more clear understanding of where your finances will stand after bankruptcy can lead to a more equitable distribution.

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 Posted on February 03, 2021 in Child Custody

After the divorce process has been initiated, one of the most difficult things for parents to adjust to is the change in their parenting schedules. Instead of seeing and spending time with your child every day, you might only be spending a few days with your child each week. For many parents, this can feel as if they never get to spend enough time with their children. One option that can help a divorced parent spend more time with their children is including a clause known as the right of first refusal in the parenting agreement. An Illinois family law attorney can help you draft a parenting plan that includes this provision.

What is the Right of First Refusal in a Parenting Plan?

The right of first refusal means that when one parent is unable to take care of the child during their scheduled parenting time, they are to first check with the other parent to see if they would like to care for the child before making alternative child care arrangements. The idea behind this is to allow both parents to spend as much time with their children as possible rather than resorting to another option, and in some cases, it may even help parents save on child care costs.

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 Posted on January 27, 2021 in Child Custody

In many divorces, the most contentious issues tend to be those involving the children. Both parents are usually concerned with protecting their rights, and it is not uncommon for parents to disagree on issues such as the allocation of parenting time and decision-making responsibilities. Even after the dust has settled, these disagreements can be dragged up again and get even more heated when one of the parents requests a modification to the parenting plan because of their intention to relocate with the children. If you are opposed to your former spouse’s relocation, you may have options to prevent it from happening.

Prior Notice of Relocation Must Be Provided

If your ex-spouse wants to move from their current residence to a new residence and take your children with them, they are not always able to do so without your permission. In some cases, a parent’s move is considered a relocation, which requires certain prior documentation and notice to the other parent before the relocation can take place. A notice must be provided to you prior to the relocation if the other parent’s new residence will be:

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 Posted on January 20, 2021 in Asset Division

For every divorcing couple, there will always be at least one issue that is likely to be contentious and cause issues during negotiations. For some couples, issues involving the children, such as the allocation of parenting time and parental responsibilities, can cause tension and difficulty. For others, the asset division process can be this source of tension. The financial side of divorce is extremely important to pay attention to, as it can greatly affect your individual finances for years into the future. Some people may even go as far as to attempt to hide certain assets from their spouse in the hopes that the asset will not have to be split upon divorce. Purposefully concealing income and other assets from your spouse during a divorce is illegal and can prevent a fair distribution of marital assets.

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 Posted on January 13, 2021 in Divorce

If someone were to ask you right now how much money you would need each month to live comfortably, do you think you could give them an accurate number? Most people have no idea how much money they actually need to survive each month or how much they actually spend, even if they do have a budget. However, when you go to get a divorce, it is important to have an idea of your spending habits and financial needs, as it will be one of the questions that your attorney will bring up when discussing issues including spousal support and asset division. Most of the time, people will significantly underestimate or overestimate what they actually need to live a comfortable life or to maintain the lifestyle that they had during their marriage. A lifestyle analysis can help to ensure that you are prepared for life after your divorce is final.

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 Posted on January 06, 2021 in Family Law

In most situations in which a child’s parents are not married or in a relationship, there will be some type of formal custody agreement detailing the rights and responsibilities of each parent, including the allocation of parenting time between them. Both parents have a legal obligation to financially provide for their child, whether or not they are the parent who is required to pay child support to the other parent. Most often, the parent with less parenting time is the one who pays support, the amount of which is determined by a formula that considers income and other factors. There are a number of reasons why a person may not make their child support payments, which can be extremely frustrating and financially straining for the other parent. If your child’s other parent is behind on child support payments, an Illinois child support enforcement lawyer may be able to help.

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 Posted on December 29, 2020 in Spousal Maintenance

Even in today’s world where a two-income household is becoming more of the norm, it is not uncommon to come across a family in which one parent works while the other stays at home to take care of the children. This may work during the marriage, but if the couple were to ever get a divorce, the stay-at-home parent could be at a significant financial disadvantage. In these types of situations, spousal support, also known as spousal maintenance or alimony, is sometimes awarded to a lesser-earning spouse to help them become self-sufficient and to ensure they are able to enjoy a similar standard of living that they enjoyed during the marriage. 

How Long Does Spousal Support Continue?

The terms of a spousal maintenance award, including the duration of the payments, can differ from case to case depending on a variety of factors. However, there are a few situations in which spousal support will almost always automatically terminate:

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 Posted on December 23, 2020 in Asset Division

Getting a divorce often makes people feel like they are diving into the great unknown. From the moment you and your spouse make the decision to split up, there are many changes that should be anticipated. Some of the biggest changes that take place during a divorce have to do with your finances and how your assets are distributed. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) states that each spouse is supposed to get an equitable share of the marital estate, which may not always work out to be an equal share. However, when it comes to certain assets, such as those obtained through an inheritance or family wealth, property division can become tricky because each situation is different from the next.

Determining Your Marital and Non-Marital Property

Prior to actually dividing any of your property, your attorney will want to determine which of your properties are marital assets and which are non-marital assets.  According to the IMDMA, in general, any asset acquired by either spouse prior to the marriage is considered to be non-marital property that is not subject to division during a divorce. Any asset that is acquired by either spouse during the marriage is considered to be marital property, which is subject to division during a divorce. There are a few exceptions to the marital property rule, however. Assets that are obtained during a marriage can be considered non-marital property if the asset:

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