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July 2015 Archives

Significant Changes to Family Law in Illinois

The Illinois Marriage and Dissolution of Marriage Act (IMDMA), which governs marriage, divorce, custody, and support in Illinois, is undergoing a major overhaul. Senate Bill 57, which was passed on May 31 and approved by the governor on July 21 of this year, will go into effect on January 1, 2016 and has major implications for many aspects of Illinois family law.

Moving with Children After Divorce

After a divorce, one's life changes in many ways. In addition to learning a new dynamic with an ex-spouse, it often requires learning a new dynamic with children. For many people, part of adjusting to these changes is relocating. Sometimes people relocate to be closer to family or to begin a new career. Sometimes relocation helps to "start over" or seek new opportunities in a new place, and sometimes those new opportunities are out-of-state. Those looking to relocate out of state with children have a hurdle between themselves and a big move--they are required to get an order of removal.

Custody and Visitation Across State Lines

Going through a divorce and dealing with custody and visitation can be challenging. Parents are navigating a new family dynamic, which includes learning to co-parent with their former spouse and learning to adapt to splitting time with their children. Those challenges become even more complex when a parent and child relocate to a different state.

How Does Spousal Maintenance Work?

A major concern of anyone who is considering divorce is how a divorce will impact their finances. In one way or another, people have shared finances during their marriage. They may wonder how they will afford their rent, car payment, or health care expenses without a second income. In some cases, if one spouse has given up educational or career opportunities, and relied on the career and income of the other spouse, he or she may wonder how they can afford to re-enter the workforce and pay their expenses to maintain their standard of living. Alimony, or spousal maintenance, can provide some financial stability in the wake of divorce.

Fault-Based Divorce in Illinois

Marriage is a right enjoyed by millions of Americans. Many young people look forward to the day when they will get married, and thanks to a recent Supreme Court decision, the right is now available to more United States citizens than ever. Unfortunately, not all marriages remain "happily ever after," and many marriages end in divorce. In Illinois, there are a number of grounds based on which someone can petition a court to dissolve his or her marriage.

What Do Orders of Protection Do?

If someone is in a dangerous relationship or is a victim of domestic violence, their primary concern is making sure that they and their children are safe. There are many ways to achieve safety, and one option available for victims to achieve safety is through the use of an order of protection.

Visitation and Custody Challenges

Navigating custody and visitation after divorce can be difficult. A family often needs time to get used to a new structure and a new way of interacting with each other. While it can be challenging for parents to learn how to co-parent under this new familial arrangement, it can also be challenging for children to adapt. Sometimes, children reject visitation or custody arrangements - they refuse to leave one parent or stay with the other.

Property Division Without Divorce: Postnuptial Agreements

When people consider planning for property division in advance of a separation or divorce, they generally consider prenuptial agreements. However, while The Wall Street Journal has reported an increase in prenuptial agreements since 2010, not all couples take that step before marriage. Couples who decided against a prenuptial agreement but had circumstances change or just wished that they had written down certain income or asset protections have the option of signing a postnuptial agreement. 

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The Stogsdill Law Firm, P.C.
1776 S. Naperville Road - Building B, Suite 202
Wheaton, IL 60189

Phone: 630-690-6077
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