Posted on January 10, 2023 in Domestic Violence

Sadly, domestic violence is something that takes place in so many families. Navigating emotionally turbulent situations like dealing with a divorce or issues related to your children can quickly bring out the worst in people and result in hazardous conditions. That being said, just because someone is going through a stressful time does not give them the right to commit acts of domestic violence. The safety of yourself and your children is the most critical thing; therefore, if you believe you are at risk of experiencing domestic violence or have experienced it, reach out to an attorney to set up an order of protection. 

Be advised that orders of protection are not one-size-fits-all. Different orders of protection pertain to certain situations. In this blog, we will look at emergency and plenary orders to understand how they differ from each other and whether a plenary order of protection is correct for you and your situation.

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 Posted on January 05, 2023 in Divorce

The distribution of marital property is usually among the most contentious areas of divorce proceedings. Not only can it get very complex, but people often have strong opinions about what is theirs and what is their spouse’s. In the State of Illinois, the law follows something called equitable distribution, which means that any marital assets involved in divorce proceedings are not required to be split 50/50, but must be split fairly. There comes a time in divorce proceedings when a legal ruling will be made regarding the property division. 

Once the court hands down a judgment regarding property division, the matter is considered settled. Or is it? In Illinois, there are options for individuals interested in appealing a property division judgment. However, the process for such decisions is rigorous and often requires highly competent legal counsel to appeal a property division judgment successfully. For example, suppose you are interested in appealing a property judgment. In that case, it is strongly recommended that you hire legal counsel knowledgeable in the appeals process so that your appeal can succeed. 

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 Posted on January 03, 2023 in Child Support

When most people think of child support and the associated responsibilities, they believe parental responsibility ends when their child turns 18 or graduates from high school. However, this is not necessarily true. Many parents continue that support through court-ordered child support payments requiring them to assist their child pay their college tuition. In Illinois, this is very common and is generally referred to as support of non-minor children for educational expenses. In most cases, a judge will issue this order based on the parent's financial situation and whether they can contribute to their child's college fund. 

If you are a parent and are interested in whether you and your ex-spouse could be required to contribute to your child's college expenses, consider contacting an experienced family law attorney who can help guide you through the process of ensuring you can develop a plan to help support your child so they can receive a college education

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 Posted on December 31, 2022 in Family Law

As the saying goes, “Hope for the best but prepare for the worst.” In essence, that is precisely what a postnuptial agreement is. Like a prenuptial agreement, postnuptial agreements are important legal documents illustrating how a couple’s marital assets will be split if their marriage ends in divorce or death. However, the difference between a prenuptial agreement and a postnuptial agreement is that postnuptial agreements are created after the marriage has already occurred. In this blog, we will examine three considerations when considering a postnuptial agreement.

If you are interested in creating a postnuptial agreement, do not hesitate to contact a knowledgeable attorney who will ensure your rights remain protected and respected throughout the process and that your best interests are always placed at the forefront of all decisions made. 

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 Posted on December 26, 2022 in Child Custody

When spouses with children decide to get a divorce, one of the most pressing matters that needs to be sorted out is how to ensure the divorce affects the children’s life to the least extent possible. As a result, determining parental responsibilities and parenting time becomes a critical issue, as children generally benefit from having both parents in their lives compared to only one parent being involved. In Illinois, a parenting plan becomes an essential legal document, usually created through collaborative methods, such as negotiation and mediation, signed by both parents and enforceable by law. In some cases, the parenting plan may be issued via court ruling if the parents cannot create it themselves. Regardless of how the parenting plan is completed, the legally binding plan will map out the parenting time schedule and which parent is responsible for making certain decisions regarding their children. 

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 Posted on December 21, 2022 in Divorce

People may be surprised to learn that Illinois Family Law encompasses more than divorce, but also includes annulment and prohibited marriage as well. Depending on the circumstances of your marriage, your marriage may qualify for an annulment on the basis that you entered into a prohibited marriage. Since family law can be challenging, strongly consider consulting with an experienced Illinois family law attorney so that any questions regarding your marriage can be answered and, if necessary, you can lawfully exit the marriage. 

Difference between Divorce and Annulment

It is essential to understand that divorce and annulment are separate. In Illinois, an annulment means that the marriage was never valid in the first place. Therefore, the court treats the marriage as if it never actually occurred. Understand that the annulment of a marriage is not a legal separation but rather a way for two people with an invalid marriage to depart the marriage lawfully. For a marriage to be declared invalid in Illinois and thus qualify for an annulment, a Declaration of Invalidity can be filed by either partner in the invalid marriage, an attorney for the state, a child of either party or the legal spouse when a bigamous marriage has taken place. Bigamous marriages are when someone enters a marriage while legally married to someone else. 

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 Posted on December 20, 2022 in Child Support

Losing your job and reliable source of income can turn the world of even the most financially savvy person upside down. This is especially true if you have recently gone through a divorce and have child support payments that need to be kept up with. If you have lost your job, you are likely wondering how you will be able to keep up with these payments. Fortunately, under challenging periods such as after a job loss, it is possible to modify monthly payments so that you can keep up with payments and provide for your children. If you have lost your job and want to inquire about modifying child support payments, contact a knowledgeable attorney to help you through the modification process to ensure your and your child’s needs are protected.

What is the Law in Illinois Regarding Child Support Modifications? 

In Illinois, when a couple with children goes through a divorce, the law stipulates that modifications can be made to child support payments if either spouse experiences a significant change in income, such as losing their job or an involuntary decrease in their salary. The court will examine your updated circumstances and then may move forward with granting a reduction in child support payments. Notably, the newly calculated payments will be retroactively established on the date you requested the modification of your child support payments. During this time, payments must continue to be made at the original level. Once the child support modifications have been approved, you can begin paying the new amount. 

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 Posted on December 15, 2022 in Property Division

Credit card debt is an issue for so many people across the United States. You may be shocked to learn that in 2021, a typical American's average amount of credit card debt was $5,525. If not taken care of proactively, credit card debt can significantly hinder people financially. Sometimes, debt may be carried for years and become a tremendous burden.

While credit card debt is an issue for most Americans, it becomes an even bigger issue in the event of divorce. If you and your spouse are pursuing a divorce, you may be interested in what happens to credit card debt. If you are getting a divorce and are concerned about how credit card debt will be handled, consider contacting a knowledgeable Illinois divorce attorney who will ensure your rights remain protected throughout the divorce process. 

How Is Credit Card Split in Illinois Divorce? 

Understand that if the credit card debt were acquired during the marriage, the creditor would likely cite you and your spouse as the party responsible for it. On the other hand, if either spouse incurred the debt before they became married, the debt is likely to be considered personal debt and must be paid for by whoever bought the items.

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 Posted on December 13, 2022 in Child Custody

When spouses decide to pursue a divorce, various issues must be resolved before the divorce is finalized. This is especially true if the divorcing parties have children. To ensure that their children can still enjoy as normal a childhood as possible with the involvement of both parents, parents often elect to create a comprehensive parenting plan which acts as the blueprint for how they plan to parent their child or children once the divorce is finalized.

In Illinois, parents have 120 days from filing a petition for the allocation of parental responsibilities to submit a comprehensive parenting plan to the court. Parents may elect to submit a parenting plan jointly or separately. Within this parenting plan exists a schedule for parenting time. Many different variables must be considered when figuring out how to determine the best parenting time schedule. To help ensure the creation of a parenting schedule is as smooth as possible, consult with an experienced Illinois parenting time attorney who can help ensure the process of creating a valid parenting schedule goes as smoothly as possible. 

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 Posted on December 09, 2022 in Property Division

Few people know how challenging and complex the financial side of a divorce truly is. There are so many financial considerations that need to be made when a divorce is taking place. If the divorcing parties have children, which parent will pay child support? Or how will the distribution of marital property be handled? All of these financial questions and more arise when going through a divorce.

During divorce proceedings, an incredibly challenging subject and often an area of contention is whether each spouse is truthful regarding financial information. The situation can become even more complicated if one spouse acts in a way that causes financial harm to the other. For example, suppose you are getting a divorce and believe your spouse is recklessly indulging themselves in expenditures unrelated to the marriage, like using money to fuel a gambling or drug addiction. In that case, you may be able to file for a dissipation of assets claim. To understand how to proceed while ensuring your rights and best interests are protected, contact an experienced divorce attorney who has worked with cases where the dissipation of assets was a factor during divorce proceedings.

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