Posted on July 10, 2023 in Child Custody

Child custody battles can be emotionally and legally challenging for all parties involved. It is a common misconception that Illinois courts automatically favor mothers in custody proceedings. While historically there may have been a preference for maternal custody, modern legal practices prioritize, first and foremost, the best interests of the child. Today, we will explore the factors Illinois courts consider when determining custody arrangements while also debunking the idea of a “mother bias.” Work with your attorney to learn more about what you can do to ensure you have a favorable chance at receiving the custody arrangement most desirable to you and best for your child. 

Legal Standards and Considerations

First, courts in Illinois do not care what the gender of the parents is when determining custody arrangements. Instead, the guiding principle behind all decisions relating to children is what is in their best interests. Courts evaluate a variety of factors to reach a fair and just decision, including parental caretaking, history of abuse or neglect, the mental and physical state of each parent, as well as the child’s educational and day-t0-day needs.

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 Posted on July 06, 2023 in Divorce

One of the key aspects of filing for divorce in any state is meeting the residency requirements. In Illinois, these requirements determine whether you have a legal basis for filing for divorce in the state. Understanding the residency requirements is crucial to ensure a legally binding divorce. Today, we will delve deeper into the specific residency qualifications for Illinois, as well as other criteria required for divorce in the state, and how a divorce attorney can benefit you as you begin this important process. 

Residency Requirements for Divorce in Illinois 

Here is what you need to know, including:

• Residency duration – To file for divorce in Illinois, either you or your spouse must have lived in the state for at least 90 days preceding the filing. This means that the divorce can be initiated within the state as long as either spouse meets the residency duration requirement.

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 Posted on June 30, 2023 in Divorce

A divorce case can be a complex and emotional affair, particularly if there are disagreements over important issues like property division, alimony, child custody, and more. Sometimes, parties involved in divorce proceedings are unable to come to a mutual agreement about certain issues; therefore, it may be necessary to present or question witnesses to determine important factors of the case. It is essential to understand what situations, in particular, may warrant testimony from a witness. If you think witnesses may be relevant to your case, discuss with your divorce attorney whether witness testimony may help or detract from your goal of obtaining a favorable case outcome.

Witness Testimony in Divorce Cases

Here are some examples of when witnesses may be relevant to a divorce case, including:

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 Posted on June 26, 2023 in Divorce

In the state of Illinois, both parents are generally entitled to access and visitation rights under family law. Unfortunately, there are circumstances where a parent’s right to visitation can be revoked when it endangers the welfare and safety of the child. If you are currently the custodial parent of a child and believe the non-custodial parent is a threat to the best interests of the children involved, contact a child custody attorney right away to understand your legal options at this time. Your attorney will help ensure steps are taken to safeguard the well-being of any children involved in the situation.

Reasons Why Visitation Rights Could Be Revoked

Such examples may include the following:

• Child abuse and neglect – If a parent or any party living with the parent is abusive to the child, either mentally or physically, this will likely be seen as a reason to revoke visitation rights. Abuse or neglect can manifest in many ways, such as physical or emotional abuse, starvation, psychological abuse, and more. Any of these examples will likely prove to the court that the abusive parent is unfit to maintain their parental rights.

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 Posted on June 22, 2023 in Alimony

In Illinois, divorce decrees are legal documentation of a divorce settlement that provides both parties with an agreement on how they will divide their assets and debts and decide issues such as child custody, child support, and spousal maintenance. When a divorce decree is established, the terms set out within it serve as the legal outline of how the obligations of either party to the agreement will continue. One such of these obligations is spousal support, which is affected by remarriage in Illinois.

To ensure you understand how your divorce decree will be affected by you or your spouse remarrying, contact an experienced divorce attorney to ensure you completely understand the ways a remarriage will affect your divorce decree.

What You Need to Know About Spousal Support and Remarriage

When a receiving spouse remarries in Illinois, both spousal support and maintenance obligations end based on statutory stipulations. If the paying spouse remarries, their obligation to send alimony to their ex-spouse does not end. A receiving spouse in Illinois is expected to promptly and diligently notify their ex-spouse of their marriage. In cases where someone receiving payments gets remarried and fails to notify their ex-spouse, the paying spouse may be entitled to reimbursement of spousal support obligations once they are made aware of their ex-spouse's remarriage.

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 Posted on June 20, 2023 in Child Support

If you have lost your job in Illinois and are currently paying child support, you may be wondering if you are still required to make those payments. Ultimately, losing your job does not automatically stop or reduce your child support obligations. However, there are steps you can take to modify your child support order with the court. If you are seeking legal assistance with this matter or other issues related to divorce or family law, contact a child support attorney today for assistance with requesting a modification of your child support order.

What You Need to Know About Modifying Child Support Orders

One of the key factors involved in determining child support payments is the income of the paying parent. If you have lost your job, your income has likely changed significantly, and it may be difficult or impossible to continue to make the same payments. In Illinois, you can petition the court to modify your child support order if a significant change has taken place, such as losing your job.

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 Posted on June 13, 2023 in Divorce

In Illinois, when a small business owner goes through a divorce, it can be a complicated and stressful situation. This is because a divorce involves dividing assets, and a small business is often a significant asset that must be adequately accounted for during the process. If you are a small business owner getting divorced, contact a divorce attorney and allow them to guide you through the process of dividing your property and what it may or may not mean for your business. 

This is What Business Owners Need to Know

Here are some things that business owners need to do and be aware of as they approach their divorce:

• Determine the value of the business – The first thing that needs to be done is to determine the value of the business. This is done by conducting a business valuation, which considers factors such as revenue, assets, and liabilities. It is essential during this time to have the help of a qualified business valuer during this process to ensure that the value is determined accurately. 

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 Posted on June 12, 2023 in Divorce

A divorce can be a strenuous emotional and financial journey for couples. If children are in the family unit, their welfare and future become a primary concern for divorcing parents. As a result, creating a comprehensive parenting plan, also known as a parenting agreement, is essential to providing stability and peace for all parties involved in the Illinois divorce process. Furthermore, a parenting plan establishes guidelines for child custody, visitation schedules, and other important decisions. A parenting plan is a blueprint detailing each parent’s roles and responsibilities while keeping the children’s best interests at the forefront. 

If you need assistance building a robust parenting plan, contact a divorce lawyer familiar with the process and what creating a successful parenting plan may entail.

Cooperative Co-Parenting

Through a parenting plan, cooperative co-parenting can be achieved, providing a foundation of stability and security for the children moving forward. When both parents work together, especially after their marriage has ended, it will help the children involved to transition between parenting environments more easily without feeling any drastic interruptions. It also ensures that the child’s needs are met and that their schedules, routines, and activities are consistent between households. The key is mutual respect and open communication within the framework of the parenting plan. 

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 Posted on June 06, 2023 in Divorce

With any divorce, emotions can run very high. In some cases, a spouse may flat-out refuse to sign any papers related to the divorce. This may come from their belief that refusing to sign will result in the matter being put to rest. However, this is not the case. In Illinois, there are solutions if your spouse refuses to sign divorce papers. In any event, contact an experienced divorce attorney right away to discuss your legal options. 

What to Do if Your Spouse Refuses to Have Any Part in the Divorce Process

It is essential to be aware that in Illinois, you can file a petition for the dissolution of your marriage, even in cases where your spouse refuses to consent or sign any papers. Once you have filed the petition, your spouse will be served and will then be able to file an answer to your petition. Your spouse will need to respond to the petition within 30 days. If they fail to meet the 30-day deadline, you will be able to file a motion for default. 

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 Posted on June 05, 2023 in Divorce

Pets are important members of families, and when a marriage ends in divorce, deciding who gets “custody” of the beloved family pet can be a difficult issue for couples to work out. In Illinois, pets are generally treated as property in the context of a divorce. This means that the court will consider the same factors that it would consider when dividing other marital property. However, unlike other properties, pets are often seen as family members, and the court may consider this when making its decision.

In Illinois, all property a part of the marriage, also known as marital property, shall be divided in a manner that is reasonable to both divorcing parties. This means that the court, when deciding how to split marital property, will look at many things, including the length of the marriage, the impact each spouse has had on the marital estate, and the economic circumstances of each spouse. To ensure you understand what your divorce will entail, hire the services of a qualified divorce attorney to understand all matters pertaining to the divorce, including how custody of your pet will likely be decided. 

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