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 08, 2022 in Child Custody

Divorce can be quite costly, both financially and emotionally. This is especially true if you and your spouse have children. In addition, divorce can be challenging and confusing for children, who are too young to understand the complex nature of adult relationships. Therefore, to minimize the effect of a divorce on children, understanding their needs is essential to help ensure the process is as least traumatic as possible.

You may have heard of "guardian ad litem" and "child representative." However, have you ever heard of a child specialist? This blog will explain what a child specialist is and how they may be helpful in your divorce case. If you are getting a divorce and have one or more children, contact an experienced Illinois divorce attorney to learn how best to protect your children during the divorce process.

Defining Guardian Ad Litem, Child Representative, Child Specialist, and Understanding Their Differences

A guardian ad litem is a lawyer chosen by the court to represent the child. He or she examines any allegations made during the divorce proceedings that pertain to alleged parenting problems during the marriage. They may be required during the proceedings to testify or submit a report to the court in which they detail their recommendations for how best to proceed in the child's best interests. Guardian ad litem may investigate alleged domestic abuse, drug abuse, parenting insufficiencies, and more.

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 Posted on November 21, 2022 in Divorce

In the early stages of divorce proceedings, the petitioner, or the party who files for divorce, must submit a Petition for Dissolution of Marriage. The individual who is served divorce papers, also known as the respondent, is then given the opportunity to reply to the divorce petition and participate in the divorce proceedings. During this period, the respondent may take issue with some of the petitioner's choices concerning matters such as the division of marital property, child custody, or other matters. The petitioner and respondent can negotiate terms to try and reach a settlement with help from their attorneys.If a settlement cannot be reached, the divorce case then progresses to a trial where a judge will handle unresolved issues.

However, what happens if the respondent relinquishes their opportunity to partake in the divorce, refuses to respond, or cannot be located? In this situation, the court can choose to enter something called a default judgment. If you are getting a divorce and have reason to believe your spouse may not be willing to participate in the proceedings, do not hesitate to contact an experienced divorce attorney who has knowledge of divorce cases involving default judgments.

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 Posted on November 17, 2022 in Divorce

No matter how long spouses have been together, getting a divorce can be painful and rife with emotional anguish and sadness. For most marriages to succeed, a foundation of trust and honesty must be adhered to by both spouses. Unfortunately, trust and openness can rapidly erode when a marriage breaks down and the possibility of divorce is brought to the table.

Aside from the emotional implications, the financial consequences of a divorce can be challenging to deal with and accept. In essence, marriage is a financial partnership. As a result, when divorce proceedings begin and finances need to be distributed, people may resort to hiding assets from their spouse to prevent them from falling into their spouse's hands.

If you are getting divorced and believe your spouse may be hiding assets, consider hiring an experienced divorce attorney with knowledge and experience in forensic accounting. This service can be implemented to identify assets your spouse may be hiding from you. When you have a Wheaton, IL divorce lawyer who truly cares about your financial future, you are more likely to receive a fair divorce settlement.

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 Posted on November 15, 2022 in Divorce

The dissolution of a marriage can be an arduous process, both emotionally and financially. When most people think of divorce, they think of a bitter, contentious process. What if there was another way to end a marriage on more amicable terms? As it turns out, there is another way spouses can end their marriage that does not end if lifelong scars for both parties.

If both parties feel as though they are capable of working with each other, then a collaborative divorce may be possible. Collaborative law is a kind of dispute resolution that takes place outside the courtroom, where the parties cooperate to reach a mutually acceptable agreement. If you and your spouse are seeking divorce and believe you can work together, consider consulting with an attorney familiar with collaborative divorces.

What is a Participation Agreement?

To begin the collaborative divorce process, both parties must retain a collaboratively trained attorney and agree to and sign a legally binding contract referred to as a Participation agreement contract. This document commits each party to resolve the dispute according to collaborative principles and guidelines. The settlement will remain the primary objective since the attorneys are hired on their ability to facilitate an acceptable settlement proposal.

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 Posted on November 10, 2022 in Divorce

Getting a divorce can have lifelong implications for your life and your ex-spouse's life. If you are getting a divorce, you may be concerned about the financial consequences a divorce will have. Divorces can be costly, but what about after the divorce is finalized? You may be wondering, especially if your spouse is a higher earner than you, whether you qualify for alimony, also known as spousal maintenance in Illinois.

If you are getting a divorce and are curious whether you are eligible for alimony payments, consult with a knowledgeable divorce attorney to discuss your options moving forward.

How Do You Know if You Qualify?

The idea behind alimony, support payments paid from one spouse to the other after a divorce, is to prevent one party from experiencing excessive financial difficulty due to their divorce. The lower-earning spouse receives monthly payments from the higher-earner spouse.

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 Posted on November 08, 2022 in Divorce

The process of divorce can be excruciatingly painful. This is someone you once had tremendous feelings for, and knowing your relationship is coming to an unfortunate end can be a terribly sad experience. No matter how long you and your spouse were together, getting a divorce can be daunting for many different reasons. If you are considering divorce, consult an experienced attorney to ensure your rights are protected and your best interests are put first.

What Makes Divorce Unique in Illinois?

As of January 1, 2016, Illinois officially became a state where irreconcilable differences are the only grounds for a divorce, which means that you do not need to prove that your spouse is at fault for the disintegration of the marriage.

Notably, the court will not consider misconduct accusations when deciding how to divide property or reward spousal maintenance. However, the court will listen to a spouse's child-related concerns when it comes time to figure out how best to allocate parenting time and other essential parental responsibilities.

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