Posted on June 28, 2022 in Divorce

For some people, the initial shock of finding out their spouse committed a crime that landed them in an Illinois jail is a divorceable offense the first time it happens. Others may have given a spouse chance after chance and finally cannot take their behavior any longer. For victims of domestic violence, jail time may also offer an opportunity to finally escape the jailed abuser without fear of reprisal. Whatever the situation may be, having a spouse in jail can be overwhelming and divorce is often a natural consequence.

Do I Have to Wait For My Spouse to Get Out of Jail to File For Divorce?

You do not need to prove that your spouse was at fault to get divorced in Illinois and whether your spouse is in prison does not affect whether you can file for divorce. In fact, in some ways it may be easier to file for divorce because the spouse's location is known and it is easier to serve divorce papers. You must include your spouse's inmate number, which you can find on the Illinois Department of Corrections website, on your divorce filing. Make sure you pay any filing and serving fees and get confirmation that your spouse received the papers.

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 Posted on June 23, 2022 in Divorce

Married couples in Illinois must navigate a complex variety of issues to keep a marriage healthy and happy. In addition to financial concerns, raising children, managing careers, and running a household, couples must also try to maintain a close sexual and emotional relationship. Unsurprisingly, sex is one of the issues couples most often experience conflict over. If the issues are serious enough, disagreement about sex can lead to divorce.

In some cases, issues around sex are present from the beginning of the relationship. Other times, they take years to develop and only become existentially threatening after a variety of treatment methods have been exhausted. If you are in a sexually dysfunctional marriage and are wondering whether you are justified in seeking a divorce, know that some people in your situation have decided that a lifetime of sexual dissatisfaction is a good enough reason to end a relationship while others have decided to stay married. The right choice for you will depend on many factors. However, knowing more about your legal options may help you feel empowered to make a decision.

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 Posted on June 21, 2022 in Child Custody

Getting sole custody of a child is difficult in Illinois and many fathers who have tried would argue that it is even more difficult if you are not a child's mother. Judges are reluctant to keep a child away from a parent without a compelling reason, and although many parents dislike their ex's parenting style, few behaviors are serious enough to warrant giving full parental responsibilities and parenting time to just one parent.

In genuine cases of abuse or neglect, Illinois courts can and do restrict the abusive parent's access to a child, either by heavily limiting contact or curtailing it entirely. Yet the difficulty of bringing such a case before a judge should not dissuade fathers who are concerned their children are suffering. If you find yourself wondering whether you may be able to get full custody of your children in Illinois, read this blog and then contact a custody modification attorney who can help.

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 Posted on June 14, 2022 in Divorce

The decision to get an Illinois divorce after discovering a spouse's infidelity can often be as heartbreaking as finding out about the cheating itself. In addition to the feelings of confusion, hurt, betrayal, and loneliness, you may also begin feeling guilt, sadness, and self-doubt. And of course, infidelity breeds distrust and contempt, making it difficult to work collaboratively during the divorce process.

While all of these things are difficult, the unfortunate truth is that, in Illinois, infidelity generally does not have an impact on divorce proceedings. This can feel extremely unfair to the party who was faithful, especially if that party ends up paying the cheating spouse alimony or child support. But while the divorce may not be affected by the infidelity in and of itself, certain behaviors commonly associated with cheating during a marriage can affect parts of the divorce process, giving the spouse who has been cheated on some relief.

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 Posted on June 09, 2022 in Divorce

While divorce is not easy for a separating couple, children can become the unfortunate catch-all for the more serious negative consequences of divorce. Lacking understanding and context, children often suffer the impact of parents who disagree about child support, custody arrangements, or who simply use the children as a proxy to fight out their personal differences.

When parents are diametrically opposed in their wishes regarding what should happen with the children, or when accusations of abuse and neglect have been made, a court may appoint an independent third party to investigate the situation more closely to determine what would be in a child's best interests. This person is called a guardian ad litem. Finding out a guardian ad litem will be involved in your case can be uncomfortable; you may like you have done something wrong or that you are under close supervision. However, guardians ad litem are common in contested parenting cases and understanding their role is an important part of making the investigation go smoothly.

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 Posted on June 07, 2022 in Divorce

The state of Illinois determines child support payments using a strategy known as the “income shares method.” Because so many children have parents who both work, the income shares method effectuates the most practical child support payments by taking both parents' incomes into consideration.

For parents who are W2 employees, calculating child support is fairly straightforward. When one parent or both parents are self-employed, however, there can be some questions when determining a parent's true income - and whether that full income is being disclosed during divorce.

Who is Considered Self-Employed?

Self-employment is very common, especially because so many people work part-time in the so-called “gig economy.” Jobs that are considered self-employment include, but are not limited to:

• Sole proprietorship businesses

• Business partnerships

• Independent distributors

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 Posted on June 02, 2022 in Divorce

Couples seeking a divorce in DuPage County, IL often have a difficult time reaching an agreement on important issues like property division and child custody. Although couples are encouraged to resolve their differences themselves outside of court, the nature of divorce makes it very difficult for most couples to do so. When a couple cannot achieve compromise and the divorce process has already begun, the judge presiding over the case may appoint a mediator at the couple's expense.

As with any situation in which a mediator is involved, the goal is to reach a dispute resolution that is satisfactory to both parties. However, a court-appointed mediator has its limitations and couples often find that a private mediator suits their purposes more appropriately. If you are getting divorced and want more information about divorce mediation in Illinois, read this blog and then contact an experienced family law attorney-mediator who can help.

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 Posted on May 25, 2022 in Divorce

Although all Illinois marriages start with high hopes and expectations, almost half of them end in divorce. While those who have never had to make the decision to get divorced may see people as either “married” or “divorced,” the truth is that there are often many steps in between a full commitment to marriage and resignation to divorce. After so many years of hard work, making memories, and raising children, when is it time to throw in the towel and give up the effort to save your marriage? Here are three signs from relationship experts that you may not be able to salvage your relationship.

You or Your Spouse are Abusive

Abuse of any kind is unacceptable and you do not have to tolerate it. If you cannot stomach the idea of leaving for yourself, consider your children and the example you want to set for them. You may hate the idea of your children growing up without their other parent, but it is rare that an abusive spouse spares the children forever. Unfortunately, spouses are often also mutually abusive to each other. If your relationship has reached the point that you are both engaging in unacceptable behavior, it may be time to call it quits and seek help.

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 Posted on May 24, 2022 in Divorce

While most people feel that lying is wrong, the unfortunate truth is that dishonesty is very common. Even people who consider themselves honest may be more likely to justify lying if they feel the circumstances warrant it. In some ways, an Illinois divorce is the perfect situation to make someone feel like lying is acceptable; so much is at stake, and spouses often feel terribly wronged by each other. While the strategy of lying during divorce often backfires on the dishonest spouse, it can have serious negative consequences for the other spouse and their children. If you are getting divorced and your spouse is trying to hide income, fabricate tales of domestic violence, or otherwise mislead a judge in your divorce proceedings, you will need to take action to fight their lies.

What Do Spouses Lie About During Divorce?

If your spouse has a history of lying, you can bet with near certainty that they will continue to do so during your divorce. Dishonest spouses may lie about many things, including, but not limited to:

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 Posted on May 19, 2022 in Divorce

Many things can be difficult to anticipate in an Illinois divorce, but spousal maintenance - also known as alimony or spousal support - does not have to be. While every divorce is made up of its own unique problems and solutions, Illinois courts must consider several factors when determining whether spousal maintenance is appropriate and they use specific formulas to determine the amount. If you are getting divorced in DuPage County and wondering whether you will pay or receive alimony, read this helpful blog post and then contact an experienced divorce lawyer who can help you with your case.

Income and Property

Courts will look carefully at the income of each spouse, as well as the potential earning power a spouse would have if they were fully employed. Because some spouses stay out of the workforce to raise children and keep a home, courts will consider whether divorce would put a homemaker spouse in a destitute financial situation and adjust spousal maintenance payments accordingly. Courts will also consider how long it would take a dependent spouse to get back on their feet after obtaining adequate training or education; if it is unclear how long it would take, or if there are young children whose needs would prevent a spouse from immediately seeking employment, courts can order fixed-term maintenance that is subject to review after a predetermined period of time.

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