Posted on March 08, 2022 in Divorce

Many people in Illinois change their names when they get married, including, more recently, those who choose to hyphenate their last name with their partner's. But after divorce, most spouses who changed their name during the marriage wish to change it back. While Illinois divorce law allows a spouse to change their last name in the divorce decree, changing a child's name presents a more challenging problem.

Is Changing the Child's Last Name in Their Best Interests?

Parents who wish to change their child's last name after a divorce must petition an Illinois family court and argue that the name change would be in the child's best interests. The judge overseeing the case must agree. But just because the parents do not get along and one parent has the majority of parenting time does not mean he or she will get an automatic approval to change the child's last name. Judges can consider several factors when deciding whether to approve a name change request for a child, including:

Continue Reading ››

 Posted on March 03, 2022 in Divorce

During a heated divorce, Illinois parents will often go to great lengths to punish each other for personal grievances, even if doing so comes at the expense of a child's best interests. Other times, parents strongly feel that keeping their child away from the other parent and his extended family really is in the child's best interests. In either case, the child and the extended family are often separated from each other and powerless to take action.

Grandparents may want to request visitation rights with a grandchild, but sometimes these requests are rejected. Grandparents can understandably feel deeply saddened when this happens. If you are a grandparent in Illinois and wish to see your child, you will need to prove that the child is being harmed by not seeing you. The burden of proof will be entirely on you. While this can be a complex and difficult process, with the help of an experienced DuPage County grandparent-child visitation attorney, your petition may have the potential to succeed.

Continue Reading ››

 Posted on February 24, 2022 in Divorce

While virtually no divorce can happen without conflict, certain couples experience much higher conflict than others. While the causes for this are often rooted in real and understandable disagreements stemming from a couple's time together, other conflict is often caused by behaviors that occur during the divorce. Couples who wish to minimize unnecessary conflict can plan ahead or alter their behavior to avoid predictable problems.

Be Honest About Finances

Many spouses try to get ahead in the asset division process by hiding assets, lying about income, or otherwise dissembling their finances. While this can have serious legal implications, like punishments for perjury or contempt of court, it also introduces a totally avoidable level of suspicion and hostility in a divorce. Once one spouse starts being dishonest about finances, it makes it much harder for future negotiations to continue in good faith.

Negotiate in Good Faith

Continue Reading ››

 Posted on February 22, 2022 in Divorce

Mediation is often ordered by Illinois family court judges because of its remarkable effectiveness in helping divorcing couples solve issues like parenting time, asset division, and spousal support. Yet while mediation or other alternative dispute resolution strategies keep most divorces from being litigated in court, there are certain situations in which mediation may not be sufficient or even safe. Here are three situations that may make divorcing spouses think twice about hiring a mediator.

Abuse or Domestic Violence

When relationship abuse occurs in the form of mental, physical, or emotional violence, it can be impossible to negotiate in good faith. One spouse may never be able to trust the other spouse and the abusive spouse may even use mediation as a tool of manipulation. While abuse can vary in its effect and intensity, warning your attorney and the judge who oversees your case that you fear abuse in mediation can help protect you from a judge ordering mediation when it could be unsafe.

Continue Reading ››

 Posted on February 17, 2022 in Family Law

Thanks to an increase in awareness and treatment options, mental illness is being diagnosed and treated at a higher rate than it has been in the past. Many mental illnesses are now better understood and much of the stigma surrounding them has dissipated as public understanding has increased.

Yet certain mental illnesses are still more disruptive than others, and this is particularly true when the person who suffers from a mental illness is also a parent of young children. In Illinois divorces or custody disputes, both parents' mental health may be scrutinized carefully and their personal problems dissected in what can feel like a very public manner. If you are struggling with mental illness and wondering whether a psychological evaluation could be used against you, read on.

What Kind of Psychological Examination Can Be Ordered?

When the best interests of a child are in question, a judge may order a thorough mental health evaluation. A trained, qualified, and unbiased medical professional will conduct interviews, assign questionnaires, and request meetings to talk about your thoughts and feelings. They may request your mental health history, including past records of treatment or hospitalization, and may want to observe your behavior over an extended period of time.

Continue Reading ››

 Posted on February 15, 2022 in Family Law

An interesting and complex area of child development has recently gained significant attention in news media and family law: Gender identity in minor children. Every day, it seems that there is new research and information on appropriate parental responses to this challenging situation, and parents often have conflicted or confused feelings about which approach they want to take.

This can be especially problematic when Illinois parents are divorced and share parental responsibilities. One of the most important areas of parental responsibilities is that of a child's health care. Because transgender or gender nonconforming children often seek gender-reaffirming treatments like hormone therapy or surgery, parents are confronted with a tough choice about which they may strongly disagree. If you have a child who is struggling with their gender identity, you may want to learn more about how this could impact your parenting strategy.

Continue Reading ››

 Posted on February 10, 2022 in Divorce

Couples in Illinois frequently get divorced because of arguments about finances. While differences in financial behaviors may not come out for many years, ultimately these problems can destroy a couple's savings and hopes of retirement. Unfortunately, just because spouses initiate divorce does not mean that reckless spending automatically stops. If you are divorcing a spouse who is likely to continue harming your assets during the divorce process, you may want to consider a financial restraining order for the following reasons.

You Want to Protect Your Assets

Spouses in Illinois who are worried about financial waste or misuse can get a temporary restraining order until a couple's marital assets can be divided fairly. While financial restraining orders cannot completely stop a spouse's spending, they can prohibit a spouse from hiding, giving away, or spending money or property that is not necessary for everyday living.

Continue Reading ››

 Posted on February 08, 2022 in Family Law

After an Illinois divorce involving children under the age of 18, one parent is usually ordered to pay the other parent child support. While both parents' incomes are taken into consideration for the purposes of determining child support payments, it is generally the parent with the majority of parenting time who receives child support payments.

Life with children changes frequently and the parent receiving child support may be sensitive to the idea of receiving more support when it would benefit the children. He or she may want to keep track of their ex-spouse's income and petition the court for an increase in child support if the ex gets a raise. But not every raise is an automatic guarantee of increased payments. If you are receiving child support in DuPage County and believe your child's other parent got a raise and should be paying more, this blog may be helpful to you.

Does a Small Raise Justify a Small Increase in Child Support?

Continue Reading ››

 Posted on February 03, 2022 in Divorce

Spousal maintenance, also known as alimony or spousal support, is an essential part of many Illinois divorce decrees. When married spouses shared a standard of living, especially when a spouse forewent career opportunities to provide a family's childcare and housekeeping, one spouse will frequently have to pay the other spousal maintenance.

As with child support, spousal maintenance payments are generally determined by state guidelines that depend on both spouses' income. Some situations, however, allow judges more leeway in terms of how much payments will be and how they will be allocated. Before 2019, there was one particular type of maintenance available: Unallocated maintenance. While unallocated maintenance is no longer granted in divorces, some people in Illinois are still making or receiving unallocated maintenance and may wonder if the change in the law has implications for them.

Continue Reading ››

 Posted on January 27, 2022 in Divorce

Divorcing parents in Illinois have to manage a myriad of complex issues: Child support, asset division, spousal support, and more. While every divorce is different, many parents will agree that designing a parenting plan is one of the most challenging aspects of divorce. If you have children under the age of 18 and are pursuing divorce in Illinois, here are five things you will need in your parenting plan.

Basic Details About You and Your Children

Every parenting plan must describe specifically to whom the plan applies. You will need information about your children, including their dates of birth and primary address. You must also include your and your spouse's information, such as work and home contact numbers. If you cannot find your spouse or do not know their contact information, seek assistance from a divorce attorney.

Continue Reading ››