Posted on December 14, 2021 in Divorce

No matter how you feel about getting a divorce, once you have made the final decision, certain steps must be completed. The type of divorce you pursue will affect these steps to some extent. For couples who can agree on everything or agree to mediation when they do not agree, an uncontested divorce may be the best option. For some couples, however, a contested divorce is the only option.

Contested divorces can be messy, long, and expensive. Illinois family courts discourage this whenever possible by trying to motivate spouses to work together on a settlement; unfortunately, it is not always possible. A contested divorce may go all the way to trial but before a trial can begin, there is an important step called discovery. Discovery can be long and complex, so it is important to know as much about it as you can before the process begins.

Before Discovery

In the best case divorce scenario, spouses will be open and willing to exchange information between each other and their lawyers. Sometimes spouses may be willing to share information about some topics, but stonewall about others. Even in a contested divorce, the more spouses can settle together outside of court, the easier the discovery and litigation processes will be. Talking to your spouse (even if just through their attorney) may help you get an idea of what you can expect to confront during discovery.

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 Posted on December 09, 2021 in Divorce

When a married couple decides to end their relationship, one party may file for divorce. But an important part of getting divorced is being able to serve a spouse divorce papers - and if a spouse has decided to simply walk out without formally ending the relationship, serving papers can be difficult. Whether due to a criminal history, a desire to dodge child support obligations, or simply to try to start over again, some people disappear and cannot be located.

If you want to get a divorce and cannot find or contact your spouse, you are not consigned to a lifetime of marriage to a missing person. Instead, with the help of an experienced divorce attorney, you can take steps to end your marriage - even without your spouse's cooperation.

Divorce by Publication

When one spouse is missing and the other spouse wants to get divorced, Illinois law provides an option called “divorce by publication.” Divorce by publication is only an option after a judge from an Illinois family court is convinced that the spouse filing for divorce truly cannot locate the missing spouse. The spouse filing for divorce is responsible for proving that he or she looked extensively for their spouse. This may be done using the following strategies, keeping accurate records for evidence:

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 Posted on December 07, 2021 in Divorce

It is no secret that parenting during the holidays is difficult, especially in the first few years following a divorce. On top of gift shopping, work events, family parties, and children's school schedules, trying to create a co-parenting plan during the holidays can seem next to impossible. A practical parenting plan can reduce everyone's stress during this busy time, and even if you and your former spouse cannot agree on much, you can likely agree on that. Here are three tips for sensible, structured holiday co-parenting that can help make things easier for everyone.

Make a Plan and Stick To It

There is an old saying - “Done is better than perfect” - and in this case, it is true. Create a concrete schedule for where children will be and when they will be there, and who is responsible for picking up and dropping them off. You do not have to like every detail of the plan, but when you know what to expect, confusion and conflict will be minimized. Keep in mind that the parenting plan you created for your children when they were very young will likely not meet their needs as they get older. If you need to adjust your parenting plan, consult an attorney before making changes. Failing to follow your parenting plan without consent from your spouse and a court-approved agreement in place can get you in legal trouble.

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 Posted on December 02, 2021 in Divorce

Social media is almost universally used by residents of Illinois. Without thinking twice, many of us share intimate details about our personal lives on forums where anyone who knows how to take a screenshot can keep those details forever.

It is always important to exercise caution when using social media, but when as much as 80 percent of divorce attorneys say they would use social media posts as evidence, during divorce it is absolutely crucial. In this blog, we discuss some ways that social media use could negatively influence a divorce.

Financial Transparency

An important part of divorce is getting accurate information about each partner's finances. Some spouses try to hide or lie about their income, only to get busted when posting pictures and videos about a lavish lifestyle. Even if someone is merely trying to give the impression of having more money than they really do, this could be used as evidence of financial dishonesty during divorce proceedings. Professional social media sites may be used to find discrepancies between a spouse's stated employment and their true employment history. When in doubt, it is best to be completely transparent about your finances and avoid sharing anything related to money on social media.

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 Posted on November 29, 2021 in Divorce

Parenting plans are classically understood as legal instruments that detail how parents will share their children's schedules and needs after a divorce is finalized. Parenting time, allocation of parental responsibilities, holiday schedules, and the right of first refusal are agreed upon by parents or mandated by the court, and then codified into a legally enforceable parenting plan.

In addition to covering only the essentials, parenting plans can be written to include highly specific details about many issues that parents may confront. If you are interested in a parenting agreement that contains more specific provisions, read on.

Additional Concerns in Illinois Parenting Plans

According to Illinois law, certain issues must be addressed in every parenting plan. In addition to the aforementioned topics, parents must also agree on transportation and pick-up and drop-off arrangements, electronic communication when one parent is not with the children, potential relocation with the children, and how to make changes to the parenting plan.

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 Posted on November 22, 2021 in Divorce

In a perfect world, divorcing spouses would be able to reach an agreement on all of their issues without conflict or hostility. In real life, however, this rarely happens. Although no-fault divorce and alternative dispute resolution techniques have made it easier for divorce cases to stay out of court, there are times when appearing before a judge is unavoidable.

In the most hostile divorce cases, especially those that involve abuse or serious financial misbehavior, witnesses may be helpful. If you are beginning the process of divorce and believe that witnesses may be helpful to your case, read on.

Who Can Be a Witness in an Illinois Divorce Case?

There are two primary categories of witnesses: lay witnesses and expert witnesses.

• Lay witnesses are normal people who give their opinions, observations, or experiences with the people involved in the divorce. They cannot give opinions about specific topics that require expertise.

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 Posted on November 17, 2021 in Divorce

When a resident of Illinois files for divorce, they must choose a venue, or county, wherein the divorce proceedings will take place. Unless their spouse objects to the choice of venue and petitions for a change in venue, the spouse who files for divorce chooses the county where the divorce will happen.

However, the spouse who responds to the initial divorce filing is not necessarily required to accept their spouse's choice of venue. If your husband or wife has filed for divorce and you believe that it would make sense to have the divorce proceedings in another county, you may want to request a change of venue.

Why is a Divorce Venue Important?

Because a venue simply refers to the court system wherein a divorce case takes place, everything related to a divorce will happen in that particular venue. Court appearances, filing documents, and even requests for modification after the divorce is over usually need to happen in the original venue. Because most couples are still living together or near one another when one spouse files for divorce, a change of venue is generally irrelevant. However, for couples in the following circumstances, objecting to a spouse's choice of venue may make sense:

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 Posted on November 15, 2021 in Divorce

The Biden Administration recently announced modifications to its Student Loan Forgiveness program for borrowers like teachers and police officers who have spent at least 10 years working in public service, making it easier to apply and get approval for loan forgiveness. But these changes impact a relatively small percentage of borrowers and leave the vast majority of student loans untouched.

Student loan debt has an outsized presence in so many young Americans' lives, and it affects everything from their ability to buy a home to their willingness to take entrepreneurial risks. Worse, when young couples get married and then get divorced, student loans can be a headache in the marital property division process. Understanding how student loans are divided in a divorce, and whether your or your spouse's student loans are likely to be considered marital property, is essential for couples considering divorce in Illinois.

Are My Student Loans Marital Property?

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 Posted on November 11, 2021 in Divorce

Although all family courts in Illinois must follow state laws, there are 102 counties in Illinois and each has a court system with minor differences in how they resolve divorce and other legal issues. Often, the county in which a spouse files for divorce can affect the divorce process and outcome of divorce in ways that filing in another county would not. Certain counties have a reputation for handling divorce in ways that may be beneficial to your case.

For this and other reasons, determining the county in which to file for divorce in Illinois - called the divorce “venue” - is an important first step of the divorce process and a crucial part of your overall divorce strategy. An experienced Illinois divorce attorney can help you ensure you can file for divorce in Illinois and help you choose a favorable venue.

Can I File for Divorce in the State of Illinois?

Before anyone can file for divorce in any county, they must be a resident of the state of Illinois. You can establish residency by living in Illinois for 90 days, or, for members of the U.S. military, by being stationed in Illinois for at least 90 days. It is legally permissible to move to Illinois for the purposes of getting divorced if you believe the state laws would be favorable to your preferred outcome. However, pursuing divorce in a particular state does not guarantee a specific outcome.

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 Posted on November 09, 2021 in Child Support

Child support payments are an important part of life after divorce. They ensure Illinois parents can share the expense of raising children in a reasonable and fair manner, and child support allows children to enjoy an appropriate quality of life following their parents' divorce.

Illinois law recognizes that children become independent adults when they turn 18 years old or graduate from high school, and child support payments are generally terminated at that time. However, some children have disabilities that prevent them from transitioning into independent adulthood right away and some children are never able to do so. For adult children with disabilities, continued child support payments can help ensure that they are cared for and given the highest quality of life possible.

How Does Child Support For a Disabled Adult Child Work?

Each family's circumstances are unique, and ongoing adult child support arrangements will depend on the needs of the child and the ability of the parents to pay. Illinois child support payments are calculated according to the “Income Shares” model. The Income Shares model uses a pre-existing formula to determine payments using both parents' income and the amount of time the child spends with each parent.

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