Posted on November 04, 2021 in Divorce

Illinois is one of the few states in the nation that has a law compelling divorced parents to contribute to their child's educational expenses after the child has turned 18 or graduated high school. For some parents, this is a gift; to others, it seems drastically unfair. In 2019, a parent challenged this law and argued that the law essentially created two classes of children because married parents cannot be ordered to contribute to their adult child's educational expenses. He also argued that he was not allowed sufficient input regarding where his child went to college. Ultimately, the Illinois Supreme Court held that the law was constitutional. For better or worse, this law stands.

For divorced parents who need to know whether they can expect to be tasked with paying their children's college expenses as part of their child support obligations, here are some basic facts.

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 Posted on November 02, 2021 in Child Support

Even parents with the best intentions may find the prospect of paying child support daunting. In addition to the likelihood of not having your children with you all the time like you did when you were married, child support payments can place a substantial emotional burden on a parent - to say nothing of the financial burden. Support that was freely given to a child must now be quantified and paid to a spouse following a divorce, and the penalties for not paying are significant.

Understanding how child support is calculated in Illinois and when parents have grounds for modifying child support payments may provide some level of comfort and predictability.

What Factors Determine Child Support Payments?

Illinois requires both parents to support their children financially. As such, child support payments are calculated using a formula that combines the incomes of both parents, determines what percent of the combined income each parent earns, and then allocates child support according to that percentage. The parent with the majority of parenting time receives child support and the parent with less parenting time pays child support. The formula upon which judges generally base child support payments is called the Income Shares Schedule, and parents can use it to get an estimate of what their payments might be. When necessary, judges have the power to deviate from the Income Shares Schedule to accommodate individual situations.

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 Posted on October 27, 2021 in Divorce

Couples who are sure their marriage has irretrievably broken down usually find that divorce is the best option. However, some spouses may not be confident that their problems are past the point of reconciliation; other spouses may be religiously or ethically opposed to divorce. For married people in Illinois who are not fully ready to commit to divorce, legal separation may be a more viable option. If you are considering ending your relationship, understanding the difference between divorce and legal separation can make it easier to make the decision that is best for you.

Divorce

The biggest difference between legal separation and divorce is that divorce is permanent. During the divorce process, spouses resolve important issues so they can move forward with their personal lives and get married again one day if they wish. The resolution of certain issues, such as agreements related to the children or spousal maintenance payments, can be modified when necessary; other issues, like the division of marital property, are final. Depending on the complexity of a divorce, as well as the ability of spouses to cooperate, a divorce can take between three months and two years to complete. The cost of a divorce can vary accordingly.

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 Posted on October 26, 2021 in Child Custody

Many reasons compel parents to move out of state with their children after divorce. A new job, living closer to family, and a desire to move away from the midwest's infamous winters all give families good reasons to relocate. But for divorced parents, there are certain procedures that must be followed before they can move children out of state. Parents who share parenting time and parental responsibilities must get permission from each other and/or the court before moving the children outside certain parameters.

When Does Moving With Children Require Permission?

Parents with the majority of parenting time who want to move with their children may do so without getting permission from the other parent or the court if their move is less than a certain distance from where they currently live. For parents living in Will, McHenry, Lake, Kane, DuPage, or Cook counties, they may move 25 miles or less from their current residence without obtaining permission. For parents in any other county, they may move 50 miles or less from their previous home, as long as the new residence is in Illinois. If the new residence is not in Illinois, such as over the state line into Indiana, the distance is shortened to 25 miles from the current residence.

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 Posted on October 21, 2021 in Divorce

Filing for divorce is never easy, but for victims of domestic violence the prospect of a spouse or partner finding out about a divorce filing could pose a serious threat. Sometimes victims are afraid to talk to anyone about their home situation - a fear backed by research showing that victims who try to leave their abuser often face severe retribution.

If you are considering divorce and want to know about your options, you may wonder if it is possible to discreetly hire an attorney without telling your spouse. In this blog, we will discuss the expectation of privacy between an attorney and a client. It is important to remember that a qualified Illinois divorce attorney is the best person to answer any questions you may have.

Are Consultations With Attorneys Protected by Client Privilege?

Generally speaking, when a prospective client is looking for legal advice or representation from an attorney, the meeting is confidential even if the potential client does not hire or pay the attorney. If there is an expectation that the conversation is private, the attorney cannot share the contents of that conversation without asking for the client's permission. This is true even if the relationship between the attorney and the client ends - and even if the client dies. Just to be safe, if you are concerned, you can confirm with an attorney that the meeting is private before sharing any details.

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 Posted on October 19, 2021 in Family Law

The Illinois Department of Children and Family Services estimates that roughly 100,000 grandparents in Illinois are raising their grandchildren. For these people, the meaning of the word “grandparent” goes above and beyond the love and care most grandparents give to their grandchildren.

When grandparents take the place of parents who are unable to care for their children, sometimes the best option is for the grandparent to adopt their grandchild. Any adoption is a long and complex process, but an experienced Illinois adoption attorney can answer any questions you may have and help make the adoption process easier.

When Can a Grandparent Adopt Their Grandchild?

Grandparents are often the natural choice when a child needs an adoptive parent because they already have a strong and stable presence in the child's life. Grandparents may adopt whether they are married, single, or divorced, but certain circumstances must be met before a child can be adopted. Both parents must be unable to care for the child due to:

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 Posted on October 14, 2021 in Divorce

Illinois courts prefer couples to work together and resolve issues in their divorces without extensive trial litigation. Mediation and collaborative divorce can be helpful ways to do this, but they are not effective for everyone. This is especially true if one spouse is the victim of domestic violence. Domestic violence is tragically still present to a substantial degree in Illinois, and for many families, Covid made the situation worse. Domestic violence-related issues in divorce, including physical violence, threats, and manipulation, usually cannot be handled with mediation, and require the help of an Illinois family court.

Am I in an Abusive Relationship?

Domestic violence can take many different forms, but it can affect anyone. Common types of domestic abuse include:

• Sexual or reproductive abuse - Sexual abuse in a marriage takes place when one spouse forces the other to participate in unwanted, dangerous, or humiliating sexual behavior. This can happen concurrently with consensual sex, which can complicate the feelings of the victim. Some spouses will also manipulate the use of birth control to compel the other spouse to have a child without their consent.

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 Posted on October 12, 2021 in Divorce

Significant achievements in technology and a surge of do-it-yourself sentiment have made all kinds of things available for people in ways they have never been before. People now do their own home improvements, grow fruitful gardens in small spaces, and make food at home that easily beats most restaurants.

With these trends, a proliferation of do-it-yourself legal technology has also become available. From the comfort of your own office, you can write a prenuptial agreement, create a will, and even get divorced using online software. But does that mean you should? Online legal services promise a quick, easy, and inexpensive solution to getting divorced, but they often overpromise and underdeliver. Here are some things to consider before you use one to get divorced.

Online Software Cannot Replace an Attorney's Advice

No two divorces are alike. Using a one-size-fits-all method to address your divorce could leave several important issues unaddressed. Although you may have a prenup and few shared assets, and therefore think your divorce could be quick and easy, you may be surprised to discover that your spouse is fighting the prenup and that the court finds it invalid. Then what are your options?

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 Posted on October 07, 2021 in Divorce

Establishing the paternity of the child born in Illinois is an important legal process that can benefit everyone. The child's father needs to know he has a child, the mother often needs help financially supporting a child, and a child deserves a relationship with both of her parents.

Sometimes, however, the mother may struggle to officially establish paternity because the alleged father does not want the responsibility of having a child and is avoiding paternity testing. Illinois law provides help for mothers in this situation.

How Can I Prove Paternity in Illinois?

When a couple is married, Illinois law presumes the husband to be the father. However, when two people are not married, things are a little more complicated - even if they are in a relationship. The easiest and most common way of establishing paternity is by having both parents sign a Voluntary Acknowledgement of Paternity (VAP). This is frequently done at the hospital when the child is born, so both parents can be listed on the child's birth certificate, but both parents must be present and agree to have each other sign the VAP.

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 Posted on October 05, 2021 in Divorce

There is never an ideal time to get divorced, but getting divorced while one spouse is deployed poses particular challenges because there are specific laws that apply to military divorces that do not apply to civilian divorces.

In this blog, we will discuss some of the most common questions people have about getting a military divorce in Illinois. Keep in mind that this is not intended to be legal advice and that an experienced Illinois divorce attorney is the best source for answers to your questions.

How Do I Establish Residency for a Military Divorce in Illinois?

Requirements for proving residency in Illinois are largely the same for military and non-military couples. To file for divorce in Illinois, one spouse must either be residing in Illinois for 90 days or be stationed in Illinois for 90 days.

How Does Illinois Law Protect Active Duty Military Members?

If one spouse could file for divorce using normal procedures while the other spouse was deployed, this could put the deployed spouse at a significant disadvantage. Illinois law provides certain protections for active duty military members to ensure the divorce process is fair.

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