Posted on October 16, 2020 in Property Division

One of the most significant parts of the divorce process is the division of marital assets and debts. Some divorcing couples are able to reach an agreement about property distribution through attorney-assisted negotiations. Others reach property distribution settlements through an alternative dispute resolution method like mediation or collaborative law. When a property distribution agreement cannot be reached, the case may go to trial. Complex assets such as investments, small businesses, and professional practices are often especially difficult to quantify and divide during divorce. If you are a doctor, accountant, or other professional, and you own your own practice, you should understand how the decisions about this practice may impact your divorce.

Determining the Identity of a Professional Practice

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 Posted on October 14, 2020 in Domestic Violence

If you have been the victim of domestic violence or you have reason to believe that a family or household member may become physically violent toward you or your children, there are legal actions you can take to protect yourself and your kids. A protection order or “restraining order” is a court order that prohibits a person from contacting or coming within a certain distance of another person. If the subject of the protection order violates the order, he or she faces immediate arrest and possible criminal charges. Obtaining an emergency order of protection is often the first step in leaving an abusive spouse or escaping an abusive family member.

How Does an Emergency Order of Protection Work?

Protection orders are used to protect against abuse, stalking, or harassment from former or current spouses, partners, roommates, or family members. An Emergency Order of Protection (EOP) can be customized to your particular situation. Your EOP may prohibit the abusive person or “respondent” from:

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 Posted on October 09, 2020 in Collaborative Law

If you are planning to divorce, you will need to make decisions about issues such as asset and debt division, child custody, spousal maintenance, and more. Reaching an agreement about these issues can be nearly impossible without the help of an attorney. Collaborative law is one option that may help you resolve divorce issues. During a collaborative divorce, spouses and their attorneys work together to find mutually-agreeable solutions to the unresolved issues and avoid going to trial.

How Does Collaborative Divorce Work?

In a collaborative divorce, both spouses retain attorneys who are trained in collaborative law. First, each spouse meets with his or her attorney to identify the unresolved issues and discuss their desired outcomes. Next, the spouses and their respective attorneys hold a series of meetings during which they negotiate divorce issues and discuss possible solutions.

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 Posted on October 02, 2020 in Property Division

If you are like most working adults, you probably plan to enjoy your retirement to the fullest. This can make retirement funds a serious concern during divorce. Retirement accounts are typically treated the same as other types of marital assets. The portion of the retirement funds that were accumulated during the marriage are a marital asset subject to division, while the portion of the retirement funds that were accumulated before the marriage are not subject to division. However, accurately valuing retirement funds is not always as straightforward as it may seem. Pension plans are often especially difficult to accurately quantify and divide during divorce because the value of the pension relies on the future payout of the plan.

Methods of Valuing Pensions

Three of the most common valuations methods used to determine the present value of a pension for the purpose of asset division during divorce include:

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 Posted on September 30, 2020 in Child Custody

In 2016, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) underwent significant updates. What used to be called child custody is now called the “allocation of parental responsibilities.” The time that a parent spends directly caring for his or her child is referred to as “parenting time.” Although the terms “sole custody” and “joint custody” are outdated, these terms are still sometimes used to refer to different types of parenting arrangements. If you are a father who is considering divorce, you may want to know if you could be awarded sole custody, or more accurately, all of the parental responsibilities and/or parenting time. The answer to this question will depend on a variety of factors.

Reaching an Agreement About Your Illinois Parenting Plan

Parents who divorce in Illinois are asked to create a parenting plan in which they describe how they plan to divide parental responsibilities and parenting time, as well as how other important matters will be addressed. Many divorcing couples struggle to reach an agreement about the provisions in their parenting plan. If you and your spouse disagree about child custody issues, a family law attorney may be able to help you negotiate a parenting plan that you can both agree to. Alternative dispute resolution methods like mediation or collaborative law may also enable you to resolve custody disagreements.

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 Posted on September 28, 2020 in Divorce

Now that so many adults are working from home, we are relying on technology even more often than we did before the COVID-19 pandemic. Many people are using cellphones, laptops, and home computers for everything from answering work emails to paying their bills. Because technology is such an integral part of our lives, addressing technology concerns during divorce is crucial. It is important to guard your privacy, watch what you say, and ensure that your online activity does not lead to negative consequences during your case.

Social Media Is Less Private Than You Think

Due to COVID-19 lockdowns, many people have replaced in-person meetups with social media communication. While websites like Twitter, Instagram, Facebook, and LinkedIn can be great places to network and keep in touch with loved ones, using social media during divorce can be risky. Most family law attorneys have seen a marked increase in the role of social media during divorce. It is very possible that pictures, videos, and messages you post online could be used against you. Do not make the mistake of assuming that your social media activity is private just because you have set your profile status to “private.” There are many different ways to access online information that was only intended to be viewed by a small number of close friends.

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 Posted on September 22, 2020 in Divorce

If you and your spouse are considering divorce, you may have questions about how your living situation will influence the divorce timeline. COVID-19 has affected nearly every aspect of our lives. In fact, for many spouses contemplating divorce, moving to a new home is simply not a possibility right now. You may have wondered, “Can I get divorced if my spouse and I are still living together?” Illinois divorce requirements have changed significantly over the past several years, so it is important to understand these requirements if you plan on ending your marriage.

Mandatory Separation Period for Illinois Divorces

Considerable changes were made to the Illinois Marriage and Dissolution of Marriage Act in 2016. Included in these changes was an overhaul of the “grounds” or reasons for divorce. Prior to the 2016 update, couples could assert “fault-based” grounds such as adultery or mental cruelty or the no-fault grounds of “irreconcilable differences.” To use irreconcilable differences as the reason for the divorce, the couple was required to live separately for up to two years, but not less than six months. If the couple alleged fault-based grounds, the mandatory separation period was six months.

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 Posted on September 18, 2020 in Child Support

If you are a parent who relies on child support payments to cover the costs associated with your children's housing, school and extracurricular activities, and child care, you know just how important this financial assistance is. When a paying parent or “obligor” fails to make child support payments in full and on time, this can lead to significant financial hardship. In many cases, child support non-payment is due to unemployment or underemployment. Read on to learn about how a parent's employment status may influence the amount of child support they are required to pay.

Is the Obligor's Employment Status Involuntary?

Illinois child support orders are calculated via the “Income Shares” model. The main factor in determining the amount of parents' child support obligations is the net income each parent earns. If your child's other parent is not working, working only part time, or earns a very low income, you may wonder how this will affect your child support order.

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 Posted on September 11, 2020 in Child Custody

Ideally, unmarried and divorcing parents would place their children's well-being above their own angry or vengeful feelings toward their ex. Unfortunately, the pain of a divorce or breakup can sometimes make parents lose sight of what is really important. Some parents even attempt to influence or coach their children to dislike the other parent. Whether this influence is intentional or unintentional, the results can be extremely harmful to both the children and the other parent. “Parental alienation” occurs when a parent manipulates a child in such a way that the child begins to feel fearful or hostile toward the other parent. It is possible that parental alienation can have a substantial effect on child custody.

What Actions May Be Considered Parental Alienation?

Romantic partners or spouses who have ended their relationship will often harbor some degree of bitterness or spite. However, it is important for parents to avoid letting their feelings toward their ex influence the relationship between their ex and their shared children. If a parent disparages the other parent to the point that it begins to break down the relationship between the child and the other parent, this may be considered parental alienation. Parental alienation may involve:

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 Posted on September 09, 2020 in Alimony

Illinois courts award spousal maintenance (also known as alimony or spousal support) when a divorcing spouse requires monetary assistance based on his or her financial and employment circumstances. There are many different factors that determine whether a spouse receives support and the amount of support he or she is entitled to. If a couple has signed a valid marital agreement dictating the terms of spousal maintenance, Illinois courts will typically uphold the terms contained in the agreement. Otherwise, if a spouse wishes to receive spousal maintenance, he or she must petition the court and explain his or her need for support.

Alimony May Be Temporary, Fixed, Reviewable, or Indefinite

The type, amount, and duration of spousal maintenance is based on the needs of the spouse seeking support, the financial resources of both spouses, and the amount of time the couple was married. There are four main categories of spousal maintenance in Illinois:

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