Posted on March 24, 2020 in Paternity

Unmarried couples who have a child together face a significantly different set of challenges than married couples with children. When a mother who is married gives birth, her husband is automatically presumed to be the child's father. However, when an unmarried mother gives birth, this presumption does not exist. The father will need to take steps to establish his legal relationship to the child, called establishing paternity. There are numerous benefits to establishing paternity for both the parents and the child. Read on to learn about these advantages and the steps that must be followed to establish paternity in Illinois.

Children Gain Many Valuable Resources When Paternity Is Established

Until the legal relationship between a child and father is confirmed, the child is not eligible for a number of important benefits. Once paternity has been established, the child will have advantages such as:

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 Posted on March 16, 2020 in Child Custody

In 2016, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) underwent major revisions. One of the biggest changes was an update to the language used to describe child custody. Instead of “child custody” and “visitation,” the terms “parental responsibility” and “parenting time” are used to describe parenting duties. Parental responsibilities refers to a parent's authority to make major decisions about a child's education, medical care, and other issues involved in their upbringing, whereas parenting time is the actual time that a parent spends caring for the child. Many divorced and unmarried parents split parental responsibilities and parenting time in a shared parenting arrangement, but some situations may require one parent to take on all of the parental responsibilities and/or parenting time.

Illinois Courts Typically Encourage Shared Parenting

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 Posted on March 13, 2020 in Divorce

Social media websites like Facebook, Twitter, and Instagram have revolutionized the way we communicate with each other, so it may not surprise you that social media is increasingly influential in divorce cases. A large percentage of divorcing couples name Facebook or another social media website as a contributing factor in the breakdown of their marriage. Social media activity can also have a tremendous impact during divorce and child custody proceedings. If you are considering divorce, you should know that the pictures, videos, and text you post on social media has the potential to significantly impact your divorce.

Social Media Posts Can Reveal Financial Information

Many people do not realize it, but text messages, email messages, and social media posts are admissible evidence in divorce proceedings that may even be subpoenaed. One way that social media often influences divorce is when a spouse shares something that reveals information about his or her finances. Decisions about child support, spousal maintenance, and property division are all largely based on the spouses' financial circumstances. If a spouse is underreporting his or her income or assets in an attempt to gain financial advantage during divorce, social media posts may expose this deception. For example, if a husband claims that he cannot afford spousal maintenance payments but then posts a picture of a luxury car he just purchased, this could be used as evidence that he is lying about his true financial situation.

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 Posted on March 10, 2020 in Property Division

Division of property is often one of the most consequential aspects of a divorce. Spouses have worked hard to acquire the property they own, and they understandably do not want this property to be divided unfairly. Typically, high-value assets and complex assets like family businesses, real estate, investments, and stocks are more difficult to value and accurately address during divorce than simpler assets. Property division is made even more complicated when marital assets and nonmarital assets are commingled, or mixed. If you have concerns about how your property will be divided during divorce, speak with an experienced divorce attorney as soon as possible to receive guidance customized for your particular situation.

Property Is Divided According to Equitable Distribution in Illinois

During divorce, spouses have the option of determining their own property division arrangements. This is often accomplished through negotiation, mediation, or collaborative law. However, in some situations, spouses cannot reach an agreement about property without help from the courts. In Illinois, courts divide property according to a method called “equitable distribution.” Property is divided fairly based on the duration of the marriage, provisions made for the spouses' children, each spouse's contributions to the marital estate, the spouses' income and employability, and other factors.

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 Posted on March 06, 2020 in Divorce

Although the overall U.S. divorce rate has been gradually falling over the past few decades, there is one group of people who are getting divorced at a much higher rate. The number of married individuals divorcing after age 50 has increased twofold since 1990. Divorce involving older spouses, nicknamed “gray divorce,” comes with a variety of special challenges – both personal and financial. If you are considering divorce, and you are over the age of 50, you should speak to an experienced divorce lawyer to find the specific course of action that is right for you.

Financial Considerations During Gray Divorce

In Illinois, marital property, meaning property accumulated by either spouse during the marriage, is subject to equitable division during divorce. Typically, the older a person is, the more property and wealth they have accumulated. If you are planning to divorce after the age of 50, you may have investments, pensions and retirement accounts, valuable art or antiques, or other assets that must be divided between you and your spouse.

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 Posted on March 03, 2020 in Property Division

Illinois no longer allows divorcing spouses to claim fault-based grounds for divorce. However, this does not mean that a spouse's behavior cannot influence a divorce settlement. Spouses who waste or destroy property during the breakdown of their marriage or during divorce proceedings may be guilty of dissipating assets. If you are planning to get divorced or have already started the divorce process, and you believe your spouse has grossly misused marital funds or property, you may have a valid dissipation claim.

Defining Dissipation of Assets

Illinois law defines dissipation as the use of marital property for a purpose not related to the marriage when the marriage is undergoing an irreparable breakdown. Examples of dissipation of assets include situations such as:

• After a wife files for divorce, a husband decides to “get even” with her. He intentionally destroys thousands of dollars of their furniture and other household property so that the wife cannot be assigned these items during property division.

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 Posted on February 28, 2020 in Property Division

For many people, their dog, cat, or other pet is a beloved member of the family. However, the law treats pets as property. During divorce, spouses may vehemently disagree about who will take ownership of the pet. In years past, pets were treated just like any other asset during a contentious divorce. However, modifications to Illinois laws regarding property division took effect in 2018, and they changed the way pets are dealt with during divorce. If you are considering divorce, and you are worried that you and your spouse will disagree about ownership of your pet, read on to learn about your options.

Factors Considered During “Pet Custody” Decisions

Only marital assets are divided during Illinois divorces. If a spouse acquired a pet before the marriage, it may be considered non-marital property, and it would therefore be assigned to the animal's original owner. If a pet was acquired by either spouse during the marriage, it is most likely considered a marital asset. Because of the changes to Illinois law, courts now consider the animal's well-being when deciding whether to award sole or joint ownership of the pet during divorce. The spouse who typically fed, walked, and cared for the pet and took the pet to veterinary appointments is often assigned ownership. If a divorcing couple has children, the spouse with the majority of parental responsibilities may argue that he or she should keep the pet so that the children can spend more time with it.

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 Posted on February 25, 2020 in Child Support

According to Illinois law, both of a child's parents must financially contribute to their child's upbringing – even if the parents are unmarried or divorced. Illinois child support payment amounts are calculated using the “income shares” method. This method uses each parent's net income and the amount of parenting time assigned to each parent to determine an appropriate child support order. If a parent wants to change the terms of the child support order, he or she will need to petition the court for a child support modification.

Modification Reviews Through DCSS

Child support orders are eligible for a “modification review” every three years. The Illinois Department of Child Support Services (DCSS) will notify parents of their right to request a review of their current child support order. When a parent requests a review through DCSS, each parent will be asked to submit financial documentation which will be used to determine whether a modification is necessary.

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 Posted on February 21, 2020 in Family Law

There are many different factors that influence the sustainability of a marriage. For many married couples, knowing whether it is time to formally end a marriage through divorce is not easy. One option that many married couples utilize when they are not ready to divorce is legal separation. However, it is important to understand that living apart or separating from your spouse is not the same as obtaining a legal separation. Couples that are legally separated are still technically married, but they gain much greater protection under the law than couples that are simply living apart. Some reasons you may consider legal separation include:

There Is Still a Chance for Reconciliation But You Want to Separate Finances

Divorce is a very definitive action. There is no undoing a divorce. If you and your spouse have had major marital trouble, but you believe that there is still a chance for you to reconcile in the future, a legal separation may be right for you. If you obtain a legal separation, you will be able to gain many of the benefits of divorce without actually ending your marriage.

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 Posted on February 19, 2020 in Divorce

Domestic violence is taken very seriously in Illinois, and victims of abuse can protect their safety and that of their children or other family members by obtaining an order of protection. An emergency order of protection (EOP) can be granted to a person based on his or her testimony alone, and it goes into effect immediately. The respondent (the subject of the order of protection) does not need to be present in order for the petitioner to be granted an EOP. An EOP lasts up to 21 days and typically prohibits the respondent from contacting or coming within a certain distance of the petitioner. A restraining order may also prohibit the respondent from seeing or contacting his or her children, and it may require him or her to surrender any firearms. If you are the subject of a protection order during divorce, there are several crucial steps you should take.

Follow the Directions Contained in the Order of Protection

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