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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 Posted on February 14, 2020 in Collaborative Law

When many people think of divorce, they imagine a tense courtroom scene involving two bitter spouses intent on “winning” the divorce. Fortunately, there are many ways to end a marriage without the need for aggressive court battles. If you are planning to get divorced, you and your spouse may understandably struggle to see eye-to-eye about certain things. You may have different opinions about who should retain ownership of the family home, how bank account balances should be divided, who should have the majority of parenting time, or other issues. Collaborative divorce offers a way for divorcing couples to work on finding a resolution to divorce issues without the hostility, expense, and stress associated with divorce litigation.

The Collaborative Divorce Process in Illinois

During a collaborative divorce, each spouse retains an attorney who has been trained in collaborative law. The spouses and their respective attorneys hold a series of meetings to identify unresolved divorce issues and work on finding solutions to these issues that both spouses agree to. Before negotiations begin, spouses and their lawyers sign a commitment called a “Participation Agreement.” In the agreement, each member of the collaborative team commits to work together cooperatively and honestly. The spouses also agree to voluntarily provide any relevant information needed during the collaborative process, such as financial documents. The collaborative team may also include experts such as child specialists, divorce coaches, and financial planners.

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 Posted on February 11, 2020 in Divorce

Marriages end for countless reasons. Sometimes, spouses get divorced because they both agree that the marriage is simply no longer working. In other cases, only one spouse wants to divorce, while the other spouse believes that the marriage is still salvageable. If you are ready to end your marriage, and your spouse does not want to get divorced, it is important to know that he or she cannot stop you from filing for divorce. However, when a spouse does not agree to the divorce, he or she may take actions that could delay and complicate the divorce. Fortunately, you have options if your spouse refuses to cooperate with the divorce process.

Spouses Who Do Not Respond

The only grounds for divorce in Illinois is “irreconcilable differences,” and either spouse may name this as the reason he or she is petitioning the court for a dissolution of marriage. The person who files the Petition For Dissolution Of Marriage is called the petitioner, and the other spouse is the respondent. During the divorce filing process, a court hearing will be scheduled. The petitioner is responsible for making arrangements to serve notice of the petition and the hearing to the respondent. The respondent has 30 days to respond to the notice, and his or her response may state why he or she disagrees that the marriage has irretrievably broken down. If the respondent does not respond and does not show up to the hearing, the petitioner has the opportunity to request a default judgment granting his or her requests for how matters such as child custody and property division will be handled during the divorce. The court may schedule a default judgment hearing in order to give the respondent a second chance to participate. If the respondent does not attend this second-chance hearing, the court will typically grant the petitioner a default judgment.

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 Posted on February 07, 2020 in Property Division

Real estate considerations are often one of the most complex parts of property division during divorce. If you and your spouse own one or more rental properties together, you may be unsure of what will happen to this property after you are divorced. You have probably put a great deal of time, effort, and money into maintaining the property, and you may rely heavily on the income generated by tenants. As with any complex property issues during divorce, it is highly recommended that divorcing spouses who own rental properties receive legal guidance from an experienced attorney.

Options for Rental Properties During an Illinois Divorce

Divorcing spouses in Illinois have the option of working out their own agreements for property division outside of the courtroom. With help from your lawyer, you and your spouse may be able to negotiate a rental property arrangement that does not leave either of you at a major financial loss. There are several different ways that spouses may divide rental properties during divorce. Some choose to have the rental property appraised so they can sell the property and split the profits. Another option is for one spouse to retain complete ownership of the property and “buy out” the other spouse. The spouses may also agree upon a property division arrangement that assigns ownership of the rental property to one spouse while the other spouse is assigned other marital property of similar value. For example, one spouse may own the rental property, while the other spouse will own the family home. Divorcing spouses may also choose to retain joint ownership of the property and continue to share the rental income.

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 Posted on February 04, 2020 in Family Law

Illinois courts presume that it is in a child's best interests to have both parents involved in their life. However, it takes a great deal of responsibility and attention to adequately care for a child. If a parent cannot satisfactorily provide for a child's needs, or if spending time with the parent may put the child in danger, the parent may be considered “unfit.” When a parent is declared unfit, the courts no longer presume that it is in the child's best interests to spend time with that parent. When addressing family law issues, the parties involved will want to understand how parental fitness laws may affect the outcome of their case.

Illinois Law Regarding Parental Fitness

The issue of parental fitness is often explored during adoption. Typically, consent from both biological parents is required for an adoption to occur. However, if a parent is found to be unfit by “clear and convincing evidence,” the parent's parental rights may be terminated. The adoption may then be permitted even without that parent's consent. An unfit parent is typically defined as a parent who does not have the child's best interests at heart. In Illinois, parental rights can only be terminated through a juvenile case initiated by the state or in conjunction with the Adoption Act. During a parental fitness hearing, the burden of proof is on the party claiming that the parent is unfit.

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 Posted on January 31, 2020 in Divorce

Unfortunately, divorce can bring out the worst in some people. If you are considering leaving your spouse, or if you have already decided to get divorced, you may have concerns about how he or she will take the breakup. Some spouses become resentful and meddlesome during the divorce process. They may attempt to gain access to their former partner's email accounts, bank information, text messages, and more. You may need to take steps to protect your privacy during a contentious divorce, including:

Change Your Passwords

Many people mistakenly assume that if something is password-protected, no one can access it without the password. However, things become much more complicated when a couple who has shared computers, tablets, and cell phones are divorcing. For example, you may have previously logged on to your email using your spouse's phone because your phone was out of battery. Many devices have settings that automatically remember usernames and passwords for easy future logins. Your spouse may therefore have your email password saved in his or her phone without you even knowing it. The safest bet is to change all of your passwords and security questions to something unique that your spouse will not be able to guess.

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 Posted on January 27, 2020 in Child Custody

If you are a parent who is planning to divorce, you probably have concerns about how the end of your marriage will affect your children. Fortunately, research shows that children with divorced parents can lead lives that are just as happy and healthy as children with married parents. In some cases, children are actually happier after their parents' divorce, because they no longer see their parents arguing all the time or otherwise being miserable. Nevertheless, adjusting to a two-household family after divorce can be challenging for many children. One solution that more and more divorced parents are utilizing is “bird nesting.”

How Does Bird Nesting Work?

In the majority of divorce cases involving parents who share parenting time, the parents live in separate homes, and the children are transported between the two homes. While this scenario works for many divorced families, it can also sometimes lead to confusion and complication. For example, children may struggle to keep track of school supplies and special projects when they must move these items back and forth between the houses.

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