Posted on September 24,2024 in Divorce

No-fault divorce has played an important role in family law for many years. Instead of requiring spouses to convince the court that there are reasonable grounds to let them get divorced, a couple can say they have irreconcilable differences and start the process.  By enabling couples to end their marriages because they are not happy together, without needing to prove that anyone did something wrong to the other, the entire process of dissolving a marriage became smoother.

However, a movement in the country has been working to change that. This article will explore what it would mean if no-fault divorce came to an end in Illinois. If you have more questions about this, speak with a skilled St. Charles, IL divorce lawyer who can answer them.

What Does No-Fault Divorce Mean?

Some couples want to split up for specific reasons: If one spouse had an affair, developed a debilitating addiction, or was caught hiding money or otherwise acting dishonestly, most people would not blame the other spouse for wanting to end the marriage.

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 Posted on September 20,2024 in Adoption

Divorce is often a stressful experience to go through. As a couple navigates the division of assets and allocation of debts that is an important part of a divorce, you are probably wondering who will be responsible for paying for the credit card debt that your spouse amassed. A seasoned Kane County, IL debt division attorney can review your case and offer valuable guidance.

How Does Debt Division Work in Illinois?

Illinois follows a model of equitable distribution in divorce. That means that all the assets as well as debts that were acquired during a marriage are divided fairly, not necessarily equally, between the spouses. However, with debts as with assets, there is a differentiation between marital debt and separate debt.

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 Posted on September 17,2024 in Division of Property

With cryptocurrency becoming more popular, it is increasingly included in divorce proceedings. Since it is a relatively new asset category, it can raise interesting questions about equitable asset division in an Illinois divorce. If you or your spouse own cryptocurrency, speak with a qualified Kane County, IL divorce lawyer to understand how it could be divided in divorce.

Determining the Value of Cryptocurrency

The state of Illinois differentiates between marital property and separate property. Any savings, investments, property, and other assets you had when you entered the marriage are generally considered exclusively yours. On the other hand, anything either of you acquired during your marriage is generally defined as marital property and subject to an equitable division during divorce.

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 Posted on September 11,2024 in Order of Protection

When someone claims to be a victim of domestic violence, Illinois takes those claims seriously and responds swiftly. A restraining order, officially called an order of protection, can be issued against the person being accused, which might legally keep them out of their home without a solution for where they can spend the night. 

When accusations are especially severe, the court can even issue an emergency order of protection almost immediately, without a long court process and without giving the accused an opportunity to tell his side of the story. Unfortunately, this swift handling of cases meant to protect victims of domestic abuse can be exploited. 

If you are falsely accused of domestic violence and are being kept out of your own home and away from your children as the result of an emergency order of protection, speak with a knowledgeable Kane County, IL family law attorney who can guide you as you navigate this painful situation. 

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 Posted on September 05,2024 in Family Law

It has become somewhat common practice to sign a prenuptial agreement. Not everyone signs one, but almost everyone has heard of one. However, even though a prenup can have a serious impact on your financial future, some people sign it without truly wanting to. Maybe their future in-laws gave them an ultimatum to pressure them into signing it. Perhaps they lacked the knowledge to fully understand that they were signing a document their spouse’s family lawyer drew up that unfairly represented the spouse’s interests. 

If you signed a prenup that you did not want to, it might not have seemed like a big deal at the time because you were sure you would live happily ever after. Unfortunately, most people do not anticipate divorce when they are planning their wedding, and many people find themselves in divorce proceedings with a prenup that they were never comfortable with. If you fall under this category, speak with an experienced Kane County, IL divorce lawyer to review your options.

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 Posted on August 29,2024 in Divorce

There is no arguing that a divorce can sometimes seem like one enormous, horrible fight that hurts not only the spouses involved but also their children. But some couples can feel they should not be married and still want to avoid hurting each other. Once the divorce is finalized, parents still need to be involved in each other’s lives as they continue to raise their children, and that can be extremely challenging following a high-conflict divorce. When two people share the understanding that they can work together instead of against each other so that each can leave with a divorce settlement and parenting plan they can feel comfortable with, it can make a big difference. If you are your spouse do not consider yourselves enemies and are willing to take a less combative approach to ending your marriage, speak with a seasoned Kane County, IL divorce lawyer about an amicable divorce.

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 Posted on August 26,2024 in Child Custody

Parents going through a divorce often fight when both want the most time with their children. Bitter custody battles can be a painful experience, but it can become even more traumatic if one parent decides to take impulsive action. In Illinois, if a parent violates the visitation schedule, they can be charged for parental abduction. If your child’s other parent might try to take them away from you, speak with a skilled Kane County, IL child custody attorney to hear your options.

 How Does Illinois Handle Parental Kidnapping?

Illinois courts prefer granting both parents some amount of visitation and parental rights. Even if one parent has primary custody, the courts try to ensure the other parent is involved in the child’s life. Unfortunately, some parents take their children without the authority to do so.

In addition to the emotional trauma of parental abduction, there are legal consequences. If a parent violates their parenting plan, they could face serious charges and consequences. According to Illinois law, the other parent can be convicted of parental abduction or kidnapping if they intentionally violate your custody order or intentionally hide your child or keep them away from you without your permission if you do not have a custody order. The charges they might face include:

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 Posted on August 21,2024 in Child Support

This month, Illinois is marking Child Support Awareness Month by celebrating some newly launched initiatives aimed at helping parents and children across the state. By bringing attention to new efforts and improvements in how child support is handled, this awareness month places special focus on a legal issue that affects so many people. Child support can be an essential lifeline to parents after divorce by ensuring their financial ability to raise their children. If you have questions about child support, speak with a qualified Kane County, IL divorce lawyer to learn more.

New Child Support Initiatives in Illinois

With child support being such an important issue, the state of Illinois is introducing several new initiatives to improve how it works, including:

• Better online services: A new online portal has been launched to make it easier for parents to manage their child support payments. Parents can easily check their payment history, update their information, and even make payments directly online, making child support payments more convenient and accessible.

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 Posted on August 15,2024 in Child Custody

We are all familiar with that image of the family that has made it and accomplished the American dream: a mom and dad with a few kids playing happily in the front yard of their home with its white picket fence. Unfortunately, the reality for many people is quite different. Raising children can be challenging, and making a decent living to provide them with a safe and healthy environment can be very hard. If someone becomes a parent while struggling with issues like addiction, mental health conditions, or financial instability, they might find that they are unable to focus on the child’s needs in the way a parent needs to. While it is quite rare, there are some times when a grandparent can be granted custody over children in Illinois. If you have significant concerns for the safety and well-being of your grandchild, speak with a qualified St. Charles, IL child custody lawyer to review your options.

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 Posted on August 09,2024 in Family Law

More and more kids are creating their own social media platforms and content channels and are gaining their own followings. These child influencers often appear in videos, pictures, or live streams and tend to include child-related topics like product and food reviews, vacation diaries, and daily life vlogs. If you are a parent of a child influencer in Illinois, there are laws you should know about that can affect you and your child. If you have questions about issues like privacy, income, and working hours for young social media stars, speak with a knowledgeable Kane County, IL family law attorney to find out more.

Laws and Regulations Related to Child Influencers

Illinois law includes several responsibilities that parents or other legal guardians of child influencers need to abide by. These include:

• Protecting privacy: Illinois has strict privacy laws to protect children. If your child is an influencer, you need to be careful about any personal information about them that is shared online. You should avoid posting your child’s address, school name, or other private details that could be misused. The Illinois Children’s Privacy Law helps protect kids’ personal information online, and it is important to follow these rules to keep your child safe.

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