Posted on March 16, 2020 in Child Custody

The term “homecourt advantage” extends beyond the sports world. There is an advantage to having your divorce in a court that is close to where you live. Having to travel to another state for your divorce would be more costly, especially if you need to use litigation to settle your case. Choosing a court for your divorce should not be an issue if you both live near each other. If more than one state can claim jurisdiction for your divorce, the state that hears your case may depend on who files first and the practicality for both sides. Illinois has rules concerning jurisdiction in a parenting case when the two parents live in different states.

Determining Jurisdiction

The Uniform Child-Custody Jurisdiction and Enforcement Act says that the home state of the children should have jurisdiction over a parenting case but Illinois can claim jurisdiction if:

Continue Reading ››

 Posted on March 12, 2020 in Divorce

Infidelity is the most obvious example of a singular event that would cause a divorce. There are no comprehensive numbers on how many divorces involve one spouse cheating on the other because couples are no longer required to give a reason for divorce. Surveys suggest that infidelity is one of the most commonly cited reasons for divorce, but not all cases of infidelity result in divorce. Cheating is often the symptom of other marital problems that could have led to divorce on their own.

Something Lacking

A person who seeks an extramarital affair is likely looking for something that they are not getting or are unsatisfied with from their marriage. Sexual activity is often what is lacking, though the cheater can also have an emotional affair. A person may feel a lack of intimacy in their marriage but never seek satisfaction outside of the marriage through infidelity. However, that does not make the faithful spouse any happier in the marriage. If your goal is to save your marriage from a lack of intimacy, you need to discuss your concerns with your spouse, possibly through couples therapy. If you know you have no interest in continuing the marriage, you can save some pain by ending your marriage instead of having an affair.

Continue Reading ››

 Posted on March 09, 2020 in Prenuptial & Postnuptial Agreements

A prenuptial agreement is a useful document to have on hand if you and your spouse ever divorce. Though preparing for a hypothetical divorce seems awkward, it can be easier to come to an agreement now on how to divide some assets than it would be during a divorce, when you may feel less inclined to cooperate. The prenuptial agreement creates a framework for a divorce agreement, which would save you some time during a divorce. However, there are limitations to what a prenuptial agreement is allowed to do in Illinois. If you create an agreement that breaks the state’s rules, then your agreement will be invalid once it comes time to use it. Here are three things you cannot do in a prenuptial agreement:

1. Settle on Parental Responsibilities and Child Support: A prenuptial agreement cannot decide how you will allocate parental responsibilities or divide child support. The parenting plan in a divorce must serve the best interests of the children. You cannot know in advance what division of parenting time will be best for the children, especially if they are not even born yet. Illinois calculates child support using a formula based on both parents’ incomes. You cannot decide that one parent would pay less child support than what they are legally obligated to pay.

   Continue Reading ››

 Posted on March 04, 2020 in Child Custody

Figuring out a parenting plan during your divorce is complicated, but there are additional difficulties if one of your children has special needs. Raising a child with special needs may require dedicating additional resources to accommodate their physical and/or mental disabilities. A parenting plan needs to account for these in its allocation of parental responsibilities and child support. Children with special needs can be more vulnerable when dealing with the changes that come with their parents divorcing.

Parenting Time

There are several factors that you need to consider when creating a parenting time schedule for your special needs child:

• If your child has physical disabilities, will both parents have a home that can accommodate them?
• Are both you and your co-parent capable of caring for your special needs child on your own?

Continue Reading ››

 Posted on February 29, 2020 in Divorce and Finances

A spouse who owns a business is capable of manipulating their income during a divorce. Reporting a lower income means that they may not have to pay as much towards child support or spousal maintenance. A business owner may intentionally lower their income leading up to the divorce through methods such as:

• Deferred compensation
• Putting more of their revenue towards business expenses
• Delaying customer payments until after the divorce

If you believe your spouse’s reported income is unusually low, you need to investigate their business and income records to see where their money is going. It is important to act on your suspicions during your divorce.

Recent Case

In the Illinois case of In re Marriage of Onishi-Chong, a woman was petitioning to revise her divorce settlement because she claimed her former husband fraudulently concealed his income. The husband is the co-owner of a financial advising company. During the divorce, the petitioner claimed that her husband’s income should be higher than what he reported, based on the following observations:

Continue Reading ››

 Posted on February 26, 2020 in Divorce

There are several factors that comprise a healthy marriage, one of which may be sexual intimacy. How important sex is to marriage depends on the couple and the stage they are at in their lives. For couples that place high importance on their sexual activity, sexual dysfunction can strain a relationship and, in some cases, contribute towards the decision to get divorced. Examples of sexual dysfunction include:

• Erectile dysfunction
• Impotency
• Sudden loss of sex drive
• Medical conditions that make physical contact uncomfortable
• An emotional trauma that causes a fear of intimacy

While you have every right to divorce because of an unsatisfying sexual relationship, you should understand all of the consequences of divorce before you make this important decision.

How Does Sexual Dysfunction Factor into Marital Law?

It is unnecessary to cite sexual dysfunction when filing for divorce because the only reason that Illinois accepts for getting a divorce is irreconcilable differences, which you do not have to explain. If you are looking to annul your marriage instead of divorce, one of the reasons you can cite is that your spouse cannot have sexual intercourse. However, you need to prove that your spouse knew about this sexual dysfunction and withheld that information from you before you married.

Continue Reading ››

 Posted on February 23, 2020 in Divorce

When your divorce has you feeling stressed or upset, it is tempting to release your frustrations on an obvious target: your spouse. Petty or spiteful behavior may feel immediately satisfying, but it can have a negative impact on your divorce, with you often paying the price. Treating your spouse poorly, at the very least, is counterproductive towards amicable negotiations. In some situations, it can affect your allocation of parental responsibilities and the division of property. Here are four examples of spiteful behavior that you should avoid during your divorce:

1. Taking Digs at Your Spouse During Negotiations: Your divorce negotiations are a time when you work out key details of your agreement. The process works best when both sides are professional and respectful towards each other. Snide comments directed towards your spouse makes them defensive and could lead to a larger argument. If you feel an urge to make such comments, it is better to stay quiet and let your attorney speak for you.

   Continue Reading ››

 Posted on February 20, 2020 in Child Custody

The Illinois Department of Children and Family Services (DCFS) is tasked with protecting children who may be victims of abuse or neglect. Thus, it must take any credible accusations seriously. As a parent, receiving a notification from the DCFS is frightening because you do not know whether you will lose the right to see your child. The stakes may seem even higher if you are accused of child abuse during your divorce. If the DCFS indicates you for child abuse or neglect, it will negatively affect your allocation of parental responsibilities.

How DCFS Cases Start

Do not assume that your spouse is the one accusing you of child abuse just because the accusation comes during your divorce. The DCFS allows anyone to report suspected cases of child abuse or neglect, and people such as teachers and doctors are required to report their suspicions. However, the DCFS requires the reporter to provide details that will make the accusation credible, such as a description of the child’s injuries, the child’s explanation for the injuries, and observations of the alleged abuser’s interactions with the child.

Continue Reading ››

 Posted on February 18, 2020 in Cohabitation

“Palimony” is a term sometimes used after a couple has ended a long-term relationship in which they lived together without marriage. There are different definitions for palimony because it is not an official legal term but a play on words using “pal” and “alimony.” The basic definition is that it is the equivalent of spousal maintenance for cohabiting couples. Some expand that definition to include each party’s right to shared properties from the relationship. Illinois residents need to know that the state does not recognize palimony as a right between unmarried couples but that they can establish property claims by creating a cohabitation agreement.

Palimony Rulings

A 1979 Illinois Supreme Court ruling on the case of Hewitt v. Hewitt is often cited as a landmark decision that set the precedent on issues such as palimony. Since the early 1900s, Illinois has outlawed common law marriage, a practice that recognizes long-term domestic partners as effectively married. In the 1979 case, the Supreme Court found that cohabitation does not grant people the same rights to property and financial support as they would receive if they had been married. The Supreme Court was asked to reconsider this ruling in 2016 with the case of Blumenthal v. Brewer but upheld its original decision. Because of these rulings, cohabitants living in Illinois have no legal claim to palimony because it would give them the same benefits as spousal maintenance.

Continue Reading ››

 Posted on February 15, 2020 in Divorce

It is common to feel eager about jumping back into the dating scene following your divorce. How soon is too soon to start dating again? Ideally, you should reach a state of emotional acceptance about your divorce, which each person achieves at their own pace. However, it is a bad idea for anyone to start dating while their divorce is still ongoing. You are unlikely to have moved past your marriage when it is technically not over. Even if you think you are emotionally ready, dating during your divorce may hurt your ability to achieve your divorce goals:

1. Your Spouse Will Be Upset: Your spouse may become more difficult to negotiate with if they learn that you are seeing new romantic partners. Even though you both know that your relationship is over, they will likely feel hurt and betrayed that you have already started dating again. Your spouse may retaliate by being more stubborn and vindictive towards you, which will make it more difficult to reach a compromise.

   Continue Reading ››