Posted on February 08, 2022 in Divorce

When married couples divorce, they must address several important financial concerns. The assets and debts accumulated by the spouses during the marriage will need to be categorized, valued, and divided. According to Illinois property division laws, most assets accumulated by the spouses during the marriage are included in the marital estate. Both spouses have a right to an equitable portion of the marital estate in a divorce. However, property division is not always this straightforward.

Property Accumulated During the Marriage

As a general rule, most property acquired by either spouse is part of the marital estate. This includes wages, bonuses, commissions, tips, and any other income earned by the parties. Real estate, vehicles, and household items purchased by the couple are typically marital property. The increase in value of an asset during the marriage may also count as marital property. For example, the increase in value of a small business or a spouse’s retirement accounts will likely count as marital property–even if the asset was acquired before the marriage. It should be noted that most property accumulated during the marriage is marital property regardless of who officially holds the title to the property.

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 Posted on February 07, 2022 in Family Law

Parents who are no longer together are still expected to provide financial support to the child. Often, this is accomplished through a child support order. Whether you are a paying parent or the recipient of child support or you want to establish child support for the first time, you may have many different questions. Child support matters can be complicated. Read on to learn answers to some of the most frequently asked questions about child support in Illinois.

Who Has to Pay Child Support?

In Illinois, child custody involves two major components: the allocation of parental responsibilities and parenting time. Parenting time is the time a parent is responsible for supervising the child and attending directly to the child’s needs. The parent with the greater amount of parenting time is the recipient of child support. The parent with less parenting time pays child support.

How Much Does a Parent Pay?

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 Posted on February 04, 2022 in Family Law

As a parent, being accused of intentionally harming your child can be shocking and deeply offensive. Sadly, some parents will do whatever it takes to gain an advantage in divorce or child custody proceedings, even if it means fabricating allegations of child abuse. If your ex is lying by saying you abused your child, you may be unsure of how to handle the situation. There is no perfect strategy, and each case is different. However, there are a few steps you should immediately take if you find yourself in this situation.

Comply With Any Orders of Protection

An Illinois Emergency Protection Order is often issued on the same day it is requested and may be based solely on the petitioner’s testimony. If your spouse got an order of protection against you, the order may require you to stay away from your spouse and children. It may even require you to move out of your own home. Even if the grounds for the protection order are false, the best thing to do is to comply with the protection order for now. Getting arrested for violating the order will only complicate your case and make it harder for the truth to come out. Although it is extremely hard not to, it is crucial that you do not confront your spouse or try to see your children in violation of the order.

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 Posted on February 03, 2022 in Divorce

If you have decided to end your marriage, you may be interested in learning the next steps. Divorce laws vary from state to state and change over time. You may have heard that there is a mandatory waiting period to get divorced in Illinois. Perhaps a well-intentioned friend or family member explained to you that you have to be separated a certain amount of time before you can file for divorce or you read this information on a non-state-specific website.

In 2022, there is not a mandatory waiting period for divorce in Illinois. However, there are situations in which a separation period is needed to prove that the grounds for divorce have been met. Read on to learn more.

Illinois Separation Period Before Divorce

Once a couple has decided to divorce, they usually want the process to start sooner rather than later. If you are eager to get divorced and move on with your life, you may be pleased to learn that Illinois does not have a mandatory waiting period. That being said, one or both spouses must have lived in Illinois for at least 90 days in order to get divorced in Illinois. So, if you recently moved to the state, you may need to wait 90 days to qualify for divorce.

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 Posted on January 25, 2022 in Family Law

As a parent, it can be extremely difficult to share your child with an ex. Whether you were married to the other parent for years, or just briefly dated, child custody can be a complicated, emotionally-charged topic. To make the situation even more complicated, child custody laws vary from state to state. In Illinois, child custody is now called the allocation of parental responsibilities. Visitation is called parenting time. If you are an unmarried or divorcing parent, read on to learn how the state handles parenting time and other child-related concerns.

Divorcing Parents and Illinois Parenting Plans

If you are getting divorced, you and the other parent will be asked to write up a “parenting plan” or parenting agreement. This document will describe how you plan to divide parenting time, make major decisions about your child’s healthcare and education, and address other important child-related concerns. If you can agree to the terms in the parenting plan, you can submit a joint plan to the court for approval. If you are unable to agree on one or more issues, you will each submit your plans separately to the court.

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 Posted on January 24, 2022 in Family Law

Children are very sensitive to changes in their family. When parents divorce, children may struggle to adjust to a two-home lifestyle or become overwhelmed with emotions. They may act out at school, experience mental and physical health problems, or withdraw from their family and friends.

Because divorce and other major changes to the family unit are so hard on children, Illinois requires parents involved in family law proceedings to attend a parenting class. Read on to learn more.

Mandatory Parenting Class for Divorcing Parents in Illinois

If you are getting divorced, pursuing a paternity action, or are otherwise involved in a child-related family law dispute, you will likely be required to attend an educational course. The purpose of the course is to teach parents about how family reorganization and related changes affect kids and how to help their children cope with these changes. According to the Illinois Supreme Court, each circuit or county approves of a parenting class. The class must be at least four hours long. Unless good cause is shown, both parents are required to complete the parenting class within 60 days of the initial case management conference. The court has the authority to impose sanctions on any parent who intentionally fails to complete the parenting class. Even if your divorce is uncontested, meaning you and your spouse agree on the terms of the divorce, you will still be expected to complete the course.

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 Posted on January 21, 2022 in Family Law

Sadly, what is supposed to be a loving relationship can sometimes turn into a relationship based on threats, manipulation, and violence. Domestic violence is shockingly common across the United States. Each minute, approximately 20 people are physically abused by a spouse or romantic partner.

If you are in an abusive marriage, you are not alone. Read on to learn about some of the strategies that may help you protect yourself and your children during the divorce process.

Remember That the Abuse is Not Your Fault

Victim-blaming is a tactic that many abusive people use to try and manipulate their victims. Your abuser may tell you that his or her behavior is justified because you did something to provoke him or her. Sadly, some abuse victims start to believe this. If you are being physically, mentally, or emotionally abused, it is not your fault. You deserve to be treated with respect.

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 Posted on January 20, 2022 in Divorce

Any married person can tell you that marriage takes work. Over the years, many couples find themselves exasperated and considering divorce. Financial stress, child-related concerns, infidelity, and countless other issues can harm a marriage relationship. However, it can be difficult to know when a marriage is truly beyond saving. This is why many married couples agree to a “trial separation” before deciding whether or not to get divorced. If you are thinking about a trial separation, keep the following things in mind.

Being Separated and Being Legally Separated Are Two Different Things

The term “separated” is often used to describe a situation in which a married couple is living separately but has not yet begun divorce proceedings. Usually, when couples talk about a trial separation, they are referring to an informal agreement to live separate lives for a certain period of time. This situation should not be confused with a legal separation.

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 Posted on January 17, 2022 in Divorce

Separating finances is often one of the most complicated parts of the divorce process. Because the division of assets and debts can have such a significant impact on spouses’ post-divorce future, it is also often one of the most contentious aspects of the divorce process. If you are getting divorced in Kane County, it is important to understand how marital property is divided according to Illinois law.

Dividing Property and Debts During Divorce

Countless factors influence the complexity of the property division process, including the spouses’ ability to agree. If you and your spouse are on relatively good terms, you may be able to reach a property division settlement outside of court. Your respective lawyers can help you negotiate the terms of your property division arrangement if you and your spouse struggle to reach an agreement on your own. If you are unable to reach an agreement or settlement, the court will determine how to divide property for you. Illinois courts divide marital property according to a principle called “equitable distribution.”

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 Posted on January 14, 2022 in Prenuptial & Postnuptial Agreements

Throughout the past 100 years, the way we think of marriage and divorce has changed dramatically. Divorce was once seen as a taboo. People stayed in unhappy or even abusive marriages indefinitely – even when doing so harmed them or their children. Fortunately, things have changed. As divorce becomes more accepted in society, many married couples are choosing to use prenuptial agreements and postnuptial agreements to protect their financial interests in the event that the marriage does end in divorce. Read on to learn about the potential benefits of a postnuptial agreement, when a postnup is appropriate, and how you can get help with creating a postnuptial agreement.

Protecting Financial Interests and Planning for the Future

Postnuptial agreements are virtually the same thing as prenuptial agreements, the agreement is just signed after the couple is married. There are countless reasons a couple may choose to sign a postnup. Often, couples choose to sign a postnuptial agreement because they have accumulated significant assets or debts that they want included or excluded from the marital estate. A postnuptial agreement is also a useful tool when a married person has children from a previous relationship. If you have a blended family and you want to ensure your children receive certain assets when you pass away, a postnuptial agreement can help you accomplish this goal.

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