Posted on May 30, 2024 in Child Custody

It is common for parents who are going through a divorce in Illinois to disagree on issues in the divorce process. When these issues involve a child, a judge might appoint a guardian ad litem. Guardian ad litem is Latin for “guardian for the lawsuit,” and it is the guardian ad litem’s job to represent the child’s interests during the divorce process.

A guardian ad litem is an attorney who has received guardian child advocacy training and certification. This means that he or she is uniquely qualified to represent a child in court. A guardian ad litem can be extremely helpful in situations where parents disagree and it is hard for a judge to know what would be best for the child.

What Does a Guardian Ad Litem Do?

Once appointed, a guardian ad litem will do some or all of the following things:

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 Posted on May 28, 2024 in Property Division

In Illinois, assets that are gained by either spouse during a marriage are considered marital property. When a couple gets divorced, both spouses are entitled to a share of the marital property, with some exceptions. During the divorce process, a court will review the marital assets and divide them between the parties. This procedure is called asset division or property division. Once the divorce decree is finalized, asset division is permanent.

But what can you do if you feel the court made an error when dividing the assets? Consulting with a qualified divorce attorney would be the best course of action. Here is some information about appealing a court’s judgment on asset division.

Can I Appeal a Court Judgement on Asset Division?

You can appeal a court’s decision on asset division just like you can appeal any other court judgment. If you feel the judge made the wrong call, you can ask another court to review the decision. However, appealing on the basis of “fairness” might not get you the result you want. There are valid grounds for appealing a court decision, including:

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 Posted on May 26, 2024 in Divorce

Getting divorced in Illinois is challenging enough. Getting fired during your divorce is an incredible hardship.

Luckily, some courts understand that. If you lose your job during a divorce, contact your divorce attorney. He or she will explain how your job loss may be able to earn you some reprieve in other areas of the divorce process. This article will discuss some of those areas, such as:

• Spousal support

• Child support

• Debt division

However, keep in mind that if you want a court to be sympathetic to your job loss, you will need to explain why it happened.

Why Does the Court Care Why I Got Fired?

The court cares why you lost your job because it wants to know if you could have avoided it. Some spouses going through a divorce want to quit their jobs or get themselves fired so they can avoid having to pay child or spousal support. This strategy does not find sympathy in the eyes of the courts. Someone who genuinely lost a job and could not help it, however — such as a person who was let go in a mass layoff — might receive some compassion from a court.

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 Posted on May 20, 2024 in Property Division

When a couple gets divorced in Illinois, both spouses are entitled to marital property. Marital property refers to assets that were acquired during the marriage by either spouse, with some exceptions:

• Inheritances

• Gifts exclusively for one spouse

• Property that was acquired by using non-marital assets as collateral

During a divorce, marital property must be distributed between the spouses equally. Sometimes, a spouse tries to hide his or her assets so that they are not divided with the other party. It is illegal to hide assets during a divorce, but hidden assets are sometimes hard to find. An experienced Illinois hidden asset attorney, however, will know what to look for.

Here are three ways spouses try to hide marital assets during a divorce.

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 Posted on May 08, 2024 in Divorce

Illinois is a no-fault divorce state, which means that spouses who want to get divorced do not need to show that someone is to blame for the divorce. A court only needs to know that there are “irreconcilable differences” such that the marriage cannot survive.

Unlike some other states, Illinois divorce law does not generally care whether a spouse engaged in marital misconduct. Courts are not allowed to take such misbehavior into account when:

• Deciding how assets should be divided

• Making decisions about family maintenance, including spousal support and child support

There are certain cases, however, in which marital misconduct can impact a divorce. An Illinois divorce attorney can help you understand how your specific divorce might be affected.

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 Posted on May 03, 2024 in Paternity

When a woman gives birth in Illinois, her husband is automatically considered the legal father. This is also the case if:

• The parents divorced less than 300 days before or after the birth.

• The parents entered into any other kind of legal relationship, such as a civil union, within 300 days of the birth.

If the parents do not enter a legal relationship, however, then the law does not assume that anyone is the father. In this case, the father must declare his fatherhood and, in some cases, prove it. This is called establishing paternity.

However, if the father does not want to establish paternity, the mother can take certain steps to force paternity to be established.

This article will discuss why establishing paternity is important and how it can be done without the father’s consent. If you want to establish paternity, consult with a qualified Illinois paternity lawyer who can help you through the process.

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 Posted on April 30, 2024 in Child Custody

In some high-conflict divorces, one spouse tries to harm the other spouse with false allegations of abuse. He or she accuses the other spouse of engaging in physical, emotional, or sexual abuse against an adult or child. These allegations can affect the accused spouse in severe ways. For example:

• It can cost him or her child custody.

• He or she can receive prison time.

• He or she can be burdened with a criminal record.

Law enforcement and the Illinois Department of Child and Family Services (DCFS) are required to take every accusation seriously. If a report is made against you, an investigation will be opened. As soon as you think you are the victim of a false report of abuse, contact an Illinois divorce attorney who can help you begin crafting your defense.

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 Posted on April 25, 2024 in Child Custody

Parents who get divorced in Illinois are required by law to submit a parenting plan to the court. A parenting plan is a legal document that outlines the parameters of child custody, such as:

• Whether the parents share joint custody or if one of the parents has sole custody

• How the parents split parenting time, otherwise known as physical custody

• How decision-making responsibilities are divided between the parents

• Transportation arrangements for shuttling the child between the parents

• Parenting schedules

Hopefully, the parents will be able to communicate with each other and place the best interests of their child first. In that case, they will probably submit a joint parenting plan to the court. Otherwise, each parent must submit his or her own. Either way, a parenting plan should be created with the help of an experienced Illinois attorney. 

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 Posted on April 19, 2024 in Child Custody

Parental alienation, which is when one parent tries to interfere with the relationship between a child and her other parent, sometimes happens in hostile marriages or divorces. Parental alienation affects the child deeply and can even be viewed as a form of child abuse in Illinois. In 2013 the Illinois legislature designated the month of April as Parental Alienation Awareness Month.

Because parental alienation is a serious concern, it is also a serious accusation and has legal consequences. Make sure you know the signs of parental alienation and what actions you can take if your child is being estranged from you.

If you suspect that your co-parent is alienating your child from you, contact a qualified family lawyer in Illinois who is experienced in parental alienation matters.

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 Posted on April 16, 2024 in Child Custody

While parents and courts try to make parenting time arrangements as stable and consistent as possible, sometimes plans change. The child is then forced to adapt, which can increase confusion for a child already suffering from it.

For this reason, some parents choose to put a “first right of refusal” clause in their parenting plan. This article will discuss what a parenting plan is and why you might consider requesting the first right of refusal.

As always, it is best to consult with an experienced family lawyer if you have any questions about parenting time.

What is a Parenting Plan?

One of the things parents who are getting divorced must do is create a parenting plan. A parenting plan, according to Illinois law, is a legal document that establishes how parenting rights and responsibilities will be distributed between the two co-parents. It includes, for example:

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