Posted on August 19, 2015 in Child Support

Trying to prepare for financial obligations after a divorce can be stressful. Understanding a new financial landscape can be difficult when trying to assess bills or expenses, such as rent, utilities, car payments, or health care. Preparing for that financial change can be even more challenging when a child is about to start college. College can be a major expense; according to The College Board, the average tuition at a private four-year college is $31,231 a year-and that figure does not include additional costs such as housing, food, and books. While any family preparing to send a child to college is faced with the same financial burden, divorced parents may wonder who is responsible for the cost of college.

Financial Obligations to Children

When people consider providing financial support for children after divorce, the first thing that often comes to mind is child support. According to Illinois law, child support is generally available until a child reaches the age of 18 (or the age of 19 if he or she is still attending high school) and is designed to contribute to the basic needs of the child, including food, shelter, and health care. Illinois law also allows for continued child support for children over the age of 18 or 19 if they are mentally or physically disabled.

Continue Reading ››

 Posted on August 16, 2015 in Mediation

The prospect of going through a divorce can be intimidating and stressful. In addition to adjusting to the change in the relationship, many people are concerned about going through contentious and unpleasant proceedings - particularly if there are children involved. One option for divorcing parties who want to avoid an adversarial courtroom battle is to participate in mediation.

What is Mediation and How Does it Work?

Mediation is a type of alternative dispute resolution (ADR) technique that allows parties to a legal issue, including family law issues such as divorce, to address that legal issue outside of a courtroom. The process is similar to a negotiation - where each party and their attorneys tries to reach an agreement. However, in a mediation, a neutral third-party facilitates the negotiation and works with each side to resolve any areas of disagreement. A mediator's role, as a neutral party, is to work with each side to find common ground and creative solutions. In addition, the mediator tries to work with each party to address the root issue of any disagreements and to relay and communicate information between the parties in a productive way.

Continue Reading ››

 Posted on August 14, 2015 in Child Custody

Senate Bill 57, which was recently passed by the Illinois legislature and signed by the governor, will make significant adjustments to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) beginning January 1 of next year. In addition to the changes to statutes governing divorce and custody, there have been notable changes to statutes governing support - including both child support and spousal support, or spousal maintenance.

Spousal Maintenance

Senate Bill 57 makes certain changes to the factors that are to be used by the court when determining whether an award of spousal maintenance is appropriate in a divorce action. The bill now requires the court to consider any financial obligations arising out of the divorce, the realistic present and future earning capacity of each party and any impairment of that earning capacity, parental responsibility arrangements, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each party, as well as all sources of public and private income.

Continue Reading ››

 Posted on August 12, 2015 in Divorce

Ending a marriage can be a difficult and overwhelming decision. People may be thinking about divorce as an option, but may be unsure, have personal or financial concerns, or may not be ready to file for divorce. Those who are not ready to file for divorce, but who are seeking to take some steps towards separating from their spouse, may be interested in a legal separation.

Legal Separation or Divorce?

In a divorce, the marriage is legally over. Both parties are free to marry other people. In a legal separation, however, the parties are still married. In both cases, courts can make determinations about child custody and visitation, child support, and spousal maintenance. However, courts generally only divide property in divorce.

Continue Reading ››

 Posted on August 07, 2015 in Divorce

On January 1, 2016, changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), which governs marriage, divorce, custody, and support in Illinois, will take effect. Major changes of the IMDMA update include grounds for divorce and the length of time parties need to wait before obtaining a divorce.

Grounds for Divorce

Senate Bill 57 eliminates all fault-based grounds for divorce. Parties will no longer be able to file for divorce based on impotence or infertility, adultery, desertion or willful absence, bigamy, drunkenness, drug addiction, extreme physical or mental cruelty, felony conviction, or transmission of a sexually transmitted disease. Beginning next year, only no-fault divorce is available.

While no-fault divorce had been identified as constituting the existence of "irreconcilable differences," the new law has reframed the no-fault ground as an "irretrievable breakdown of the marriage." Current law (which expires at the end of 2015) required parties to show that they were living separate and apart for at least two years, irreconcilable differences, efforts at reconciliation have failed, and further attempts to reconcile would be impracticable and not in the best interests of the family.

Continue Reading ››

 Posted on August 05, 2015 in Family Law

There are many exciting aspects of planning for a marriage. After getting engaged, many people throw parties - such as engagement parties or bridal showers, and focus on planning their wedding. They shop for dresses, meet with vendors, choose a venue, register for gifts and plan their honeymoon. Those who are not already living together before the wedding make plans to move-sometimes to a new home-for after the wedding. However, one thing that many couples avoid including in their planning is a prenuptial agreement.

Defining a Prenuptial Agreement

A prenuptial agreement is an agreement made between two parties before marriage that sets out the couple's rights and obligations should the marriage end by separation or divorce. The agreement can also include testamentary provisions - and spell out how property and assets should be distributed upon one or both parties' death.

parties or bridal showers, and focus on planning their wedding. They shop for dresses, meet with vendors, choose a venue, register for gifts and plan their honeymoon. Those who are not already living together before the wedding make plans to move-sometimes to a new home-for after the wedding. However, one thing that many couples avoid including in their planning is a prenuptial agreement.

Continue Reading ››

 Posted on July 31, 2015 in Family Law

The Illinois Marriage and Dissolution of Marriage Act (IMDMA), which governs marriage, divorce, custody, and support in Illinois, is undergoing a major overhaul. Senate Bill 57, which was passed on May 31 and approved by the governor on July 21 of this year, will go into effect on January 1, 2016 and has major implications for many aspects of Illinois family law.

"Heart Balm" Action Implications

Senate Bill 57 eliminates a category of civil actions known as "heart balm" actions, due to the idea that the person bringing the lawsuit is doing so due to a broken heart. Plaintiffs will no longer be able to bring actions for alienation of affection (an action against a third party, such as a spouse's lover or family member, for causing the breakdown of the marriage), breach of promise to marry (an action against a former partner for a broken engagement), or "criminal conversion" (an action for adultery). The Illinois Bar Law Journal noted in their findings that the general assembly pointed to heart balm action as based on antiquated notions of gender roles, and used to harass rather than to mend broken hearts.

Continue Reading ››

 Posted on July 29, 2015 in Child Custody

After a divorce, one's life changes in many ways. In addition to learning a new dynamic with an ex-spouse, it often requires learning a new dynamic with children. For many people, part of adjusting to these changes is relocating. Sometimes people relocate to be closer to family or to begin a new career. Sometimes relocation helps to "start over" or seek new opportunities in a new place, and sometimes those new opportunities are out-of-state. Those looking to relocate out of state with children have a hurdle between themselves and a big move-they are required to get an order of removal.

What Is an Order of Removal?

An order of removal is a court order that provides permission for a parent to remove his or her child from Illinois. An order of removal is not required for short trips, such as vacations, so long as the other parent agrees. It is also not required for relocation within the state; however, if a relocation within the state disrupts the custody and visitation arrangements, a judge may not allow the child to relocate.

Continue Reading ››

 Posted on July 24, 2015 in Child Custody

Going through a divorce and dealing with custody and visitation can be challenging. Parents are navigating a new family dynamic, which includes learning to co-parent with their former spouse and learning to adapt to splitting time with their children. Those challenges become even more complex when a parent and child relocate to a different state.

Custody Determinations and Modification

When custody determinations are being made after a parent has already relocated-for the first time or during a modification of existing arrangements-jurisdiction is generally determined by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA has been adopted by 49 states (including Illinois) and the District of Columbia, and is intended to standardize the way that states make and modify custody and visitation orders in order to reduce interstate conflict.

Continue Reading ››

 Posted on July 22, 2015 in Divorce

A major concern of anyone who is considering divorce is how a divorce will impact their finances. In one way or another, people have shared finances during their marriage. They may wonder how they will afford their rent, car payment, or health care expenses without a second income. In some cases, if one spouse has given up educational or career opportunities, and relied on the career and income of the other spouse, he or she may wonder how they can afford to re-enter the workforce and pay their expenses to maintain their standard of living. Alimony, or spousal maintenance, can provide some financial stability in the wake of divorce.

What Is Spousal Maintenance?

Spousal maintenance can be awarded by a court, or reached by agreement, and allows for an award of specified amounts of money to be paid from one spouse to the other. While maintenance is typically paid monthly, the maintenance can be paid in lump sum, at intervals for a specified period of time, or at intervals for an indefinite period of time.

Continue Reading ››