Posted on July 24, 2023 in Child Custody

In Illinois, when it comes to custody decisions, there are certain factors that the court takes into consideration to determine what is in the best interests of the child. While the perspective of the child may not be the sole deciding factor, Illinois law recognizes that the child's wishes are important and, therefore, ought to be considered. If you have questions regarding custody or any matters related to family law or divorce, contact an attorney to ensure you are able to make well-informed decisions regarding your legal rights.

What Does the Law in Illinois Say?

Regarding custody decisions, the court's greatest concern is preserving the child's best interests. The best interest of the child standard encourages the involvement of both parents in the child's life and prioritizes the child's physical, emotional, and mental well-being.

Additionally, the child's age and maturity level play a significant role in how much weight is given to their preferences. Illinois law does not explicitly state a minimum age at which a child's preferences may be considered. Still, the court generally takes into account the child's developmental state and their ability to articulate their wishes. It is more common for older children, typically those in their teenage years, to have their voices heard.

Continue Reading ››

 Posted on July 20, 2023 in Alimony

In a divorce, the court aims to ensure that both parties can maintain a reasonable standard of living, especially when one spouse has a disability. Today, we will seek to provide a comprehensive understanding of whether a disabled spouse will be granted lifetime alimony in an Illinois divorce, incorporating various factors considered by the courts in such cases. If you are getting divorced and are concerned about alimony determinations or anything else related to your divorce, contact an experienced divorce lawyer to represent you throughout your divorce case.

Defining Alimony and Disability

In Illinois, alimony is most often referred to as “spousal maintenance.” Spousal maintenance refers to the financial support one spouse provides after a divorce. The court has broad discretion in determining maintenance awards. Disability, on the other hand, is defined as a physical or mental impairment that substantially limits one or more major life activities. Disability can significantly impact an individual's income-earning potential, resulting in a potential need for lifetime alimony.

Continue Reading ››

 Posted on July 17, 2023 in Divorce

Divorce is a complicated process, often filled with deep emotions and sadness. On top of divorce's typical complications, when both spouses serve in the military, there are additional factors that come into play that must be addressed. Today, we shed light on essential considerations that divorcing military couples in Illinois should be aware of in order to ensure the process can be as smooth as possible.

If you are a military member getting a divorce, you need experienced legal guidance from an attorney who understands the divorce process for armed forces members. Contact a divorce lawyer to ensure your legal needs are met and that you have a legal advocate in your corner throughout proceedings.

Residency Requirements for an Illinois Military Divorce

For any divorce in Illinois, especially in the early stages, residency requirements are important. The Illinois Marriage and Dissolution of Marriage Act states one spouse must be stationed in or reside in Illinois for a period of at least 90 consecutive days before filing for divorce.

Continue Reading ››

 Posted on July 12, 2023 in Property Division

When a couple of modest means decides to divorce, they can expect a fairly complicated process, particularly when it comes time to divide assets. However, when a couple with significant assets gets a divorce, everything that is complicated about a divorce where the couple has “average” assets is amplified significantly. In a high-asset divorce, the stakes are higher, and the complexities often require specialized legal knowledge. Today, we will be discussing what is most important to know regarding high-asset divorce cases. If you are looking to dissolve your marriage and you and your spouse are coming to the table with significant assets to divide, contact an attorney with knowledge in this area so they can assist you with the unique challenges involved in such cases.

Defining a High-Asset Divorce

A high-asset divorce typically involves significant financial holdings. Though there is no universally accepted threshold for what qualifies as high-asset, couples with a combined net worth of one million dollars and up are often considered a part of this category. High-value assets such as real estate, businesses, investments, retirement accounts, stocks, and luxury items are all common aspects of cases involving high-asset divorces.

Continue Reading ››

 Posted on July 10, 2023 in Child Custody

Child custody battles can be emotionally and legally challenging for all parties involved. It is a common misconception that Illinois courts automatically favor mothers in custody proceedings. While historically there may have been a preference for maternal custody, modern legal practices prioritize, first and foremost, the best interests of the child. Today, we will explore the factors Illinois courts consider when determining custody arrangements while also debunking the idea of a “mother bias.” Work with your attorney to learn more about what you can do to ensure you have a favorable chance at receiving the custody arrangement most desirable to you and best for your child.

Legal Standards and Considerations

First, courts in Illinois do not care what the gender of the parents is when determining custody arrangements. Instead, the guiding principle behind all decisions relating to children is what is in their best interests. Courts evaluate a variety of factors to reach a fair and just decision, including parental caretaking, history of abuse or neglect, the mental and physical state of each parent, as well as the child's educational and day-t0-day needs.

Continue Reading ››

 Posted on July 06, 2023 in Divorce

One of the key aspects of filing for divorce in any state is meeting the residency requirements. In Illinois, these requirements determine whether you have a legal basis for filing for divorce in the state. Understanding the residency requirements is crucial to ensure a legally binding divorce. Today, we will delve deeper into the specific residency qualifications for Illinois, as well as other criteria required for divorce in the state, and how a divorce attorney can benefit you as you begin this important process.

Residency Requirements for Divorce in Illinois

Here is what you need to know, including:

• Residency duration – To file for divorce in Illinois, either you or your spouse must have lived in the state for at least 90 days preceding the filing. This means that the divorce can be initiated within the state as long as either spouse meets the residency duration requirement.

• Establishing Illinois residency – If you and your spouse have recently moved to Illinois and wish to divorce, it is important to take certain steps to establish residency. This process can be accomplished in several ways, including by obtaining an Illinois driver's license or state identification card, registering to vote in Illinois, or upgrading your mailing address to an Illinois address.

  Continue Reading ››

 Posted on June 30, 2023 in Divorce

A divorce case can be a complex and emotional affair, particularly if there are disagreements over important issues like property division, alimony, child custody, and more. Sometimes, parties involved in divorce proceedings are unable to come to a mutual agreement about certain issues; therefore, it may be necessary to present or question witnesses to determine important factors of the case. It is essential to understand what situations, in particular, may warrant testimony from a witness. If you think witnesses may be relevant to your case, discuss with your divorce attorney whether witness testimony may help or detract from your goal of obtaining a favorable case outcome.

Witness Testimony in Divorce Cases

Here are some examples of when witnesses may be relevant to a divorce case, including:

Continue Reading ››

 Posted on June 26, 2023 in Divorce

In the state of Illinois, both parents are generally entitled to access and visitation rights under family law. Unfortunately, there are circumstances where a parent's right to visitation can be revoked when it endangers the welfare and safety of the child. If you are currently the custodial parent of a child and believe the non-custodial parent is a threat to the best interests of the children involved, contact a child custody attorney right away to understand your legal options at this time. Your attorney will help ensure steps are taken to safeguard the well-being of any children involved in the situation.

Reasons Why Visitation Rights Could Be Revoked

Such examples may include the following:

• Child abuse and neglect – If a parent or any party living with the parent is abusive to the child, either mentally or physically, this will likely be seen as a reason to revoke visitation rights. Abuse or neglect can manifest in many ways, such as physical or emotional abuse, starvation, psychological abuse, and more. Any of these examples will likely prove to the court that the abusive parent is unfit to maintain their parental rights.

Continue Reading ››

 Posted on June 22, 2023 in Alimony

In Illinois, divorce decrees are legal documentation of a divorce settlement that provides both parties with an agreement on how they will divide their assets and debts and decide issues such as child custody, child support, and spousal maintenance. When a divorce decree is established, the terms set out within it serve as the legal outline of how the obligations of either party to the agreement will continue. One such of these obligations is spousal support, which is affected by remarriage in Illinois.

To ensure you understand how your divorce decree will be affected by you or your spouse remarrying, contact an experienced divorce attorney to ensure you completely understand the ways a remarriage will affect your divorce decree.

What You Need to Know About Spousal Support and Remarriage

When a receiving spouse remarries in Illinois, both spousal support and maintenance obligations end based on statutory stipulations. If the paying spouse remarries, their obligation to send alimony to their ex-spouse does not end. A receiving spouse in Illinois is expected to promptly and diligently notify their ex-spouse of their marriage. In cases where someone receiving payments gets remarried and fails to notify their ex-spouse, the paying spouse may be entitled to reimbursement of spousal support obligations once they are made aware of their ex-spouse's remarriage.

Continue Reading ››

 Posted on June 20, 2023 in Child Support

If you have lost your job in Illinois and are currently paying child support, you may be wondering if you are still required to make those payments. Ultimately, losing your job does not automatically stop or reduce your child support obligations. However, there are steps you can take to modify your child support order with the court. If you are seeking legal assistance with this matter or other issues related to divorce or family law, contact a child support attorney today for assistance with requesting a modification of your child support order.

What You Need to Know About Modifying Child Support Orders

One of the key factors involved in determining child support payments is the income of the paying parent. If you have lost your job, your income has likely changed significantly, and it may be difficult or impossible to continue to make the same payments. In Illinois, you can petition the court to modify your child support order if a significant change has taken place, such as losing your job.

Continue Reading ››