Posted on January 26, 2023 in Child Custody

A major concern within divorce cases that involve families with children is that divorce is widely known to have a significant impact on children, an impact that is rarely a positive one. As a result, issues related to child custody are navigated with the utmost seriousness, as many decisions made regarding child custody will, in all likelihood, play a major role in the development of the children involved. Many questions need to be answered when deciding which parent a child will live with once the divorce has been finalized. 

In Illinois, a court will determine the child's "best interests." Many factors go into making this decision, like the wishes of the parents, the needs and desires of the child, the physical and mental health of all the parties involved, and more. However, it is critical to state that just because a judge may listen to the wishes of the child does not mean the judge is obligated to fulfill the child's preferences. In this blog, we will look at how a child's wishes may or may not influence parenting time allocation and parental responsibilities in divorce and child custody cases. 

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 Posted on January 25, 2023 in Divorce

Regardless of whether you have recently started the divorce process or have completed the process before last year ended, you will need to think carefully as you prepare to file taxes. Notably, your filing options will depend mainly on factors such as the date of your divorce and terms of the divorce agreement. While getting a divorce is undoubtedly challenging, hiring a highly knowledgeable divorce attorney to help guide you through the process can make it as seamless as possible. 

What to Know About Married Filing Jointly

If you are still married at the end of the tax year, you may still choose to file jointly and receive the benefits, which may include a better standard deduction offered only to married couples. You may also choose to file as married filing separately. 

What to Know About Filing Single

If your divorce has been finalized as of December 31, you will be prohibited from filing married separately or jointly. If you do not have any children or dependents, you will be required to file single, although if you do have a qualifying child or dependent, you may be able to file as head of household. 

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 Posted on January 20, 2023 in Collaborative Law

When most people think of divorce, they think of high-drama courtroom proceedings, such as in critically acclaimed films about divorce, like Marriage Story and Kramer vs. Kramer. Perhaps Hollywood is to blame for the incorrect assumption that all divorces equal never-ending drama and heartache, with personal dealings spilling out in a courtroom for all to hear. However, you may be surprised that this is only sometimes the case. In fact, divorce does not need to be a dragged-out and expensive spectacle. 

A collaborative divorce is an option that has been gaining in popularity in recent years, and rightfully so. This blog will delve deeper into the various benefits of collaborative divorce and why collaborative divorce is often the preferred divorce method for so many people. If you want to get a divorce but want to save yourself the emotional turmoil that usually follows divorce and courtroom litigation, contact an experienced attorney who has dealt with collaborative divorces to help protect your rights and guide you through the process. 

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 Posted on January 17, 2023 in Child Custody

In the state of Illinois, matters related to child support are taken very seriously. Since child support directly affects the children of parents who have gone through a divorce, the courts in Illinois are often prepared to place a financial burden on non-custodial parents who have been ordered to pay child support but have failed to do so. In addition, while non-custodial parents may be held in contempt of court for refusing or failing to pay child support, cases involving failure to pay child support are often taken care of before contempt charges are filed. 

To help ensure child support payments are made, the wages of the non-custodial parent may be garnished. In cases involving wage garnishment, the employer of the non-custodial parent will be responsible for deducting a specified amount. In this blog, we will look at how exactly wage garnishment for child support works and what happens in cases where employers do not pay. If you are involved in a situation where your ex-spouse fails to make child support payments, contact a knowledgeable attorney familiar with wage garnishment when collecting child support payments. 

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 Posted on January 12, 2023 in Divorce

Deciding to get a divorce is often an extremely difficult and painful decision. This is especially true if you or your spouse are in the military. Suppose you or your spouse are an active duty service member. In that case, it is crucial to understand the considerations that will likely apply to your case as opposed to divorce cases where neither spouse is on active duty in the military. This blog will dive deeper into what you should know about seeking a divorce when a spouse is on active duty. If you ever find yourself in this position, it is essential to seek a knowledgeable divorce attorney who has worked with divorce cases involving active duty military members. 

What to Know About Statutes Protecting Military Members from Divorce Actions

It is important to know that there are laws that protect an active duty service member from being held in default for not responding to a divorce action. These types of laws exist to prevent active duty military members from getting divorced without their knowledge. Furthermore, the Soldiers and Sailors Civil Relief Act permits a court in Illinois to postpone any divorce proceedings for the entire duration of a military member's service and 60 additional days once their active service has ended. This helps prevent active duty military members from divorce while they are overseas or stationed in an area where it is difficult to respond. However, a military member can waive this right and thus have divorce proceedings begin while they are on active duty. 

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 Posted on January 10, 2023 in Domestic Violence

Sadly, domestic violence is something that takes place in so many families. Navigating emotionally turbulent situations like dealing with a divorce or issues related to your children can quickly bring out the worst in people and result in hazardous conditions. That being said, just because someone is going through a stressful time does not give them the right to commit acts of domestic violence. The safety of yourself and your children is the most critical thing; therefore, if you believe you are at risk of experiencing domestic violence or have experienced it, reach out to an attorney to set up an order of protection. 

Be advised that orders of protection are not one-size-fits-all. Different orders of protection pertain to certain situations. In this blog, we will look at emergency and plenary orders to understand how they differ from each other and whether a plenary order of protection is correct for you and your situation.

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 Posted on January 05, 2023 in Divorce

The distribution of marital property is usually among the most contentious areas of divorce proceedings. Not only can it get very complex, but people often have strong opinions about what is theirs and what is their spouse’s. In the State of Illinois, the law follows something called equitable distribution, which means that any marital assets involved in divorce proceedings are not required to be split 50/50, but must be split fairly. There comes a time in divorce proceedings when a legal ruling will be made regarding the property division. 

Once the court hands down a judgment regarding property division, the matter is considered settled. Or is it? In Illinois, there are options for individuals interested in appealing a property division judgment. However, the process for such decisions is rigorous and often requires highly competent legal counsel to appeal a property division judgment successfully. For example, suppose you are interested in appealing a property judgment. In that case, it is strongly recommended that you hire legal counsel knowledgeable in the appeals process so that your appeal can succeed. 

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 Posted on January 03, 2023 in Child Support

When most people think of child support and the associated responsibilities, they believe parental responsibility ends when their child turns 18 or graduates from high school. However, this is not necessarily true. Many parents continue that support through court-ordered child support payments requiring them to assist their child pay their college tuition. In Illinois, this is very common and is generally referred to as support of non-minor children for educational expenses. In most cases, a judge will issue this order based on the parent's financial situation and whether they can contribute to their child's college fund. 

If you are a parent and are interested in whether you and your ex-spouse could be required to contribute to your child's college expenses, consider contacting an experienced family law attorney who can help guide you through the process of ensuring you can develop a plan to help support your child so they can receive a college education

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 Posted on December 31, 2022 in Family Law

As the saying goes, “Hope for the best but prepare for the worst.” In essence, that is precisely what a postnuptial agreement is. Like a prenuptial agreement, postnuptial agreements are important legal documents illustrating how a couple’s marital assets will be split if their marriage ends in divorce or death. However, the difference between a prenuptial agreement and a postnuptial agreement is that postnuptial agreements are created after the marriage has already occurred. In this blog, we will examine three considerations when considering a postnuptial agreement.

If you are interested in creating a postnuptial agreement, do not hesitate to contact a knowledgeable attorney who will ensure your rights remain protected and respected throughout the process and that your best interests are always placed at the forefront of all decisions made. 

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 Posted on December 26, 2022 in Child Custody

When spouses with children decide to get a divorce, one of the most pressing matters that needs to be sorted out is how to ensure the divorce affects the children’s life to the least extent possible. As a result, determining parental responsibilities and parenting time becomes a critical issue, as children generally benefit from having both parents in their lives compared to only one parent being involved. In Illinois, a parenting plan becomes an essential legal document, usually created through collaborative methods, such as negotiation and mediation, signed by both parents and enforceable by law. In some cases, the parenting plan may be issued via court ruling if the parents cannot create it themselves. Regardless of how the parenting plan is completed, the legally binding plan will map out the parenting time schedule and which parent is responsible for making certain decisions regarding their children. 

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