Posted on December 21, 2022 in Divorce

People may be surprised to learn that Illinois Family Law encompasses more than divorce, but also includes annulment and prohibited marriage as well. Depending on the circumstances of your marriage, your marriage may qualify for an annulment on the basis that you entered into a prohibited marriage. Since family law can be challenging, strongly consider consulting with an experienced Illinois family law attorney so that any questions regarding your marriage can be answered and, if necessary, you can lawfully exit the marriage. 

Difference between Divorce and Annulment

It is essential to understand that divorce and annulment are separate. In Illinois, an annulment means that the marriage was never valid in the first place. Therefore, the court treats the marriage as if it never actually occurred. Understand that the annulment of a marriage is not a legal separation but rather a way for two people with an invalid marriage to depart the marriage lawfully. For a marriage to be declared invalid in Illinois and thus qualify for an annulment, a Declaration of Invalidity can be filed by either partner in the invalid marriage, an attorney for the state, a child of either party or the legal spouse when a bigamous marriage has taken place. Bigamous marriages are when someone enters a marriage while legally married to someone else. 

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 Posted on December 20, 2022 in Child Support

Losing your job and reliable source of income can turn the world of even the most financially savvy person upside down. This is especially true if you have recently gone through a divorce and have child support payments that need to be kept up with. If you have lost your job, you are likely wondering how you will be able to keep up with these payments. Fortunately, under challenging periods such as after a job loss, it is possible to modify monthly payments so that you can keep up with payments and provide for your children. If you have lost your job and want to inquire about modifying child support payments, contact a knowledgeable attorney to help you through the modification process to ensure your and your child’s needs are protected.

What is the Law in Illinois Regarding Child Support Modifications? 

In Illinois, when a couple with children goes through a divorce, the law stipulates that modifications can be made to child support payments if either spouse experiences a significant change in income, such as losing their job or an involuntary decrease in their salary. The court will examine your updated circumstances and then may move forward with granting a reduction in child support payments. Notably, the newly calculated payments will be retroactively established on the date you requested the modification of your child support payments. During this time, payments must continue to be made at the original level. Once the child support modifications have been approved, you can begin paying the new amount. 

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 Posted on December 15, 2022 in Property Division

Credit card debt is an issue for so many people across the United States. You may be shocked to learn that in 2021, a typical American's average amount of credit card debt was $5,525. If not taken care of proactively, credit card debt can significantly hinder people financially. Sometimes, debt may be carried for years and become a tremendous burden.

While credit card debt is an issue for most Americans, it becomes an even bigger issue in the event of divorce. If you and your spouse are pursuing a divorce, you may be interested in what happens to credit card debt. If you are getting a divorce and are concerned about how credit card debt will be handled, consider contacting a knowledgeable Illinois divorce attorney who will ensure your rights remain protected throughout the divorce process. 

How Is Credit Card Split in Illinois Divorce? 

Understand that if the credit card debt were acquired during the marriage, the creditor would likely cite you and your spouse as the party responsible for it. On the other hand, if either spouse incurred the debt before they became married, the debt is likely to be considered personal debt and must be paid for by whoever bought the items.

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 Posted on December 13, 2022 in Child Custody

When spouses decide to pursue a divorce, various issues must be resolved before the divorce is finalized. This is especially true if the divorcing parties have children. To ensure that their children can still enjoy as normal a childhood as possible with the involvement of both parents, parents often elect to create a comprehensive parenting plan which acts as the blueprint for how they plan to parent their child or children once the divorce is finalized.

In Illinois, parents have 120 days from filing a petition for the allocation of parental responsibilities to submit a comprehensive parenting plan to the court. Parents may elect to submit a parenting plan jointly or separately. Within this parenting plan exists a schedule for parenting time. Many different variables must be considered when figuring out how to determine the best parenting time schedule. To help ensure the creation of a parenting schedule is as smooth as possible, consult with an experienced Illinois parenting time attorney who can help ensure the process of creating a valid parenting schedule goes as smoothly as possible. 

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 Posted on December 09, 2022 in Property Division

Few people know how challenging and complex the financial side of a divorce truly is. There are so many financial considerations that need to be made when a divorce is taking place. If the divorcing parties have children, which parent will pay child support? Or how will the distribution of marital property be handled? All of these financial questions and more arise when going through a divorce.

During divorce proceedings, an incredibly challenging subject and often an area of contention is whether each spouse is truthful regarding financial information. The situation can become even more complicated if one spouse acts in a way that causes financial harm to the other. For example, suppose you are getting a divorce and believe your spouse is recklessly indulging themselves in expenditures unrelated to the marriage, like using money to fuel a gambling or drug addiction. In that case, you may be able to file for a dissipation of assets claim. To understand how to proceed while ensuring your rights and best interests are protected, contact an experienced divorce attorney who has worked with cases where the dissipation of assets was a factor during divorce proceedings.

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 Posted on December 08, 2022 in Child Custody

Divorce can be quite costly, both financially and emotionally. This is especially true if you and your spouse have children. In addition, divorce can be challenging and confusing for children, who are too young to understand the complex nature of adult relationships. Therefore, to minimize the effect of a divorce on children, understanding their needs is essential to help ensure the process is as least traumatic as possible.

You may have heard of "guardian ad litem" and "child representative." However, have you ever heard of a child specialist? This blog will explain what a child specialist is and how they may be helpful in your divorce case. If you are getting a divorce and have one or more children, contact an experienced Illinois divorce attorney to learn how best to protect your children during the divorce process. 

Defining Guardian Ad Litem, Child Representative, Child Specialist, and Understanding Their Differences

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 Posted on November 29, 2022 in Child Custody

Children are often caught in the middle of divorce proceedings, causing more significant amounts of stress to the divorcing parties. When parents get divorced, parents are often concerned that the divorce will disrupt their children's lives. To alleviate the burden of the impending divorce, parents must create a parenting plan. Within a parenting plan, topics like the allocation of parental responsibilities and parenting time guidelines are set so that once the divorce is finalized, the children's lives will be as stable as possible. 

Parenting plans are essential in ensuring that each parent will play a role in their children's lives. However, what happens when one parent is supposed to watch the children but, for whatever reason, is unable? Parenting plans may prepare for this scenario through a “right of first refusal.” If you are getting divorced and have children, consult with an experienced divorce attorney who is well-versed in the creation of parenting plans so you can have the peace of mind that once your divorce is official, your children's life will go on with the guidance and support of both parents. 

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 Posted on November 23, 2022 in Property Division

It is often said that there is nothing more challenging and contentious than getting a divorce. While divorces are often emotionally taxing, the financial implications of a divorce can be even more devastating. As a result, topics such as the division of marital property can be highly combative. Not only can the matter be contentious, but it can also be deeply complex. 

Of all the financial issues during a divorce, figuring out what happens to the marital home can be incredibly challenging. While it is not guaranteed that the marital home will need to be sold, it is usually brought to the table and discussed. Assuming both spouses own the house, they can either sell the home or stay in the home and deciding who gets to stay is tough. If you are seeking a divorce and the division of marital property is an issue relevant to your case, consult an attorney who can protect your rights and walk you through the pros and cons of selling the marital home. 

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 Posted on November 21, 2022 in Divorce

In the early stages of divorce proceedings, the petitioner, or the party who files for divorce, must submit a Petition for Dissolution of Marriage. The individual who is served divorce papers, also known as the respondent, is then given the opportunity to reply to the divorce petition and participate in the divorce proceedings. During this period, the respondent may take issue with some of the petitioner's choices concerning matters such as the division of marital property, child custody, or other matters. The petitioner and respondent can negotiate terms to try and reach a settlement with help from their attorneys.If a settlement cannot be reached, the divorce case then progresses to a trial where a judge will handle unresolved issues. 

However, what happens if the respondent relinquishes their opportunity to partake in the divorce, refuses to respond, or cannot be located? In this situation, the court can choose to enter something called a default judgment. If you are getting a divorce and have reason to believe your spouse may not be willing to participate in the proceedings, do not hesitate to contact an experienced divorce attorney who has knowledge of divorce cases involving default judgments. 

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 Posted on November 17, 2022 in Divorce

No matter how long spouses have been together, getting a divorce can be painful and rife with emotional anguish and sadness. For most marriages to work, there needs to be a foundation of trust and honesty to which each spouse adheres to. Unfortunately, trust and openness can rapidly erode when a marriage breaks down, and the possibility of divorce is brought to the table. 

Aside from the emotional implications, the financial consequences of a divorce can be challenging to deal with and accept. In essence, marriage is a financial partnership. As a result, when divorce proceedings begin and finances need to be distributed, people may resort to hiding assets from their spouse to prevent them from falling into their spouse's hands. If you are getting divorced and believe your spouse may be hiding assets, consider hiring an experienced divorce attorney with knowledge and experience with forensic accounting. This service can be implemented to identify assets your spouse may be hiding from you. 

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