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.

Why Should You Consider Creating a Postnuptial Agreement

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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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 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 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

A guardian ad litem is a lawyer chosen by the court to represent the child. He or she examines any allegations made during the divorce proceedings that pertain to alleged parenting problems during the marriage. They may be required during the proceedings to testify or submit a report to the court in which they detail their recommendations for how best to proceed in the child's best interests. Guardian ad litem may investigate alleged domestic abuse, drug abuse, parenting insufficiencies, and more.

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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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