Posted on February 22, 2022 in Divorce

Mediation is often ordered by Illinois family court judges because of its remarkable effectiveness in helping divorcing couples solve issues like parenting time, asset division, and spousal support. Yet while mediation or other alternative dispute resolution strategies keep most divorces from being litigated in court, there are certain situations in which mediation may not be sufficient or even safe. Here are three situations that may make divorcing spouses think twice about hiring a mediator. 

Abuse or Domestic Violence 

When relationship abuse occurs in the form of mental, physical, or emotional violence, it can be impossible to negotiate in good faith. One spouse may never be able to trust the other spouse and the abusive spouse may even use mediation as a tool of manipulation. While abuse can vary in its effect and intensity, warning your attorney and the judge who oversees your case that you fear abuse in mediation can help protect you from a judge ordering mediation when it could be unsafe.  

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 Posted on February 17, 2022 in Family Law

Thanks to an increase in awareness and treatment options, mental illness is being diagnosed and treated at a higher rate than it has been in the past. Many mental illnesses are now better understood and much of the stigma surrounding them has dissipated as public understanding has increased. 

Yet certain mental illnesses are still more disruptive than others, and this is particularly true when the person who suffers from a mental illness is also a parent of young children. In Illinois divorces or custody disputes, both parents’ mental health may be scrutinized carefully and their personal problems dissected in what can feel like a very public manner. If you are struggling with mental illness and wondering whether a psychological evaluation could be used against you, read on. 

What Kind of Psychological Examination Can Be Ordered? 

When the best interests of a child are in question, a judge may order a thorough mental health evaluation. A trained, qualified, and unbiased medical professional will conduct interviews, assign questionnaires, and request meetings to talk about your thoughts and feelings. They may request your mental health history, including past records of treatment or hospitalization, and may want to observe your behavior over an extended period of time. 

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 Posted on February 15, 2022 in Family Law

An interesting and complex area of child development has recently gained significant attention in news media and family law: Gender identity in minor children. Every day, it seems that there is new research and information on appropriate parental responses to this challenging situation, and parents often have conflicted or confused feelings about which approach they want to take. 

This can be especially problematic when Illinois parents are divorced and share parental responsibilities. One of the most important areas of parental responsibilities is that of a child’s health care. Because transgender or gender nonconforming children often seek gender-reaffirming treatments like hormone therapy or surgery, parents are confronted with a tough choice about which they may strongly disagree. If you have a child who is struggling with their gender identity, you may want to learn more about how this could impact your parenting strategy. 

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 Posted on February 10, 2022 in Divorce

Couples in Illinois frequently get divorced because of arguments about finances. While differences in financial behaviors may not come out for many years, ultimately these problems can destroy a couple’s savings and hopes of retirement. Unfortunately, just because spouses initiate divorce does not mean that reckless spending automatically stops. If you are divorcing a spouse who is likely to continue harming your assets during the divorce process, you may want to consider a financial restraining order for the following reasons. 

You Want to Protect Your Assets

Spouses in Illinois who are worried about financial waste or misuse can get a temporary restraining order until a couple’s marital assets can be divided fairly. While financial restraining orders cannot completely stop a spouse’s spending, they can prohibit a spouse from hiding, giving away, or spending money or property that is not necessary for everyday living. 

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 Posted on February 08, 2022 in Family Law

After an Illinois divorce involving children under the age of 18, one parent is usually ordered to pay the other parent child support. While both parents’ incomes are taken into consideration for the purposes of determining child support payments, it is generally the parent with the majority of parenting time who receives child support payments. 

Life with children changes frequently and the parent receiving child support may be sensitive to the idea of receiving more support when it would benefit the children. He or she may want to keep track of their ex-spouse’s income and petition the court for an increase in child support if the ex gets a raise. But not every raise is an automatic guarantee of increased payments. If you are receiving child support in DuPage County and believe your child’s other parent got a raise and should be paying more, this blog may be helpful to you. 

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 Posted on February 03, 2022 in Divorce

Spousal maintenance, also known as alimony or spousal support, is an essential part of many Illinois divorce decrees. When married spouses shared a standard of living, especially when a spouse forewent career opportunities to provide a family’s childcare and housekeeping, one spouse will frequently have to pay the other spousal maintenance. 

As with child support, spousal maintenance payments are generally determined by state guidelines that depend on both spouses’ income. Some situations, however, allow judges more leeway in terms of how much payments will be and how they will be allocated. Before 2019, there was one particular type of maintenance available: Unallocated maintenance. While unallocated maintenance is no longer granted in divorces, some people in Illinois are still making or receiving unallocated maintenance and may wonder if the change in the law has implications for them. 

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 Posted on January 27, 2022 in Divorce

 Divorcing parents in Illinois have to manage a myriad of complex issues: Child support, asset division, spousal support, and more. While every divorce is different, many parents will agree that designing a parenting plan is one of the most challenging aspects of divorce. If you have children under the age of 18 and are pursuing divorce in Illinois, here are five things you will need in your parenting plan. 

Basic Details About You and Your Children

Every parenting plan must describe specifically to whom the plan applies. You will need information about your children, including their dates of birth and primary address. You must also include your and your spouse's information, such as work and home contact numbers. If you cannot find your spouse or do not know their contact information, seek assistance from a divorce attorney. 

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 Posted on January 25, 2022 in Divorce

In many cases, Illinois divorce courts treat stock options as marital property for the purposes of dividing assets in a divorce. The Illinois Marriage and Dissolution of Marriage Act explicitly states that when stock options have been given to a spouse during the marriage, they are marital property - whether they are unrealized or whether their value is even knowable. 

If stock options are marital property, they must be divided equitably in a divorce. This presents some complications, not only because of the difficulty in ascertaining stock option value but because the proceeds of the stock options must be allocated to each spouse when they are exercised. If you anticipate dividing stock options in your Illinois divorce, read on. 

Options for Dividing Unrealized Stock Options

There are essentially two options for dividing the value of unrealized stock options. First, the court can wait to divide the stock options until they are exercised in the future; or, the court can divide the option during the divorce and make spouses wait to receive their portion until the option is exercised. Courts and spouses may also want to receive some other marital property of equal estimated value, although this can be something of a gamble as the value of an unrealized stock option is difficult to estimate. 

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 Posted on January 20, 2022 in Divorce

Parents often feel strong negative emotions towards each other after a divorce or separation. Even if parents were never married, co-parenting is a stressful endeavor and one parent will sometimes try to keep a child away from their other parent. Illinois law has strict guidelines prescribing when a parent can move out of state with a child, but what if a parent simply decides not to follow the rules and moves out of Illinois without asking permission from the court or the child’s other parent? Is it technically possible for one parent to kidnap their child with an improper child relocation? 

Violating a Parenting Plan Can Lead to Legal Consequences in Illinois

No matter what the violation entails, parents who violate the terms of their parenting plan can be held in contempt of court. Parenting plans are intended to be enforceable so parents cannot simply do whatever they want, especially if it would be bad for the child. 

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 Posted on January 18, 2022 in Divorce

 Child support provides crucial financial assistance to Illinois parents who are raising children, often with very little help from their child’s other parent. When one parent refuses to pay child support or hides income to try to lower the amount of support they owe, it can cause enormous difficulties. The parent who needs to make up the financial difference suffers, but, perhaps more importantly, the child can suffer a diminished quality of life through no fault of her own. 

If you are getting divorced and have a hunch that your spouse may be hiding or manipulating their income to avoid paying child support, an experienced Illinois family law attorney may be able to help. Here are some signs to watch out for that may indicate warning signs of hidden income, as well as steps you may be able to take to find hidden income. 

How Do Spouses Hide Income to Avoid Paying Child Support? 

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