Posted on November 17, 2021 in Divorce

When a resident of Illinois files for divorce, they must choose a venue, or county, wherein the divorce proceedings will take place. Unless their spouse objects to the choice of venue and petitions for a change in venue, the spouse who files for divorce chooses the county where the divorce will happen.

However, the spouse who responds to the initial divorce filing is not necessarily required to accept their spouse's choice of venue. If your husband or wife has filed for divorce and you believe that it would make sense to have the divorce proceedings in another county, you may want to request a change of venue.

Why is a Divorce Venue Important?

Because a venue simply refers to the court system wherein a divorce case takes place, everything related to a divorce will happen in that particular venue. Court appearances, filing documents, and even requests for modification after the divorce is over usually need to happen in the original venue. Because most couples are still living together or near one another when one spouse files for divorce, a change of venue is generally irrelevant. However, for couples in the following circumstances, objecting to a spouse's choice of venue may make sense:

Continue Reading ››

 Posted on November 15, 2021 in Divorce

The Biden Administration recently announced modifications to its Student Loan Forgiveness program for borrowers like teachers and police officers who have spent at least 10 years working in public service, making it easier to apply and get approval for loan forgiveness. But these changes impact a relatively small percentage of borrowers and leave the vast majority of student loans untouched.

Student loan debt has an outsized presence in so many young Americans' lives, and it affects everything from their ability to buy a home to their willingness to take entrepreneurial risks. Worse, when young couples get married and then get divorced, student loans can be a headache in the marital property division process. Understanding how student loans are divided in a divorce, and whether your or your spouse's student loans are likely to be considered marital property, is essential for couples considering divorce in Illinois.

Are My Student Loans Marital Property?

Continue Reading ››

 Posted on November 11, 2021 in Divorce

Although all family courts in Illinois must follow state laws, there are 102 counties in Illinois and each has a court system with minor differences in how they resolve divorce and other legal issues. Often, the county in which a spouse files for divorce can affect the divorce process and outcome of divorce in ways that filing in another county would not. Certain counties have a reputation for handling divorce in ways that may be beneficial to your case.

For this and other reasons, determining the county in which to file for divorce in Illinois - called the divorce “venue” - is an important first step of the divorce process and a crucial part of your overall divorce strategy. An experienced Illinois divorce attorney can help you ensure you can file for divorce in Illinois and help you choose a favorable venue.

Can I File for Divorce in the State of Illinois?

Before anyone can file for divorce in any county, they must be a resident of the state of Illinois. You can establish residency by living in Illinois for 90 days, or, for members of the U.S. military, by being stationed in Illinois for at least 90 days. It is legally permissible to move to Illinois for the purposes of getting divorced if you believe the state laws would be favorable to your preferred outcome. However, pursuing divorce in a particular state does not guarantee a specific outcome.

Continue Reading ››

 Posted on November 09, 2021 in Child Support

Child support payments are an important part of life after divorce. They ensure Illinois parents can share the expense of raising children in a reasonable and fair manner, and child support allows children to enjoy an appropriate quality of life following their parents' divorce.

Illinois law recognizes that children become independent adults when they turn 18 years old or graduate from high school, and child support payments are generally terminated at that time. However, some children have disabilities that prevent them from transitioning into independent adulthood right away and some children are never able to do so. For adult children with disabilities, continued child support payments can help ensure that they are cared for and given the highest quality of life possible.

How Does Child Support For a Disabled Adult Child Work?

Each family's circumstances are unique, and ongoing adult child support arrangements will depend on the needs of the child and the ability of the parents to pay. Illinois child support payments are calculated according to the “Income Shares” model. The Income Shares model uses a pre-existing formula to determine payments using both parents' income and the amount of time the child spends with each parent.

Continue Reading ››

 Posted on November 04, 2021 in Divorce

Illinois is one of the few states in the nation that has a law compelling divorced parents to contribute to their child's educational expenses after the child has turned 18 or graduated high school. For some parents, this is a gift; to others, it seems drastically unfair. In 2019, a parent challenged this law and argued that the law essentially created two classes of children because married parents cannot be ordered to contribute to their adult child's educational expenses. He also argued that he was not allowed sufficient input regarding where his child went to college. Ultimately, the Illinois Supreme Court held that the law was constitutional. For better or worse, this law stands.

For divorced parents who need to know whether they can expect to be tasked with paying their children's college expenses as part of their child support obligations, here are some basic facts.

Continue Reading ››

 Posted on November 02, 2021 in Child Support

Even parents with the best intentions may find the prospect of paying child support daunting. In addition to the likelihood of not having your children with you all the time like you did when you were married, child support payments can place a substantial emotional burden on a parent - to say nothing of the financial burden. Support that was freely given to a child must now be quantified and paid to a spouse following a divorce, and the penalties for not paying are significant.

Understanding how child support is calculated in Illinois and when parents have grounds for modifying child support payments may provide some level of comfort and predictability.

What Factors Determine Child Support Payments?

Illinois requires both parents to support their children financially. As such, child support payments are calculated using a formula that combines the incomes of both parents, determines what percent of the combined income each parent earns, and then allocates child support according to that percentage. The parent with the majority of parenting time receives child support and the parent with less parenting time pays child support. The formula upon which judges generally base child support payments is called the Income Shares Schedule, and parents can use it to get an estimate of what their payments might be. When necessary, judges have the power to deviate from the Income Shares Schedule to accommodate individual situations.

Continue Reading ››

 Posted on October 27, 2021 in Divorce

Couples who are sure their marriage has irretrievably broken down usually find that divorce is the best option. However, some spouses may not be confident that their problems are past the point of reconciliation; other spouses may be religiously or ethically opposed to divorce. For married people in Illinois who are not fully ready to commit to divorce, legal separation may be a more viable option. If you are considering ending your relationship, understanding the difference between divorce and legal separation can make it easier to make the decision that is best for you.

Divorce

The biggest difference between legal separation and divorce is that divorce is permanent. During the divorce process, spouses resolve important issues so they can move forward with their personal lives and get married again one day if they wish. The resolution of certain issues, such as agreements related to the children or spousal maintenance payments, can be modified when necessary; other issues, like the division of marital property, are final. Depending on the complexity of a divorce, as well as the ability of spouses to cooperate, a divorce can take between three months and two years to complete. The cost of a divorce can vary accordingly.

Continue Reading ››

 Posted on October 26, 2021 in Child Custody

Many reasons compel parents to move out of state with their children after divorce. A new job, living closer to family, and a desire to move away from the midwest's infamous winters all give families good reasons to relocate. But for divorced parents, there are certain procedures that must be followed before they can move children out of state. Parents who share parenting time and parental responsibilities must get permission from each other and/or the court before moving the children outside certain parameters.

When Does Moving With Children Require Permission?

Parents with the majority of parenting time who want to move with their children may do so without getting permission from the other parent or the court if their move is less than a certain distance from where they currently live. For parents living in Will, McHenry, Lake, Kane, DuPage, or Cook counties, they may move 25 miles or less from their current residence without obtaining permission. For parents in any other county, they may move 50 miles or less from their previous home, as long as the new residence is in Illinois. If the new residence is not in Illinois, such as over the state line into Indiana, the distance is shortened to 25 miles from the current residence.

Continue Reading ››

 Posted on October 21, 2021 in Divorce

Filing for divorce is never easy, but for victims of domestic violence the prospect of a spouse or partner finding out about a divorce filing could pose a serious threat. Sometimes victims are afraid to talk to anyone about their home situation - a fear backed by research showing that victims who try to leave their abuser often face severe retribution.

If you are considering divorce and want to know about your options, you may wonder if it is possible to discreetly hire an attorney without telling your spouse. In this blog, we will discuss the expectation of privacy between an attorney and a client. It is important to remember that a qualified Illinois divorce attorney is the best person to answer any questions you may have.

Are Consultations With Attorneys Protected by Client Privilege?

Generally speaking, when a prospective client is looking for legal advice or representation from an attorney, the meeting is confidential even if the potential client does not hire or pay the attorney. If there is an expectation that the conversation is private, the attorney cannot share the contents of that conversation without asking for the client's permission. This is true even if the relationship between the attorney and the client ends - and even if the client dies. Just to be safe, if you are concerned, you can confirm with an attorney that the meeting is private before sharing any details.

Continue Reading ››

 Posted on October 19, 2021 in Family Law

The Illinois Department of Children and Family Services estimates that roughly 100,000 grandparents in Illinois are raising their grandchildren. For these people, the meaning of the word “grandparent” goes above and beyond the love and care most grandparents give to their grandchildren.

When grandparents take the place of parents who are unable to care for their children, sometimes the best option is for the grandparent to adopt their grandchild. Any adoption is a long and complex process, but an experienced Illinois adoption attorney can answer any questions you may have and help make the adoption process easier.

When Can a Grandparent Adopt Their Grandchild?

Grandparents are often the natural choice when a child needs an adoptive parent because they already have a strong and stable presence in the child's life. Grandparents may adopt whether they are married, single, or divorced, but certain circumstances must be met before a child can be adopted. Both parents must be unable to care for the child due to:

Continue Reading ››