Posted on October 14, 2021 in Divorce

Illinois courts prefer couples to work together and resolve issues in their divorces without extensive trial litigation. Mediation and collaborative divorce can be helpful ways to do this, but they are not effective for everyone. This is especially true if one spouse is the victim of domestic violence. Domestic violence is tragically still present to a substantial degree in Illinois, and for many families, Covid made the situation worse. Domestic violence-related issues in divorce, including physical violence, threats, and manipulation, usually cannot be handled with mediation, and require the help of an Illinois family court.

Am I in an Abusive Relationship?

Domestic violence can take many different forms, but it can affect anyone. Common types of domestic abuse include:

• Sexual or reproductive abuse - Sexual abuse in a marriage takes place when one spouse forces the other to participate in unwanted, dangerous, or humiliating sexual behavior. This can happen concurrently with consensual sex, which can complicate the feelings of the victim. Some spouses will also manipulate the use of birth control to compel the other spouse to have a child without their consent.

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 Posted on October 12, 2021 in Divorce

Significant achievements in technology and a surge of do-it-yourself sentiment have made all kinds of things available for people in ways they have never been before. People now do their own home improvements, grow fruitful gardens in small spaces, and make food at home that easily beats most restaurants.

With these trends, a proliferation of do-it-yourself legal technology has also become available. From the comfort of your own office, you can write a prenuptial agreement, create a will, and even get divorced using online software. But does that mean you should? Online legal services promise a quick, easy, and inexpensive solution to getting divorced, but they often overpromise and underdeliver. Here are some things to consider before you use one to get divorced.

Online Software Cannot Replace an Attorney's Advice

No two divorces are alike. Using a one-size-fits-all method to address your divorce could leave several important issues unaddressed. Although you may have a prenup and few shared assets, and therefore think your divorce could be quick and easy, you may be surprised to discover that your spouse is fighting the prenup and that the court finds it invalid. Then what are your options?

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 Posted on October 07, 2021 in Divorce

Establishing the paternity of the child born in Illinois is an important legal process that can benefit everyone. The child's father needs to know he has a child, the mother often needs help financially supporting a child, and a child deserves a relationship with both of her parents.

Sometimes, however, the mother may struggle to officially establish paternity because the alleged father does not want the responsibility of having a child and is avoiding paternity testing. Illinois law provides help for mothers in this situation.

How Can I Prove Paternity in Illinois?

When a couple is married, Illinois law presumes the husband to be the father. However, when two people are not married, things are a little more complicated - even if they are in a relationship. The easiest and most common way of establishing paternity is by having both parents sign a Voluntary Acknowledgement of Paternity (VAP). This is frequently done at the hospital when the child is born, so both parents can be listed on the child's birth certificate, but both parents must be present and agree to have each other sign the VAP.

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 Posted on October 05, 2021 in Divorce

There is never an ideal time to get divorced, but getting divorced while one spouse is deployed poses particular challenges because there are specific laws that apply to military divorces that do not apply to civilian divorces.

In this blog, we will discuss some of the most common questions people have about getting a military divorce in Illinois. Keep in mind that this is not intended to be legal advice and that an experienced Illinois divorce attorney is the best source for answers to your questions.

How Do I Establish Residency for a Military Divorce in Illinois?

Requirements for proving residency in Illinois are largely the same for military and non-military couples. To file for divorce in Illinois, one spouse must either be residing in Illinois for 90 days or be stationed in Illinois for 90 days.

How Does Illinois Law Protect Active Duty Military Members?

If one spouse could file for divorce using normal procedures while the other spouse was deployed, this could put the deployed spouse at a significant disadvantage. Illinois law provides certain protections for active duty military members to ensure the divorce process is fair.

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 Posted on September 30, 2021 in Divorce

Crime novels and action films are rife with overseas bank accounts and luxury properties, where criminals hide money and conduct their nefarious deeds with little or no consequences. While much of the public awareness about international assets is based on fiction, there are real overseas assets and they play an important role in Illinois divorces.

Absent a valid pre- or postnuptial agreement, spouses with overseas assets must divide them just like any other asset in the marital property division process. And while most owners of foreign assets are a far cry from the criminals of pop culture, it is true that offshore assets are often used as a resource for spouses who want to hide money during their divorce.

Spouses Hiding Marital Property Overseas

When a spouse is suspected of hiding assets overseas, a team of competent investigative financial experts is often required to find and value the assets. Together with attorneys who understand how federal, local, and international divorce law can influence the property division process, spouses can utilize the help of these professionals to obtain the true value of their marital property to which they are entitled.

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 Posted on September 27, 2021 in Divorce

Getting divorced is never easy under any circumstances, but it can be especially difficult as a homemaker. Although homemakers spend all day, every day, doing the work that keeps the household running, they are not formally financially compensated for this work. This can leave homemakers or stay-at-home parents in a tricky situation when it comes to divorce and its expenses.

If you are a homemaker or stay-at-home parent in Illinois and you are thinking about divorce, here are a few things to keep in mind as you plan ahead. Remember that a qualified Illinois divorce attorney is the best source for accurate information.

Request Interim Spousal Maintenance

Spousal maintenance - formerly known as “alimony” - can be paid from an employed spouse to a non-employed spouse during divorce proceedings. This is known as interim spousal maintenance, and it exists to ensure that people - generally women - are not stranded in a marriage because they fear they cannot afford the cost of getting divorced. It also helps support household expenses and the needs of any children during divorce proceedings.

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 Posted on September 23, 2021 in Divorce

Among the most important factors someone must manage in their divorce is their overall financial picture - both now and in the future. It is crucial to make decisions during divorce that will protect you even many years after the divorce has ended.

One frequently overlooked part of a divorcee's finances are their Social Security benefits. These benefits are often forgotten or not addressed because, unlike other retirement resources such as 401k or Roth IRAs, Social Security benefits are not subject to the property division process.

Nevertheless, understanding whether you are entitled to Social Security benefits as a result of your spouse's work history is important for financial security in retirement. Federal law allows for circumstances in which one spouse can claim benefits based on their former spouse's employment record.

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 Posted on September 15, 2021 in Family Law

Illinois couples and individuals considering adoption have many things to think about. How long will the process take? Which type of adoption is right for us? How will life change after the adoption is complete and a new child comes into our lives? In addition to other challenges potential adoptive families may face, the odds can seem overwhelming.

In this article, we will look at the five different types of adoption available to parents in Illinois. Each option has benefits and drawbacks, and it is important to discuss your situation with a qualified Illinois adoption attorney who can help you decide which type of adoption is right for you.

Private Adoption

Sometimes called an “independent,” “non-agency,” or “unrelated” adoption, private adoptions occur when the adopting parents have no prior relation to the child and an agency is not involved. Parents hoping to adopt using a private adoption work directly with the child's biological family - usually a young, single mother - and adoptions usually take place immediately after birth. Private adoption is usually the best option for parents hoping to adopt an infant. However, private adoption can also leave prospective parents vulnerable to risks like the mother changing her mind.

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 Posted on September 10, 2021 in Divorce

Many people are dissatisfied after their final divorce order is issued by an Illinois court. After months or years of attempting to resolve complex issues like marital asset division and parenting time, a judge may make a final decision that one or both parties are not happy with. Aggrieved persons may want to appeal the court's divorce decree for something that is more in their favor.

However, divorce orders are complex legal transactions and may only be successfully appealed in very specific circumstances. In this article, we will look at some common questions about divorce decree appeals. Keep in mind that the best source of advice and information about your unique situation is a qualified Illinois divorce attorney.

When Can a Divorce Decree Be Appealed in Illinois?

Unfortunately, it is simply not possible to pursue an appeal simply because you disagree or are unhappy with the terms of the divorce decree, no matter how unfair or biased you may think it is. The only time a divorce decree can be successfully appealed is when there is a possibility that the judge's decision stemmed from an error in the interpretation or application of Illinois law.

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 Posted on September 08, 2021 in Divorce

When spouses are married, they generally file their taxes jointly and claim their children as dependent exemptions. But after the divorce is finalized, parents begin filing taxes independently. A question then arises: Who gets to claim the children on their tax returns?

Divorce contains many such tax issues, and this article discusses general strategies for how parents might handle the particular issue of claiming children as tax exemptions. If you are in need of legal advice, contact a qualified divorce attorney.

Tax Exemptions in the Divorce Decree

Everybody knows that the divorce decree addresses the most pressing issues related to children: Allocation of parental responsibilities, division of parenting time, and child support. But the divorce decree can also address important issues like which parent gets to claim a child as a tax exemption. Tax exemptions can be as good as cash in a parent's pocket, but each child can only be claimed once - understandably, parents may disagree over who gets to claim the children.

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