Posted on August 18, 2021 in Domestic Violence

Victims of domestic violence often do not leave abusive situations because they fear the abuse will worsen and they will have no way to protect themselves. This fear is not unfounded - research shows that leaving an abuser is the most dangerous time for a victim of domestic violence. 

Illinois recognizes the seriousness of domestic violence and provides victims with the ability to apply for Emergency Orders of Protection. An abuser who violates an Emergency Order of Protection faces serious legal consequences. Consider hiring an attorney who can assist you in obtaining an order of protection as part of your overall plan to leave your abuser once and for all.

What is an Emergency Order of Protection?

An Emergency Order of Protection, or EOP, is a court order that prohibits an abuser from certain behaviors. Illinois judges have discretion to consider the unique circumstances of each case and may prohibit many behaviors, including: 

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 Posted on August 13, 2021 in Family Law

During the excitement of preparing and planning for marriage, couples often overlook a valuable planning instrument: The prenuptial agreement. In the heady joy of falling in love, they may not see the point. Why go through the hassle of completing a prenuptial agreement when the marriage will never end? 

Yet after the marriage, when couples have a chance to start thinking practically again, they may realize the value of an agreement that stipulates a reasonable financial arrangement in the event of a divorce. They may also realize that a postnuptial agreement is a great way to establish the financial responsibilities of each spouse during the marriage. 

What does a Postnuptial Agreement Do?

A postnuptial agreement is a binding legal document that details and protects the financial interests and responsibilities of each spouse, both during and after the marriage. Each couple’s situation is different, and a well-written postnup will accommodate the couple’s unique circumstances. A prenup may include clauses that, among other things:

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 Posted on August 11, 2021 in Divorce

Although most people know that attorneys are a crucial part of a divorce, they may be unaware that a variety of other professionals can be involved in helping a divorcing couple who wants to avoid hostile litigation. This is especially true in a collaborative divorce. In this article, we will discuss the benefits of the collaborative divorce process and the different experts couples can use. 

What is a Collaborative Divorce?

Collaborative divorce in Illinois is a method of getting divorced that lets couples negotiate the terms of the divorce out of court. Important things like parenting time, allocation of parental responsibilities, spousal maintenance, and asset and debt division can all be handled through collaborative divorce. Spouses who use the collaborative divorce method usually find the divorce less hostile and come to a more satisfactory compromise on important issues than couples who rely on extensive court litigation and a judge to make decisions. 

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 Posted on August 05, 2021 in Child Support

Court-ordered child support payments can feel like a tremendous financial burden. A substantial change in income or sudden unemployment can make it seem impossible to pay. Likewise, someone who believes their ex is not using child support payments for the child may be angry or may feel as though they are justified in failing to meet their support obligations. 

Whatever the reason, halting child support payments without a court-ordered modification is a short-sighted solution and can result in serious civil and criminal charges in the Illinois legal system. In fact, Illinois has a specific law intended to address nonpayment of child support, called the “Illinois Child Support Enforcement Law.” 

What Are the Consequences Of Failure to Support? 

 “Failure to support” is the legal term for when a person fails to meet their support obligations when they have the ability to pay them. In Illinois, the consequences for failure to support include, but are not limited to: 

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 Posted on July 30, 2021 in Property Division

The legal and financial aspects of marriage are often overlooked in our romantic conception of relationships. However, finances are an important part of any marriage – and perhaps even more important in a divorce. One particularly difficult aspect of determining how marital property is divided in a divorce is the valuation and division of complex assets, especially when those assets and the individuals who own them have a high net worth. 

What is a Complex Asset? 

Complex assets include assets made up of multiple components, each of which may contribute to the asset’s value. For example, an investment portfolio that has funds in securities, bonds, and small-cap stocks can change in value from day to day and would be considered a complex asset. By contrast, cash in a savings account, a car, or any other asset which may be quickly sold for an easily estimated amount of money would not be considered a complex asset. 

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 Posted on July 29, 2021 in Family Law

Pursuing an adoption in Illinois is a wonderful way to expand your family, but it can also be  a lengthy and expensive process. Whether you adopt through a private arrangement with a biological parent, an agency adoption, or a related adoption such as a stepparent adopting a stepchild, the adoption process can have many complications and emotional pitfalls. Recognizing this, the Illinois State Legislature recently passed a bill designed to streamline the adoption process. Senate Bill 107 was passed unanimously and is expected to be signed into law by Governor Pritzker. Among other issues, the bill addresses the following: 

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 Posted on July 27, 2021 in Alimony

Spousal maintenance (formerly known as “alimony”) is one of the most contentious issues in an Illinois divorce or divorce order modification. The receiving spouse often feels entitled to maintenance, and the paying spouse often feels as though they cannot or should not have to pay someone they are no longer married to.  

Illinois law provides specific guidance for how courts determine how much, if any, spousal maintenance should be paid. It also provides for specific circumstances that can exclude a former spouse from receiving more maintenance payments. Read on to learn more about the factors a court considers when deciding spousal maintenance, and how you can contest a request.  

How is Spousal Maintenance Decided?  

Alimony is not necessarily given to spouses after a divorce. Every circumstance is slightly different, but there are several factors judges consistently consider when deciding on alimony payments. These include, but are not limited to: 

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 Posted on July 23, 2021 in Divorce

Research suggests that getting divorced can be one of the most difficult and disruptive life events for everyone involved. A divorcing couple has often built up years of resentments, and it can be hard to remember that they ever saw anything good in each other. One potential consequence of this hostility is that parents will often try to get sole custody of their child. They may try to convince the court that the other parent is so unfit that they should not have any say in important decisions regarding the child. Sometimes, this is based on the sincere belief that sole custody is in the child’s best interests. Sometimes it is done, unconsciously or otherwise, out of a desire to hurt the other spouse. 

The truth is that being the only parent to have all the parental responsibilities may have benefits, but it may also have drawbacks. Parents should make a sincere effort to consider their child’s best interests and whether they would be served by a sole custody arrangement.

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 Posted on July 21, 2021 in Child Custody

Unfortunately, some divorces are so fractious and bitter that parents cannot decide upon a parenting plan that works for everyone. Sometimes, both parents are struggling with personal issues that get in the way of their parenting capabilities. Perhaps one parent will make accusations about another parent’s behavior, and a judge is unsure whether the accusing parent is telling the truth. 

These are just a few examples of situations in which a court may decide to appoint a custody evaluator. Formally, these situations are known under Illinois law as “604b Evaluations” – when the court asks an outside representative to investigate and make a report or recommendation regarding how parental responsibilities should be allocated. 

What is a Custody Evaluator? 

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 Posted on July 15, 2021 in Property Division

People who sustain serious injuries at work often depend on the monetary compensation they receive from workers’ compensation or a personal injury settlement. The money victims receive is necessary for medical costs, which can be exorbitant, and to make up for the wages lost due to the injury. You may believe that, in the event of a divorce, your settlement money will remain yours alone, since you are the one who is affected by the injury. However, Illinois law defines marital property as all assets acquired during a marriage – and money acquired because of workers’ compensation and personal injury settlements may be classified as a marital asset. 

What is Non-Marital Property? 

Illinois law clearly enumerates the kinds of assets that are considered non-marital property, and anything that falls outside of non-marital property is generally considered marital property. Non-marital properties must have been:

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