Posted on December 18, 2020 in Property Division

While we often think of marriage as a personal or romantic union, it is also a financial partnership. When two people get married, they combine their financial resources, either intentionally or unintentionally. Therefore, the end of the marriage comes with considerable financial implications. If you are planning to get divorced, you may have questions about how your property will be divided. You may specifically wonder if the spouse who earned the majority of the income during the marriage is entitled to more of the marital estate during divorce.

What Property Is Divided in an Illinois Divorce?

When you file for divorce in Illinois, there are several issues that you will need to resolve. One of these issues is the distribution of marital property. The marital estate consists of property that either spouse accumulated during the course of the marriage. It includes real estate, personal property, collectibles, investments, retirement accounts, and other assets that were obtained while the couple was married. Separate property includes property gained by inheritance or property that a spouse acquired before the marriage took place or after a legal separation. However, understanding what is included in the marital estate and what is separate property is not always easy. Issues like commingled or combined assets can complicate property division during divorce.

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 Posted on December 15, 2020 in Divorce

Marriages end for innumerable reasons. Sometimes, one spouse wants the divorce, while the other spouse believes that the marriage is salvageable. Other times, the spouses both agree that it is time to call it quits. Whatever your situation, you may have questions about the divorce process and how to get started. One particular question you may be asking yourself is, “Does it matter which spouse files for divorce?”

The Basics of Filing for Divorce in Illinois

In Illinois, a divorce is called a Dissolution of Marriage. The spouse who files the Petition for Dissolution of Marriage is the petitioner, and the other spouse is the respondent. To file for divorce in Illinois, at least one of the spouses must have lived in Illinois for at least 90 days prior to filing the petition. 

Illinois is a “no-fault” divorce state. This means that the spouses will not be asked to assign blame for the marriage ending. The only grounds for divorce in Illinois is “irreconcilable differences.” When determining the terms of a divorce, Illinois courts do not consider which spouse is the petitioner and which is the respondent. Both spouses are treated equally under the law.

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 Posted on December 11, 2020 in Child Custody

When parents divorce, they will typically share parental responsibilities and parenting time. A shared custody arrangement can be a great way to ensure that a child gets to spend time with both of his or her parents. Illinois courts typically favor parenting schedules that keep both parents in the child’s life.  However, there are some situations in which spending time with a parent may not be in the child’s best interests. If you are an unmarried or divorced parent, and you have concerns about your child’s safety during the other parent’s parenting time, you should know that you have the right to ask for his or her parenting time to be restricted.  

Take Steps to Protect Your Children’s Immediate Safety

If there is an immediate threat to your child’s well-being, do not hesitate to take action. Your child’s safety comes first. If you believe your child is in a situation in which they could be injured or killed, call 911. You may also take steps to obtain an order of protection that will prevent the other parent from committing any actions that could harm you or your child. 

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 Posted on December 08, 2020 in Property Division

Did you know that the average amount of personal debt for Americans aged 40-55 is over $135,000? Whether through a home mortgage, personal loans, credit cards, or student loans, most people have at least some debts. If you are planning to get a divorce, you may be wondering how debt will be handled. Typically, marital debt is handled similarly to marital property during an Illinois divorce, but each case is different.  

Illinois Laws Regarding Marital Debt

In many marriages, one spouse is more of a spendthrift than the other. Often, differences in spending habits and financial goals are one of the issues that lead to divorce. If your spouse has accumulated a considerable amount of debt, you may wonder if you will be expected to repay it after divorce. You may also wonder if your spouse will be on the hook for debts that you have acquired.

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 Posted on December 07, 2020 in Divorce

Whether you are planning to get a divorce, or you have already begun the process of ending your marriage, you have probably thought about dating. One of the silver linings of divorce is that the spouses are free to search for new romantic partners who are a better match for them. Getting back into the dating world after being married can be exciting. However, when you are a parent, there are additional issues to consider. One of these issues is when to introduce a new partner to your children. There is no perfect time to introduce a new partner, but there are certain considerations you could keep in mind when dating after divorce.

Wait Until After the Divorce Is Complete

Most experts suggest waiting to date until after your divorce is finalized. However, no one can predict when they will meet the right person. If you already have a new romantic interest, and your divorce is not complete, it may be best to avoid introducing the new partner to your children until the divorce is finalized. 

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 Posted on December 04, 2020 in Paternity

If you are an unmarried mother who is expecting a child, you probably have several questions and concerns. If your pregnancy was unexpected, or if you are no longer in a relationship with your baby’s father, you may wonder whether you should tell the father about the pregnancy or list him on your baby’s birth certificate. You may also wonder if you will be entitled to child support or if your child’s father will have a right to spend time with the child after he or she is born. The term “paternity” refers to a father’s legal relationship to his child. There are several benefits to establishing paternity in Illinois.

Paternity of a Child for an Unmarried Father

When a married woman has a child, the law presumes the woman’s husband to be the father. The couple does not need to take extra steps to establish paternity before writing the father’s name on the birth certificate. If a mother is not married, there is no presumption about the child’s father. Paternity or legal parentage must be established by signing a Voluntary Acknowledgement of Paternity (VAP) form. Paternity may also be established through the courts or via an administrative process through the Illinois Department of Healthcare and Family Services.

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 Posted on November 30, 2020 in Divorce

Cheating and affairs in a marriage often lead to divorce. In some cases, spouses file for divorce immediately after the affair comes to light. In other cases, a couple may try to salvage their marriage after an affair, but they may ultimately decide that too much damage to the relationship has occurred. If you have found yourself in this situation, you may be unsure of what to do. Whether the unfaithful partner was you or your spouse, you probably have questions about how marital infidelity can influence an Illinois divorce. Regardless of the exact circumstances, infidelity can lead to additional contention and confusion in a divorce. An experienced divorce lawyer can help.  

Grounds for Divorce

Illinois is a no-fault divorce state. The state’s laws previously included fault-based “grounds” or reasons for divorce, such as abandonment, cruelty, and infidelity. However, Illinois has since eliminated these grounds. Now, the only grounds available when filing for divorce is “irreconcilable differences.” Infidelity or other reasons for ending their marriage will not be included in a spouse’s petition for divorce.

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 Posted on November 24, 2020 in Mediation

If you are ready to end your marriage, you are probably looking for ways to eliminate drama, reduce legal costs, and reach a fair divorce settlement. In many cases, divorce mediation can help couples reach a resolution about the terms of their divorce without going to court. Divorce mediation is a process during which a couple works on addressing and resolving their outstanding legal issues with the help of a specially-trained mediator. During mediation, you and your spouse may discuss the division of marital property and debts, the allocation of parental responsibilities and parenting time, spousal maintenance, and other issues. However, it is important to understand what divorce mediation is and is not before deciding to use mediation as your primary means of reaching a resolution.

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 Posted on November 23, 2020 in Child Support

Child support payments are intended to provide a parent with the financial support he or she needs to cover housing, education, and other child-related costs. Illinois has adopted the “Income Shares” model for child support calculations. The amount a parent pays in child support in Illinois is typically based on the difference between the parents’ net incomes. This calculation method is designed to ensure that payments provide for the child’s needs and are reasonably affordable for the paying parent or “obligor.” However, circumstances can change, and obligor parents may find themselves in a situation where they cannot fulfill their child support obligations. If you are a parent who has fallen behind on child support payments in Illinois, you may wonder what types of consequences you may face. You may also question whether there is anything you can do to remedy the situation.

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 Posted on November 17, 2020 in Child Custody

This holiday season is shaping up to be like none other. If you are in the middle of a separation or divorce, your holiday season may be especially complicated. Sharing custody of children with a soon-to-be ex-spouse is hard enough, but sharing custody during the holidays can be even harder. Keep the following tips and suggestions in mind to help your holiday season go as smoothly as possible for you and your children:

Plan the Details in Advance

When a couple with children files for divorce in Illinois, they have 120 days to create and submit a “parenting plan.” This plan will describe how they will make major decisions about the child, who the child will live with on what days, how the child will be transported between homes, and much more. If you have not yet filed for divorce, or if you have not made any decisions about the allocation of parental responsibilities and parenting time, you may only have a casual agreement about which parent the children will see on which days. This can lead to miscommunication and frustration. It is better to plan your holidays in advance. Decide where the children will stay on what days, when they will be picked up and dropped off, and other details, and then put these decisions in writing.

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