Posted on August 28, 2020 in Divorce

Whether you have a dog, cat, horse, bird, or other type of animal, you probably love and cherish your pet as if he or she was part of the family. One concern many divorcing spouses have is who will keep the family pet after their marriage ends. Arguments about “pet custody” can often become heated. One spouse may even try to maintain ownership of the pet simply to spite the other spouse. If you are planning to end your marriage, make sure to educate yourself about how Illinois’ property division laws address pet ownership after divorce.

Pet Custody Laws in Illinois

Although you most likely do not think of your pet as simply another piece of property, pets are treated similarly to other assets during divorce. There are not proceedings for “pet custody” the way there are for child custody. The pet is considered a marital asset if it was acquired by either spouse during the course of the marriage. If the pet was acquired by a spouse before the marriage, that spouse will typically remain the owner after divorce. However, there are some exceptions to this.

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 Posted on August 25, 2020 in Child Support

The average cost of a 4-year public college education is just over $45,000. If the student attends a private or out-of-state school, that number can rise to $100,000-$150,000, or even more. Understandably, paying for children’s college tuition and fees is a major concern for many parents. The question of how to finance a child’s college education becomes even more pressing if the parents are unmarried or divorced. If you plan to end your marriage or were never married to your child’s other parent, it is essential that you understand your rights and obligations regarding non-minor support for college expenses.

How Much Money Are Parents Required to Contribute to Their Child’s College Education?

Illinois courts have the authority to require parents who are unmarried or divorced to contribute toward their children’s college expenses. These expenses may include tuition, housing, textbooks and fees, living expenses, medical insurance, and medical expenses. Courts may order parents’ financial contributions to be paid to the child, the university or college, or to either parent. 

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 Posted on August 21, 2020 in Divorce

Most divorcing spouses hope to avoid going to trial. They may attempt to reach an agreement about unresolved divorce issues through their attorneys, with help from a third-party mediator, or through the collaborative law process. Unfortunately, not every couple is able to reach a settlement outside of court. During divorce litigation, a judge hears arguments and evidence from both sides and then issues a judgment. If your divorce judgment did not turn out the way you had hoped, you may wonder what your options are for appealing the court’s decision.

When Should I Seek an Appeal?

Many people assume that they can file an appeal if they disagree with the terms of their divorce judgment. However, successfully appealing a divorce judgment is a complex legal pursuit that is only possible under certain conditions. A person cannot appeal a divorce simply because he or she is unhappy with the outcome of the case. Circuit court decisions, including divorce judgments, may only be appealed if there is a possibility that the decision resulted from errors of law. Examples of situations in which an appeal may be justified include:

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 Posted on August 18, 2020 in Divorce

The average cost of raising a child from birth until age 18 is almost $300,000. If you are a single parent, you know just how quickly child-related expenses can add up. Child support is a vital source of financial assistance that many single parents come to depend on. When an obligor parent is not paying his or her court-ordered child support, the recipient parent may wonder what he or she can do to make the other parent pay. In some cases, the parent who is owed child support may decide to withhold visitation, technically called parenting time, from the other parent until he or she becomes current on his or her child support payments. However, withholding visitation can have significant civil and criminal consequences.

Parenting Time and Child Support Are Two Separate Issues Under Illinois Law

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 Posted on August 14, 2020 in Property Division

Whether it is from medical bills, student loans, credit cards, or another source, most adults have debt. In fact, the average American is about $38,000 in debt. If your spouse has a high amount of debt, you may have questions about who is responsible for paying this debt after you get divorced. You may assume that any credit cards or loans that are in your spouse’s name will be his or her sole responsibility after you end the marriage. Unfortunately, this is not always the case. There are several different factors that influence how debt is divided in an Illinois divorce.

Debt is Divided Similarly to Property

Illinois is an equitable distribution state. Any property that was obtained during the marriage is considered part of the marital estate and is subject to division during divorce. Property that a spouse obtained before getting married is considered separate property and is not subject to division. Debt is handled in a similar way. Any debts that were acquired by either spouse during the marriage are generally considered to be marital debts shared by both spouses. Debts acquired before the spouses got married are typically considered separate and are assigned to the spouse who acquired the debt.

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 Posted on August 11, 2020 in Family Law

Deciding to adopt a child is undoubtedly one of the most consequential decisions you will ever make. Whether you are thinking about adoption because of fertility issues, a desire to formally adopt your stepchild, or any other reason, you probably have many questions. The adoption process varies significantly depending on the type of adoption and the circumstances of the case, but there are a few basic steps that are almost always involved in an Illinois adoption.

Avenues for Adopting a Child

One of the most common types of adoption is a relative adoption, such as a stepparent adoption or grandparent adoption. A child can only have two legal parents. If you wish to adopt a child related to you, you may need to first get consent from the child’s biological parent(s). One or both parents may need to voluntarily terminate their parental rights before you can adopt the child. A biological parent's rights may be involuntarily terminated by the court if the parent has abandoned, neglected, abused, or consistently failed to show any interest in the child. 

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 Posted on August 06, 2020 in Alimony

If you are planning to divorce, you probably have questions about alimony or spousal maintenance. There are two avenues through which maintenance is typically awarded in Illinois: a marital agreement or a court order. If you and your spouse have already decided upon a spousal maintenance arrangement through a valid prenuptial agreement or postnuptial agreement, you will likely be subject to the terms contained in that agreement. If no such agreement exists, you or your spouse may petition the court for a spousal maintenance order during your divorce. If you are considering divorce, it is important to know the basics of how and when spousal support is awarded in Illinois.

Is Spousal Maintenance Always Ordered During an Illinois Divorce?

Only a small number of divorce cases involve an order for spousal support. When determining whether or not a spouse is entitled to maintenance, the courts consider a variety of economic and circumstantial factors. These factors include, but are not limited to:

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 Posted on July 31, 2020 in Child Support

Child support payments after a divorce in Illinois are determined via the Income Shares model. This calculation method takes into account the parents’ income and if the parents have a shared parenting arrangement, each parent’s allotted parenting time. Either parent may request a modification, or adjustment, to the child support order, however, these requests are not always granted. Sometimes, a parent may try to change a child support order in such a way that it places an unfair burden on the recipient parent. There are some situations in which it may be best to contest a child support modification request.

How Are Child Support Orders Changed?

Illinois child support orders are entitled to a modification review every three years. During a modification review, the Illinois Department of Health and Family Services (IHFS) evaluates each parent’s financial circumstances and determines whether or not a child support order should be adjusted. Child support orders may also qualify for a modification if there is a “substantial change in circumstances” that necessitates the change or if the current order does not provide for the child’s healthcare needs. If a parent requests a modification but the other parent disagrees, he or she may contest the child support modification.

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 Posted on July 29, 2020 in Child Custody

Raising children is one of the most difficult responsibilities a person can have. Parenting duties are often made even more challenging when parents must co-parent after a high-conflict divorce. If you have recently divorced or are planning to end your marriage soon, you may worry about how you and your ex will manage parenting duties. Effective co-parenting with a spouse who is uncooperative may seem like an unachievable task, but it is possible.

Consider Parallel Parenting

Significant research shows that consistent parental arguing and fighting dramatically impact children – even if the parents are divorced. If you and your ex cannot interact without the conversation devolving into name-calling or insults, consider parallel parenting. Parallel parenting is a parenting style in which the parents each have their own relationship with their children but parent-to-parent communication is kept to a minimum. A strong parenting plan that addresses parenting time schedules and other child-related matters using specific language is key to an effective parallel parenting arrangement.

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 Posted on July 28, 2020 in Family Law

Adoption is a beautiful gift that allows a child to have the safe, loving family he or she deserves. If you and your family are considering adopting a child, you likely have a myriad of questions about the process. One issue you may be thinking about is whether or not to have an open adoption. In an open adoption, the adopted child’s biological parent(s) continue to have contact with the child. The communication between the biological parents and the child may involve anything from a few letters or emails a year to frequent in-person contact.

Advantages and Disadvantages of an Open Adoption

In a closed adoption, the biological parents do not communicate with their child or the adoptive parents once the adoption is finalized. In an open adoption, the biological parents continue to have some degree of contact with the child. There are certainly benefits to open adoption. The child may feel more secure and have a better sense of identity. The adoptive parents can benefit from the biological parents’ support and friendship as well as the ability to ask the biological parents questions about their family medical history. However, having an open adoption can also be tricky to navigate. The biological parents and adoptive parents may not see eye to eye about the child’s education, extracurricular activities, religion, or overall upbringing. Honest communication and firm boundaries are the keys to successful open adoption.

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