Posted on July 03, 2019 in Divorce

When getting a divorce, one of the major issues that must be resolved is how to divide marital assets. Many material possessions can easily be divided, or they may be sold, allowing divorcing spouses to split the proceeds, but some things have the same sentimental value to both parties. Family pets are often among the most hotly disputed “assets.” In fact, since many pets are treated like members of the family, disputes over their ownership can be similar to custody battles over children. When addressing these issues, divorcing couples should understand how the law applies to them.

Recent Changes to Illinois Law

In many states, pets are considered to be a part of marital property, subject to division between divorcing spouses. While this is also true in Illinois, on January 1, 2018, a new law went into effect that may affect pet custody cases. Under this law, a judge should consider a pet’s well-being before awarding ownership of the pet to either spouse. In some cases, this may make disputes over pet ownership similar to disputes over child custody, and couples may ask the judge in their case to make a decision about who should be granted “custody” of the pet.

Continue Reading ››

 Posted on July 02, 2019 in Child Support

If you are getting divorced and have children, your relationship with your ex is not going to be over as soon as the final divorce settlement is signed. If you earn a higher income than your ex-spouse, or if you will have the minority of the parenting time following divorce, you may be required to pay child support that will ensure that your children’s ongoing needs will be met. However, both parents have an obligation to provide financial support for their children, so it is important to make sure all relevant factors are considered when calculating the amount of child support payments. This will ensure that children’s needs will be met and that the parents will both be able to support themselves. Some factors to take note of include:

Net Income for Both Parents

A basic support obligation will be determined that is based on the net income earned by both parents, and this amount is divided between the parents according to their percentage of the total household income. However, when determining the amount of each parent’s net income, it is important to understand what adjustments may be made. For example, if a parent is already paying child support for children from a previous relationship, the amount of this support will be deducted from their gross income.

Continue Reading ››

 Posted on June 28, 2019 in Divorce

The choice to end your marriage and get a divorce is a decision that affects your finances, your relationships with family and friends, and most importantly, yourself. It is a decision most people spend a long time contemplating before they decide to announce that they want to separate from their partner. However, when the time does come to discuss divorce with your partner, you will want to make sure you approach this conversation the right way. Here are a few tips to make this discussion go as smoothly as possible:

Timing Is Important

When you know your relationship is beyond reconciliation, you can make the mature decision to end the relationship and detach yourself from your partner. You will likely want to complete the divorce process as smoothly as possible, ending your marriage without hurting your spouse. When you are ready to let your partner know that you would like to get divorced, choose a time when your partner is capable of receiving such emotional news. If they are stressed at work or are going through personal family problems, try to wait until those difficulties are over. While there is no perfect time to announce a break-up, some times are better than others, and you should consider your partner’s feelings as you determine the ideal time to make the announcement.

Continue Reading ››

 Posted on June 26, 2019 in Divorce

If you are getting a divorce, it is likely to have an impact on all aspects of your life, including many that are unrelated to your relationship with your spouse. Getting divorced while maintaining a full-time job can be difficult, since there are a wide variety of legal and practical concerns that will need to be addressed. There will be important phone calls to answer, paperwork to look over, and emotions to manage, and doing so while putting on a professional front at work can be challenging. Here are some tips to help balance your work and the concerns related to your divorce:

Make a Schedule

Addressing the legal requirements, paperwork, and financial concerns of your divorce can be overwhelming. Going through the divorce process can feel like taking on a second job. However, it is important to keep your divorce proceedings and career separate to avoid jeopardizing your job. Getting divorced costs money, and on top of legal fees, you may need to pay alimony and/or child support. The last thing you want is to suffer career setbacks that may affect your income. 

Continue Reading ››

 Posted on June 21, 2019 in Family Law

Choosing to adopt a child is a wonderful opportunity and a chance to give a child in need a loving and healthy home. If you are considering adoption, you need to know that the process can be lengthy and complicated. It is important to find a qualified adoption lawyer to help you meet your legal requirements and ensure that nothing will stop you from providing a loving home to an adoptive child.

Naturally, there are differences between raising an adopted child and a biological child. You will likely want to discuss the adoption with your child, and the way you approach these conversations can be different, depending on the child’s age, the circumstances of the adoption, and your relationship with them. While conversations about adoption can be tricky, and they are likely to provoke a variety of questions from a child, planning for how to address these issues can ensure that you approach the subject in the right way, strengthening your relationship with your child. Here are a few tips to make the conversation easier:  

Continue Reading ››

 Posted on June 17, 2019 in Divorce

While divorce can be difficult for a couple, it can be especially hard on any children they share. Divorcing parents will want to consider their children’s feelings and help them adjust to a new situation as smoothly as possible. When determining child custody arrangements, it is important to create a parenting time (visitation) schedule which ensures that both parents and children know when children will be in the care of each parent. Here are some tips for how to make a clear and concise parenting time schedule:

Parenting Time Schedules and Exceptions

The first step in creating a schedule is to determine which parent children will spend time with on a day-to-day basis. This will be the regular schedule your children will be most familiar with. The frequency of when parents will exchange children will depend on the type of child custody agreement. If parents share joint custody, children may stay with each parent in alternating weeks or on different days during the week. While children may not want to pack up and move to a new house every couple of days, they will also do not want to get too comfortable in one house before they have to change houses again. Finding a happy medium that allows both parents to spend quality time with their children is key.

Continue Reading ››

 Posted on June 14, 2019 in Divorce

The choice to get a divorce is a hard decision to make, and the process of ending a marriage can take a great deal of time, money, and energy. Needless to say, few people take the decision to divorce lightly. If you are not completely positive that divorce is your only option, a legal separation might be a better option, and one that is easier to reverse if you do decide to stay married. However, it is important to understand how each of these options will affect your finances, the custody of your children, and the benefits you can receive. If you are considering separation, you should work with an experienced attorney to ensure that you understand your rights and the processes that will be followed.

Legal Separation vs. Divorce

The main difference between legal separation and divorce is that during legal separation, you will remain legally married, while divorce will end your marriage. With a legal separation, you can maintain health insurance, life insurance, and Social Security benefits from your partner. If you get a divorce, you will no longer be eligible for these spousal benefits. In addition, in a legal separation, spouses are still considered next of kin and can make medical and financial decisions that affect each other. Spouses who are legally separated will also continue to be responsible for each other’s debts.

Continue Reading ››

 Posted on June 10, 2019 in Divorce

Job loss is hard at any time, but losing your job while you are going through divorce can be especially difficult. Since divorce will already have a large impact on your finances, the loss of your job is likely to make things even more complicated. When making decisions during the divorce process, it is important to consider all aspects of your financial situation, and a skilled attorney can help you understand how your employment will affect the outcome of your case.

Layoffs

In today’s unstable economic climate, it is hard to predict when companies will need to lay off employees. If you lose your job due to a layoff while you are going through divorce, it is important to let the court know of your situation. Since layoffs tend not to be the fault of an individual, the change in your financial situation should be taken into consideration in court. If you are required to pay spousal maintenance or child support, you may be able to adjust the amount of your obligations while you are actively looking for employment.

Continue Reading ››

 Posted on June 05, 2019 in Divorce

It is a sad statistic, but over 50% of marriages will end in divorce. Ending your marriage is not something that you decide to do spontaneously, but a decision that is weighed heavily before you act upon it. If you are planning on a divorce, it is important to think ahead and prepare for what you want your life to look like after the divorce has been finalized. This will help you avoid making irrational decisions and make sure that you come out of the situation with a plan for success. You will want to be sure to consider the following areas:

Finances

It is important to have a firm understanding of your financial situation before you file for divorce. This is necessary so that you know how much you will need in order to live independently. If you are seeking spousal maintenance (alimony) or expect to receive child support, you should consider how these payments will factor into your overall financial situation, but it is best to plan conservatively and limit your expenses as much as possible. Even if your divorce is mutual, both you and your former spouse will each be trying to gain as much financial advantage as possible, so you will want to be prepared for multiple possible outcomes.

Continue Reading ››

 Posted on June 03, 2019 in Divorce

Those who are looking to adopt a child may give an orphan the opportunity to have a future family and home, and this can be very beneficial for everyone involved. There are children all over the world who need homes, and international adoption allows parents to provide these children with the family life they need. However, the adoption process can be lengthy and difficult, and if you are considering adopting a child from another country, the legal steps to follow can be even more complicated and stressful. In recent years, countries like Ethiopia, South Korea, Romania, Guatemala, China, Kazakhstan, and Russia have all reduced the number of international adoptions allowed. In fact, between 2005 and 2015, international adoptions dropped by 72 percent, decreasing from 46,000 to 12,000, with only 5,500 children being adopted by U.S. parents.

Claims Regarding the Safety of Children

Continue Reading ››