Posted on December 28, 2018 in Divorce

When navigating the divorce process, it is common for parties to feel discomfort while going over contentious issues. For many, the most contentious issues revolve around a couple's marital property. Regardless of the economic position of the couple, property division can include nuanced financial portfolios, valuable assets, and land property. As you and your legal team prepare for the divorce process, it is important to first gain an understanding of marital property division.

What Constitutes Marital Property

Here in Illinois, marital assets must be equitably distributed. To be clear, that simply means that all marital property must be divided fairly (not equally). Before a court can make any decision concerning marital assets, they must first determine what property is marital and what property is non-marital.

According to Illinois State Law, marital property is defined as property acquired during the marriage. Marital assets can range from real estate and vehicles to bank accounts and business interests. Non-marital assets include real estate acquired prior to the marriage, property or assets that are excluded because of a prenuptial or postnuptial agreement, and property or assets that were purchased with nonmarital assets.

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 Posted on December 26, 2018 in Divorce

On an annual basis, judges around the country make decisions on thousands of divorce cases. These decisions can have monumental impacts on your life moving forward, from child support and spousal maintenance payments to resource allocation and child custody. While this decision-making process is evidence-based and unbiased, errors can be made. Fortunately, even after a divorce case is finalized, a qualified attorney can help you.

Working for a Brighter Future After Your Divorce

Once your divorce is finalized, many people feel a sense of relief. Yet for those that have decisions go in directions that they do not agree with, the divorce finalization process can bring on a stressful panic. In all reality, divorce finalizations can be challenged, moving forward.

Appeals: If the judge in your divorce case made a mistake, an experienced attorney can guide you through the appeal process. Still, it is important to note that an appeal cannot be made, simply because you are unhappy with the final decisions. If you believe that your family law case was ruled incorrectly, contact a legal team as soon as possible, the vast majority of appeals can only be filed within 30 days of a ruling. Appeals are commonly made regarding issues of marital property valuation, alimony determinations, and parental visitation.

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 Posted on December 21, 2018 in Divorce

When making the difficult decision to file for divorce, people are faced with new and turbulent challenges. In many cases, couples with children do not feel that the other parent should maintain a parental relationship with their children, so they attempt to win sole-custody of the minors involved. A sole-custody victory should be celebrated, but independent parenting can be incredibly challenging and expensive. If you are awarded sole-custody of your children, speak with your attorney about the development of a child support payment plan.

The Importance of Child Support

Of the 13.4 million sole-custody parents living in the United States, just under half of them have child support plans in place to help them care for their children. Child support can make a massive difference for single-parents trying to work and raise children at the same time. Here in the United States, the average child support payments amount to $5,774 annually. Unfortunately, very few sole-custody parents in need of child support receive their payments in full.

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 Posted on December 18, 2018 in Child Custody

The vast majority of parents yearn to remain a part of their child's life, even after their divorce has been finalized. While a divorce signifies a monumental change in a person's life, it should not rob a supportive and responsible parent of a relationship with their child. For fathers, winning custodial rights can be an incredibly difficult proposition. According to the United States Department of Commerce, only 17.5% of sole-custody parents are fathers. If you are attempting to gain custody of your child, find a legal team that you can believe in, and begin taking the necessary steps to convince a judge that you are prepared for independent fatherhood.

Steps Towards Earning Sole-Custody

Fighting for a role in your child's life after a divorce can be incredibly difficult as a father. Research conducted by the National Survey of Family Growth (NSFG), found that a staggering 27% of all American fathers have no regular contact with their children. If you want to gain custodial rights as a father, it is important to know what steps you can take throughout the divorce process to convince a judge that you are ready for the parenting responsibilities.

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 Posted on December 14, 2018 in Domestic Violence

Here in the state of Illinois, orders of protection are defined in the Illinois Domestic Violence Act of 1986, as a safeguard for a victim of abuse, seeking protection from an offender. Criminal acts that could warrant an order of protection, include acts of domestic violence, stalking, harassment, and sexual assault. If you have been served with a protective order, it is important to understand the language of the order and avoid any violations.

Three Types of Orders of Protection

In the state of Illinois, there are three types of protective orders, an emergency order of protection (EOP), a plenary order, and an interim order of protection. An emergency order of protection can be issued without notifying the respondent, due to the risk of harm. While an emergency order of protection represents a sufficient option for the short term, these orders are only valid for a maximum of 21 days. As soon as an emergency order is issued, a hearing for a plenary order is scheduled. A plenary order can only be issued after a hearing with both the petitioner and respondent (the respondent can choose to remain absent for the hearing, but must be notified of the hearing date). A plenary order can last for a maximum of two years. An interim order of protection can be issued if the respondent has been served but the litigation is still in process. Interim orders of protection last for a maximum of 30 days.

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 Posted on December 12, 2018 in Mediation

Divorces can be uniquely challenging to separating couples. Recognizing the need for a life change, and grappling with the emotion of the change can be two completely different things. Combine the emotional side of a divorce with complicated matters such as issues of child custody, property division, and allocation of finances, make one thing abundantly clear: when going through a divorce, everyone needs a little help. The first step you can take as you prepare for the divorce process is hiring an attorney that you can believe in.

After hiring an attorney, your legal team will begin to discuss your options. If you and your former spouse believe that you can amicably discuss the matters mentioned above, your best option may be to mediation. Here in the state of Illinois, family mediation is an alternative resolution option to divorce litigation.

What is Mediation?

With the assistance of a neutral mediator, couples throughout Illinois can amicably resolve conflicts such as child custody, alimony payments, and asset division, through mediation. The neutral third-party-mediator is present to help offer mutually beneficial resolutions and assist in communication. In some cases, mediation can be mandated by the Illinois Supreme Court. In cases involving minor children, couples in Illinois are required to pursue mediation on issues including custodial responsibilities and child support. Due to the important nature of these conversations, it is crucial to ensure that your legal team fully understands all aspects of your divorce case. Having honest and informative conversations with your attorney can help them secure a vibrant financial future for you and your family.

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 Posted on December 10, 2018 in Divorce

In the aftermath of a divorce finalization, it is common to feel a wide array of emotions. With issues such as resource allocation and child custody responsibilities agreed upon, it is finally time to move forward in life, post-separation. Yet, sometimes even after all of the contentious aspects of a divorce are finalized, complications can arise. If you have an established child custody or spousal maintenance plan and are no longer able to regularly make your payments, we can work with you to pursue a post-divorce modification to ensure that you are not financially hurt by the payment plans finalized during your divorce.

Common Reasons For a Post-Divorce Modification

After your divorce has been finalized, there are a number of reasons why you may need to make modifications to your alimony or child support payments. In any of these cases, our team is here to help.

Loss of Employment: Throughout 2016, an incredible 54,000 American workers were either laid off or fired on a daily basis. That staggering statistic proves that anyone can lose their job. If you lose your job, for one reason or another, you should not be financially endangered over spousal maintenance or child support payments. A quality family law team can help you make modifications to the payment plans established at the time of your divorce.

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 Posted on December 04, 2018 in Child Support

In an alarmingly high number of divorce cases in which the mother is awarded sole-custody, along with child support from the father, the paying parent will look for any means to justify not paying the payments. In fact, approximately 25.9% of sole-custody parents owed child support in 2013 did not receive a single cent from their former partner. One of the most common ways in which fathers attempt to avoid these payments is through the use of a DNA paternity test. If you are fighting for child support and your former partner demands a DNA test, alert your attorney and seek skilled assistance immediately.

Establishing Paternity in Illinois

Here in the state of Illinois, parentage can be established in a number of ways: If both of the involved parties sign a Voluntary Acknowledgement of Paternity (VAP) form, if the Illinois courts issue an order of paternity, and if an Administrative Paternity order is issued by the Illinois Department of Healthcare and Family Services.

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 Posted on November 30, 2018 in Divorce

Every year, more than 2 million American couples decide to tie the knot. While weddings are a beautiful celebration of love, they can cost a lot of money. Couples throughout the United States spend a collective $72 billion on weddings on an annual basis. Still, while a wedding can cost you a hefty sum of money on the night of your marriage (the average wedding budget is approximately $20,000), that money pales in comparison to the potential financial impact of a costly divorce. Developing a postnuptial agreement, after your marriage can be critically important to ensuring that you remain financially stable in the event of a divorce.

What is a Postnuptial Agreement?

Explaining to your fiance that you may have resources that you want to protect in the event of a divorce can be a difficult conversation to have. Yet, in many cases, the time to talk about protecting your financial future is after the wedding. A postnuptial agreement is a written agreement that the parties establish sometime after the marriage has been finalized. It is meant to settle the couple's assets and affairs if they separate in the future. A postnuptial agreement can ensure that you and your family will have a stable financial future if you and your spouse ever decide to separate.

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 Posted on November 28, 2018 in Divorce

When preparing for a divorce, many people do not want to think about the logistical side of the separation process. A divorce represents a monumental change in a couple's life, as the two parties will likely face a much different living situation, daily routine, and lifestyle. While the divorce process can be emotional and difficult to process, it is also complicated. As you prepare for your divorce, there are a few steps you should take to ensure that you and your family will be financially comfortable, moving forward.

Find a Divorce Attorney You Can Trust: Once you have made the decision to pursue a divorce, it is time to move forward and begin thinking about all the logistics that come with a separation. The best place to start is by hiring a quality divorce attorney. Choosing an attorney quickly can give you time to prepare for potential court hearings and litigation. When looking for a divorce attorney, it is important to ask yourself a few key questions: How much experience does this firm have? Does my personality work with the prospective attorney? Can I trust them?

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