Posted on February 08, 2016 in Child Custody

A contentious divorce can be hard on everyone involved. However, children are especially vulnerable. If there is a dispute over the allocation of parental responsibilities in a divorce, the parents need to work hard to protect their children from feeling like they are pawns, or that they have to choose between their parents.

Keep the Routine Stable

A divorce or custody dispute often causes a lot of upheaval for everyone. The more stable you can make your child's daily routine, the more secure the child will feel about the new changes. The child should continue to attend the same school, participate in the same activities, and associate with the same friends as much as possible.

One of the factors court appointed custody evaluators often look at is which parent provides the child with the most stability. The more you can keep your child's routine the same, the better you will look to the evaluator.

Do Not Speak Negatively About the Other Parent

Continue Reading ››

 Posted on February 03, 2016 in Alimony

As part of a final divorce decree a judge may award spousal maintenance. However, that order may not be the final word on the matter. Both sides may be able to come back to the court to ask for a modification of the original order.

When Do Maintenance Payments End?

Illinois law sets out a formula for judges to use when determining how long maintenance payments will last depending on the length of the marriage. However, in most cases, the payments may also end if the spouse receiving the payments remarries or lives with an intimate partner. Because maintenance is a court ordered payment, the spouse making the payments may need to file a motion in court to have the payments officially terminated.

When Can You Request a Modification?

Either side can request a modification to the amount of support if there is a material change in circumstances. The change in circumstances could be based on either party. If the spouse making the payments loses his or her job, then he or she can request a modification to the amount of support. If the spouse receiving support wins the lottery, then the spouse making the payments could also request a modification.

Continue Reading ››

 Posted on February 01, 2016 in Divorce

In the early stages of a divorce there is often a lot of positioning to see who will be awarded the marital residence. However, the fight regarding who gets the house is about much more than just the house itself. Possession of the house is also linked to almost every other area of the divorce.

Areas of Conflict in a Divorce

In most divorces there are three main areas of conflict:

• Division of property;
• Allocation of parental responsibilities (custody); and
• Support.

Often, the decisions about the division of the marital property, allocation of parental responsibilities, child support, and spousal maintenance are thought of as separate. However, they are all connected. For example, when a judge decides if spousal maintenance is appropriate in a case, he or she will also look to see if child support has been awarded, how the marital property has been divided, and where the children live, among other factors. Similarly, when the court awards possession of the primary residence a variety of factors are in play.

Continue Reading ››

 Posted on January 29, 2016 in Divorce

A lot can be at stake financially during a divorce.

If you are worried about your spouse taking any actions that could harm your property or your financial future, you can seek a financial restraining order.

What is a Financial Restraining Order?

A financial restraining order is a type of temporary restraining order that freezes much of the marital assets. A financial restraining order has nothing to do with domestic violence. Moreover, these orders are not automatically granted when you file for a divorce.

If you believe that your spouse is acting irresponsibly with the marital property with extravagant spending, or by damaging assets, you can petition the court to issue a restraining order. You can also petition the court for a restraining order to block the sale of a property or asset.

What Gets Frozen and For How Long?

A financial temporary restraining order freezes the marital assets, and it freezes assets for both sides. Just as your spouse will be blocked from selling any of the property off, you will also be blocked from selling any of the property without first retaining the permission of the court.

Continue Reading ››

 Posted on January 27, 2016 in Family Law

Some of the basic laws which govern what makes a marriage valid differ significantly from state to state. While Illinois does not recognize common law marriage, many states do. What happens if you have a common law marriage in another state, move to Illinois, and want a divorce?

What is Common Law Marriage?

According to state law, common law marriage is when a couple becomes married, even though they never went through any of the formalities such as retaining a marriage license or having an authorized person perform a marriage ceremony. Moreover, states that recognize common law marriages each have their own requirements, and these requirements must be met in order for a common law marriage to be recognized.

Getting an Illinois Divorce After Having a Common Law Marriage in Another State

If you lived in a state that has a provision for common law marriage, and you met all of the requirements, you are legally married. If you later move to Illinois and want a divorce, so long as you or your spouse meets the 90-day residency requirement, you can petition for a dissolution of marriage in Illinois state courts.

Continue Reading ››

 Posted on January 22, 2016 in Child Custody

Even though same-sex marriage is legal throughout the United States, there are still unique issues facing same-sex couples in Illinois family law courts. When there is a case involving the allocation of parental responsibilities, formerly known as custody cases, same-sex couples may face challenges in getting the parenting time they deserve.

The Legal Rights of Biological Parents

In most instances, the biological parents are presumed to be the legal parents of a child. If someone is not a legal parent, he or she has very few rights regarding a child. He or she may not even be awarded court ordered parenting time.

If a same-sex couple has not taken the proper steps to ensure that they are both the legal parents of a child, then it could open the door for a biological parent to try and claim some rights to parental responsibilities or parenting time. If the same-sex couple splits up, then this situation can leave one of the partners in jeopardy of not having any court mandated time with his or her child.

Continue Reading ››

 Posted on January 20, 2016 in Family Law

A prenuptial agreement is one of the best documents you can have for your retirement. Most people begin hitting their peak earning years after the age of 40. This is also the time many people begin to seriously plan for their future retirement. A prenuptial agreement is a way to make sure that both spouses protect their future financial interests.

Divorce Trends

Overall divorce rates have stabilized over the past several years. However, divorce rates have increased for those over the age of 50. There are several factors in play. One factor is that many people over the age of 50 are on a second marriage.

Additionally, divorce has also become more socially acceptable. It seems likely that divorce rates for people over 50 years of age will eventually stabilize; however, it is unlikely that divorce rates will fall any time soon.

Benefits of Prenuptial Agreements After Age 40

Many people start to accumulate significant assets in their 40's. These assets can include anything from retirement accounts to homes to businesses. A prenuptial agreement gives financial predictability to both spouses in the event of a divorce and can help to prevent either side from suddenly finding themselves financially ruined.

Continue Reading ››

 Posted on January 13, 2016 in Divorce

All divorce cases begin the same way-one side files a petition for the dissolution of marriage with the court. However, sometimes the divorce never makes it any further along in the process because of a problem with the marriage or the petition. Moreover, issues may cause the court to dismiss the petition at the very start of the process.

Lack of Jurisdiction

The most common reason for a petition to be dismissed is because the court lacks jurisdiction to hear the case. Jurisdiction is a technical term that means the power the court has to hear a case and make a ruling.

The court may not have jurisdiction if neither one of the spouses has met the residency requirement. If neither spouse has lived in Illinois for at least the past 90 days, the court has no power to hear the divorce case. The court also will not have jurisdiction if the case is filed in the wrong county.

Continue Reading ››

 Posted on January 06, 2016 in Family Law

Jurisdiction can be a confusing concept for non-lawyers to understand. Jurisdiction is the power of the court to hear a case and make a decision. For several different reasons, sometimes a case is brought before a court; however, the court does not have the power to make a ruling. Hence, the court does not have jurisdiction in that case.

Two Types of Jurisdiction

In Illinois there are two types of jurisdiction: subject matter jurisdiction and personal jurisdiction. Subject matter jurisdiction is the power to rule on cases depending on the subject matter of the cases. No Illinois state court has subject matter jurisdiction over a bankruptcy case. Those cases can only be brought in federal bankruptcy courts.

Personal jurisdiction is the power over a party to the case to make a decision. Usually, in family law cases, the court has personal jurisdiction if the parties took some action in Illinois, or whose effects were later felt in Illinois. If a couple was married in another state and one of the spouses later moved to Illinois and filed for a divorce, there will be a question of whether the court has personal jurisdiction over both of the spouses.

Continue Reading ››

 Posted on December 28, 2015 in Divorce

Often, after a divorce, both parents continue to live close together. However, when one parent wants or needs to move, and therefore takes the child with him or her, situations can become complicated.

In some cases the court must give permission in the form of an order of removal before a child can move away.

Distance Matters

Not all moves are the same. Prior to the Illinois family law changes taking effect January 1, 2016, a parent could not move with a child outside of the state without first obtaining an order of removal from the court. However, that meant that someone could move hundreds of miles away, still staying in Illinois, and making parenting time difficult for the other parent without the approval of the court. Someone else could not even move just a few miles if the move was across state lines.

However, after January 1, 2016, distance will be the primary factor in determining if a parent needs the permission of the court to move. If, prior to a move, a child lives in Cook, DuPage, Kane, Lake, McHenry, or Will counties, then the parent can move anywhere within 25 miles without the permission of the court, even if the move is across state lines.

Continue Reading ››