Posted on October 12, 2022 in Child Custody

It is not uncommon for disputes regarding parenting time and parental responsibilities to become quite contentious. Emotions are running high and what is best for the child can become lost in the shuffle. The courts understand this and have designed a process to help ensure that children's best interests are always the top priority. Guardians ad litem (GALs) play an important role in these types of cases.

A "Guardian ad Litem" is a person, usually an attorney, who is appointed by the court to represent the best interests of a minor child or children in such disputes. The Guardian ad Litem will investigate both parents’ side of the story and make recommendations to the court as to what they believe is in the child's best interests.

When is a Guardian ad Litem Assigned to a Case?

There are no hard and fast rules as to when a GAL will be assigned to a case. Generally, however, it will happen when the court feels that it would be helpful to have an objective third party involved. This is especially true if there are allegations of abuse or neglect. The court may also appoint a GAL if the parents are unable to come to an agreement on their own regarding child custody issues. Either parent may also request that a GAL is assigned to a child custody dispute or divorce case.

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 Posted on October 07, 2022 in Domestic Violence

Although women are statistically more likely to be abuse victims than perpetrators, women are just as capable of inflicting physical, mental, emotional, and psychological abuse as men. Sometimes, a woman in a same-sex relationship abuses her female partner. In other cases, the victim of the abuse is a woman’s boyfriend or husband. Although it is not talked about as frequently as other types of abuse, physical abuse against men is not uncommon. Approximately one out of every seven men has been the victim of intimate partner violence.

If you are ready to leave your abusive wife and get a divorce, you may understandably feel uncertain about the road ahead. Leaving an abusive spouse is not easy, regardless of the perpetrator’s gender. Read on to learn about your legal options in a situation like this.

Get an Order of Protection

Illinois laws protect all victims of domestic violence. If your wife has physically injured you, threatened you, or harassed you, do not wait for the situation to escalate before taking action. You can request an Emergency Order of Protection at your local county courthouse based on your testimony alone. Your wife’s presence is not required.

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 Posted on October 06, 2022 in Divorce

Child support obligations in Illinois are based on both parents’ net incomes. For many payers, or "obligors," child support payments represent a major monthly expense. If someone is already making child support payments to an ex, he or she may worry about how he or she will afford additional child support payments. People in this situation are usually filled with questions. If a parent has children with multiple partners, does he or she pay child support to every partner? How much does he or she pay? These questions can cause great concern for both payers and recipients of child support in Illinois.

Read on to learn how Illinois courts handle child support when someone has multiple families and what you can do if you need help establishing, changing, or enforcing a child support order.

How is Child Support Usually Calculated?

As of July 1, 2017, Illinois uses the Income Shares formula to calculate child support. The parent with less parenting time is responsible for paying child support to the parent with more parenting time. The amount he or she pays is determined by a formula that uses both parents’ net incomes. The basic steps of the Income Shares calculation are as follows:

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 Posted on October 04, 2022 in Children and Divorce

Divorce is not uncommon, and most children have friends, family members, and schoolmates with divorced parents. However, the pervasiveness of divorce does not cancel out the deep emotional impact of divorce on children. If you are a parent planning to end your marriage soon, you may be unsure of how to broach the subject with your children. The moment your children learn about the divorce is likely a moment they will remember for the rest of their lives. The "divorce talk" should be carefully thought out and planned in advance so that it goes as smoothly as possible.

Telling Your Children About the Divorce

The first step is to make the decision about when and how to tell your children about the impending divorce. You and your spouse should sit down together and decide what you will say and who will say it. It is often best for both parents to be present for the conversation, but if that is not possible or practical, then one parent should take the lead. Do not tell your children about the divorce until you are absolutely certain the marriage is over.

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 Posted on September 26, 2022 in Child Support

In Illinois, both parents have a legal responsibility to provide financial support to a child. The parent with the greater amount of parenting time, or time spent with the child, is the parent who receives child support. The parent with less parenting time is responsible for making child support payments. Child support payors or "obligors" may be men or women. However, statistics show that about 85 percent of the people who pay child support are men.

Many people have questions about how and when a father is required to pay child support. For example, does a father have to pay child support if he never sees his child? Can a father surrender his parental rights? Can a father avoid paying child support by refusing to sign the birth certificate?

Parentage and Paternity in Illinois

In order to understand how child support works, it is important to first understand the concept of "parentage." Parentage is defined as the legal relationship between a child and his or her parents. Once parentage is established, parents have certain rights and responsibilities towards their child. Parentage involving fathers is called paternity.

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 Posted on September 23, 2022 in Divorce

All divorcing couples are required by law to fully and frankly disclose all of their assets (and income, expenses, and debt). Sadly, though, it appears that some individuals simply cannot resist the temptation to steal or lie in order to retain at least a piece of those riches for themselves.

If you suspect hidden assets in your divorce, you may want to work with an attorney experienced in forensic accounting.

Red Flags for Hidden Assets

Financial red flags might be simple to identify. There is a long list of questionable actions your spouse might take, but here are a few:

• Being extremely controlling with money matters, possibly limiting your access to accounts or statements

• Refusing to explain transactions to you or conducting opaque business

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 Posted on September 22, 2022 in Divorce

Unfortunately, life is unpredictable and rarely works out according to plan. If you are pregnant and considering divorce, you probably never expected to be in this position. You may be unsure of whether divorce is the right option or even possible in this situation.

There is no one-size-fits-all answer to this question, as every pregnancy and divorce is unique. However, it is generally possible to get divorced while pregnant in Illinois. Whether or not it is the best option for you, however, depends on your individual circumstances.

Divorce Requirements in Illinois

There is no law preventing a spouse from getting divorced while pregnant. If you or your spouse is currently expecting, you will need to meet the same divorce requirements as any other couple. In Illinois, there is only one "ground" or legal justification for divorce: irreconcilable differences. If both spouses agree that there are irreconcilable differences and the marriage is unsalvagable, there is no mandatory waiting period before they can divorce. If one of the spouses disagrees that there are irreconcilable differences, the spouses can live separately for six months to meet the "irreconcilable differences" standard and proceed with the divorce. Furthermore, at least one spouse must have lived in Illinois for at least 90 days for the couple to qualify for a divorce.

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 Posted on September 16, 2022 in Asset Division

When a divorcing spouse is a doctor, accountant, attorney, or another professional with a private practice, this can heavily influence the property division process during divorce. A professional practice is often considered a marital asset, which means it would be subject to equitable distribution in a divorce. However, there are certain special considerations that must be taken into account when dividing a professional practice. It is important to seek legal counsel early on in the divorce to determine how best to protect your interests.

Spouses May Both Have a Right to a Portion of the Professional Practice’s Value

If a professional practice is considered marital property, both spouses may have a right to the value of the professional practice. This is likely to occur if the practice was opened during the marriage or if the non-owning spouse contributed to the development and growth of the practice.

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 Posted on September 14, 2022 in Divorce

The term "divorce coach" is one that few are familiar with. The word "coach" is usually used in connection with sports teams or mentorship. You will not find a divorce coach wearing a whistle or explaining football plays. However, divorce coaches do fulfill a similar role as sports coaches. A divorce coach helps a divorcing spouse navigate their divorce from start to finish, providing the emotional and practical support the spouse needs during this difficult time.

What Does a Divorce Coach Do?

Divorce is one of the most stressful experiences a person can go through. A divorce coach can do many things, but their main goal is to help a divorcing spouse cope with the emotional aspects of divorce. A divorce coach:

• Helps the spouse identify and process their feelings

• Provides guidance on how to deal with difficult emotions

• Encourages the spouse to manage their stress levels

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 Posted on September 12, 2022 in Child Custody

Originally published: May 23, 2014 ---- Updated: September 12, 2022

The way Illinois describes child custody and visitation has changed in recent years. A parent's power to make major decisions about his or her child's upbringing is called "parental responsibilities." The time a parent spends caring for his or her child is "parenting time." Illinois courts encourage parents to work out the allocation of parental responsibilities and parenting time in a written agreement, but if the parents cannot agree, the court will make a decision.

If the parents have a "shared parenting" arrangement, each parent has the child at least 40 percent of the time. Child support calculations reflect the relatively equal amount of parenting time in shared parenting arrangements.

Fathers’ rights advocates across the country are challenging the presumption that women make better parents. These men accuse courts of affording women preferential treatment in child custody battles and argue that "joint" custody is a joke. But family law experts counter that the so-called maternal presumption is no longer the ubiquitous standard-bearer that it was formerly.

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