Posted on January 18, 2021 in Divorce

When you have made the decision to get divorced, there are many things that you need to do to prepare for the process. Among these is finding a divorce attorney who is willing to advocate on your behalf and fight to protect your best interests if necessary. Once you find the right lawyer, you will want to meet and spend some time with him or her so your attorney can best represent you. The more information you provide, the better your attorney is able to handle your case.

As you go into the first meeting with your lawyer, there are a number of things that you should be sure to cover, including:

What Information Do I Need?

For your discussion with your lawyer, you want to bring documentation that illustrates your financial contributions to the marriage. Most commonly, this includes tax returns, proof of income, bank statements, stocks, bills, and insurance paperwork. You also want to include debt information, including outstanding loans. Take the time to collect documents such as tax returns, pay stubs, credit card bills, and insurance policies so that your lawyer can have a good starting point for building your case.

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 Posted on January 13, 2021 in Divorce

If someone were to ask you right now how much money you would need each month to live comfortably, do you think you could give them an accurate number? Most people have no idea how much money they actually need to survive each month or how much they actually spend, even if they do have a budget. However, when you go to get a divorce, it is important to have an idea of your spending habits and financial needs, as it will be one of the questions that your attorney will bring up when discussing issues including spousal support and asset division. Most of the time, people will significantly underestimate or overestimate what they actually need to live a comfortable life or to maintain the lifestyle that they had during their marriage. A lifestyle analysis can help to ensure that you are prepared for life after your divorce is final.

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 Posted on January 11, 2021 in Divorce

Divorce does not have to be bitter and expensive. In many cases, a couple has the basic agreement worked out before the divorce is even filed. This is generally known as an uncontested divorce, and such a resolution may be possible if you and your spouse are able to work together amicably. It is a good idea, however, to ask a qualified divorce attorney to at least review your agreement before you submit it to the courts.

Advantages of Uncontested Divorce

An uncontested divorce means that the two sides have no issues to argue over. They file jointly for a divorce and ask the court to approve the agreement they have already worked out. In some cases, the agreement may need to be amended slightly to address minor details, but the spouses have agreed in principle to make it work.

The main advantages of an uncontested divorce are that the two sides save themselves time, frustration, and money by agreeing to everything in advance. While both sides should have the help of a lawyer in drafting and reviewing any agreement, the attorney fees will often be much lower than in cases with multiple court hearings and piles of legal documents drafted.

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 Posted on January 06, 2021 in Children and Divorce

It is one thing to tell your spouse that you want a divorce. However, telling your children that you and their other parent will be divorcing is another thing altogether. While parents are likely to worry about how their divorce will affect their children, it can actually be the best option for both the adults and children. Rather than experiencing regular conflict and tension between parents, children can benefit from growing up in a less stressful environment. When breaking the news of divorce, parents will want to approach the conversation in a way that helps children understand and prepare for how their lives will change.

Talking to Younger Children

The approach to telling your children that you and your spouse are getting a divorce is going to differ depending on their ages. A younger child may have a harder time understanding what a divorce means, but they could have an easier time adjusting to the change. If your children are far apart in age, you may wish to discuss the divorce with each of them separately.

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 Posted on January 06, 2021 in Family Law

In most situations in which a child’s parents are not married or in a relationship, there will be some type of formal custody agreement detailing the rights and responsibilities of each parent, including the allocation of parenting time between them. Both parents have a legal obligation to financially provide for their child, whether or not they are the parent who is required to pay child support to the other parent. Most often, the parent with less parenting time is the one who pays support, the amount of which is determined by a formula that considers income and other factors. There are a number of reasons why a person may not make their child support payments, which can be extremely frustrating and financially straining for the other parent. If your child’s other parent is behind on child support payments, an Illinois child support enforcement lawyer may be able to help.

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 Posted on December 29, 2020 in Child Custody

Getting a divorce is not easy, especially when children are involved, and it is important to understand the decisions you and your spouse will need to make regarding your children. Prior to 2016, Illinois still used the terms physical custody, legal custody, and visitation when dealing with divorces that involved children. After substantial reforms to the Illinois Marriage and Dissolution of Marriage Act in 2016, there are now two major components that you must address if you have children and are seeking a divorce: parental responsibilities and parenting time. These changes were made in recognition of the way parenting actually happens in families. Rather than having one parent as the sole child-rearer, the law encourages parents to share parenting time and responsibilities.

Legal Definitions of Parenting Time and Parental Responsibilities

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 Posted on December 29, 2020 in Spousal Maintenance

Even in today’s world where a two-income household is becoming more of the norm, it is not uncommon to come across a family in which one parent works while the other stays at home to take care of the children. This may work during the marriage, but if the couple were to ever get a divorce, the stay-at-home parent could be at a significant financial disadvantage. In these types of situations, spousal support, also known as spousal maintenance or alimony, is sometimes awarded to a lesser-earning spouse to help them become self-sufficient and to ensure they are able to enjoy a similar standard of living that they enjoyed during the marriage.

How Long Does Spousal Support Continue?

The terms of a spousal maintenance award, including the duration of the payments, can differ from case to case depending on a variety of factors. However, there are a few situations in which spousal support will almost always automatically terminate:

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 Posted on December 23, 2020 in Asset Division

Getting a divorce often makes people feel like they are diving into the great unknown. From the moment you and your spouse make the decision to split up, there are many changes that should be anticipated. Some of the biggest changes that take place during a divorce have to do with your finances and how your assets are distributed. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) states that each spouse is supposed to get an equitable share of the marital estate, which may not always work out to be an equal share. However, when it comes to certain assets, such as those obtained through an inheritance or family wealth, property division can become tricky because each situation is different from the next.

Determining Your Marital and Non-Marital Property

Prior to actually dividing any of your property, your attorney will want to determine which of your properties are marital assets and which are non-marital assets.  According to the IMDMA, in general, any asset acquired by either spouse prior to the marriage is considered to be non-marital property that is not subject to division during a divorce. Any asset that is acquired by either spouse during the marriage is considered to be marital property, which is subject to division during a divorce. There are a few exceptions to the marital property rule, however. Assets that are obtained during a marriage can be considered non-marital property if the asset:

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 Posted on December 21, 2020 in Property Division

When determining parenting arrangements for children during divorce, there are rules that help determine a child’s future based on his or her well-being. Divorcing couples will also need to determine how to divide their property and assets. However, what happens when the property shared between a couple is a living thing? For many years, Illinois law treated pets as property, similar to a television or furniture, but the law was recently changed, and additional considerations now apply to pets during a divorce.

What Has Changed?

In 2018, an amendment to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) regarding the treatment of pets during a divorce was put into effect. Deciding on the "custody" of pets is now handled in a manner that is closer to that of children than it once was. While pets are still considered property, the new law states that when making decisions about ownership of pets—referred to as companion animals in the law—a judge should consider the animal’s well-being. This law, however, does not apply to service animals. A service animal is defined as an animal that is specially trained to benefit a person with a disability, such as a guide dog for a blind person or a seizure response dog that specializes in aiding a person with a seizure disorder. These animals are likely to stay with the person whom they are trained to serve.

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 Posted on December 16, 2020 in Child Support

There are currently about 2.3 million Americans incarcerated in the United States, approximately half of whom are parents. Furthermore, one in five has a monthly child support obligation. In most situations, this obligation simply remains unpaid, because for many, the small income that may be available for working within the jail or prison will not cover the costs. If the individual is serving an extended sentence, the unpaid support can accumulate to become an insurmountable debt. Throughout all of this, however, the children still need financial support from both parents.

Support Options for the Recipient Parent

If you are the parent to whom support payments are made and the other parent is currently incarcerated, his or her sentence does not automatically mean you are not eligible for payment. First, a child support order does not automatically stop due to incarceration. The only person who may modify a child support order is a judge through a modification hearing, which may be requested by either parent. Also, it is possible for inmates to make a payment due to having other income and assets available.

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