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Recent Blog Posts
How Does the Illinois Stay-At-Home Order Affect Parenting Time?
The coronavirus has been in the news for weeks now. The virus, also known as COVID-19, has spread rapidly across the world and the United States. There are currently more than 140,000 cases of Coronavirus in the United States, with over 2,400 deaths to date. The virus has been quickly spreading across the country, and currently, the primary recommendations made by the Centers for Disease Control and Prevention (CDC) and the World Health Organization (WHO) are to practice social distancing. This has led many states, including Illinois, to enact stay-at-home orders, requiring residents to only leave their homes for life-sustaining reasons. This has also led many people to wonder how this order will affect their parenting time and parenting plans.
Understanding the Executive Order
Illinois Gov. J.B. Pritzker issued an executive order on March 20, 2020 that requires all Illinois residents to stay in their homes and avoid social gatherings. The order still allows people to leave their homes for outdoor activities, such as walking the dog or exercising, or for other essential errands, such as going grocery shopping, getting gas, or picking up prescription medications. Travel has also been restricted to essential travel only, though roadways will still be open. Essential travel includes travel to care for the elderly, minors, or other vulnerable people, travel to return to one's residence, and travel for other essential tasks.
Should You Wait to Divorce Because of the Coronavirus?
The coronavirus epidemic has created shockwaves throughout society, and some marriages may be part of the collateral damage. Millions of residents in the U.S. – including those in Illinois – have been ordered to stay at home as much as possible. Some of those residents have lost their jobs, leaving their financial future in doubt. With couples feeling immense stress and unable to escape each other, they are more likely to argue and feel resentful towards each other. Increased time together can also make it more obvious if they no longer love each other or feel unhappy in their marriage. Some couples may conclude that they would like to divorce. However, should they delay getting their divorce until after the epidemic has calmed down?
Reasons to Wait
If your mind is made up that you want to divorce, you may feel restless to get started. However, this may not be the best time to do so. Consider these questions:
Five Factors When Dividing Vehicles in a Divorce
Unless you live in an area with a robust public transportation system, your vehicle is one of the most essential properties that you own. Thus, your car is one of the more important properties that you will include in your division of property during a divorce. The division may seem straight-forward if you own two vehicles. You each will get one vehicle. However, there are several issues related to your vehicles that you need to consider before completing your divorce:
- Is the Vehicle a Marital or Separate Property?: If you purchased the vehicle during your marriage with your shared income, then it is marital property. It may be separate property if you purchased it before your marriage, you received it as a gift, or you managed to pay for it with money that is separate from your marital assets. However, a vehicle you purchased before your marriage can become marital property if your spouse has helped you repay the loan on the vehicle.
COVID-19 FAQs
Q: What will happen to the court dates I have scheduled?
A: Kane, DuPage, Kendall and DeKalb Counties have all suspended non-emergency court dates through April 17, 2020. In Kane County, the judges are offering teleconferencing for previously scheduled pre-trial conferences and our office is working with our opposing counsels to move forward with those scheduled matters. The Circuit Clerk's Offices will be sending new dates for previously scheduled Case Management Conferences and status hearings. If your case was set for an extended hearing or trial, it is likely that those new dates will be scheduled after the courthouses resume regular operations. Should any circumstances change, we will be in touch with all of our clients to update you.
Q: Do I still need to follow my court ordered parenting schedule?
A: You should always follow court orders that are in place unless such orders are modified by the Court. However, during this time, it is imperative that you follow the advice of your doctor, your government officials, and the Center for Disease Control. Continue to work with your former spouse or partner to transition children between households in a safe manner. It is always best to keep children calm and stable in unfamiliar situations. If you have a specific question about your individual cases or parenting plans, please contact our office and we can answer your questions.
Can Sexual Dysfunction Lead to an Illinois Divorce?
Can Sexual Dysfunction Lead to an Illinois Divorce?
There are many reasons that a marriage can end in divorce. Some couples may find that they want different things in life or that they are not happy together anymore. Other couples may become so distant with each other that one spouse strays outside of their marriage. However, that is not the only sex-related issue that can lead to divorce. In some cases, sexual dysfunction can also be a reason for the split.
Understanding Sexual Dysfunction
Sexual dysfunction can occur with either spouse, though many falsely believe that this is only experienced by males. Sometimes, sexual dysfunction can manifest in men if they have difficulty or inability to maintain an erection. Women may experience pain during intercourse, making it unbearable to have relations with their partner. Sexual dysfunction can be difficult for many couples to deal with and it can often cause other issues in the marriage. If either spouse is experiencing sexual dysfunction, it can lead to a pattern of anxiety, avoidance, or abstinence from sex, damaging the marriage in the process.
COVID-19 FAQs
Q: What will happen to the court dates I have scheduled?
A: Kane, DuPage, Kendall and DeKalb Counties have all suspended non-emergency court dates through April 17, 2020. In Kane County, the judges are offering teleconferencing for previously scheduled pre-trial conferences and our office is working with our opposing counsels to move forward with those scheduled matters. The Circuit Clerk's Offices will be sending new dates for previously scheduled Case Management Conferences and status hearings. If your case was set for an extended hearing or trial, it is likely that those new dates will be scheduled after the courthouses resume regular operations. Should any circumstances change, we will be in touch with all of our clients to update you.
Q: Do I still need to follow my court ordered parenting schedule?
A: You should always follow court orders that are in place unless such orders are modified by the Court. However, during this time, it is imperative that you follow the advice of your doctor, your government officials, and the Center for Disease Control. Continue to work with your former spouse or partner to transition children between households in a safe manner. It is always best to keep children calm and stable in unfamiliar situations. If you have a specific question about your individual cases or parenting plans, please contact our office and we can answer your questions.
Who Gets Jurisdiction When Divorced Parents Live in Different States?
The term “homecourt advantage” extends beyond the sports world. There is an advantage to having your divorce in a court that is close to where you live. Having to travel to another state for your divorce would be more costly, especially if you need to use litigation to settle your case. Choosing a court for your divorce should not be an issue if you both live near each other. If more than one state can claim jurisdiction for your divorce, the state that hears your case may depend on who files first and the practicality for both sides. Illinois has rules concerning jurisdiction in a parenting case when the two parents live in different states.
Determining Jurisdiction
The Uniform Child-Custody Jurisdiction and Enforcement Act says that the home state of the children should have jurisdiction over a parenting case but Illinois can claim jurisdiction if:
How Much Is Cheating Responsible for Divorce?
Infidelity is the most obvious example of a singular event that would cause a divorce. There are no comprehensive numbers on how many divorces involve one spouse cheating on the other because couples are no longer required to give a reason for divorce. Surveys suggest that infidelity is one of the most commonly cited reasons for divorce, but not all cases of infidelity result in divorce. Cheating is often the symptom of other marital problems that could have led to divorce on their own.
Something Lacking
A person who seeks an extramarital affair is likely looking for something that they are not getting or are unsatisfied with from their marriage. Sexual activity is often what is lacking, though the cheater can also have an emotional affair. A person may feel a lack of intimacy in their marriage but never seek satisfaction outside of the marriage through infidelity. However, that does not make the faithful spouse any happier in the marriage. If your goal is to save your marriage from a lack of intimacy, you need to discuss your concerns with your spouse, possibly through couples therapy. If you know you have no interest in continuing the marriage, you can save some pain by ending your marriage instead of having an affair.
Can You Go to Jail For Contempt in an Illinois Divorce Case?
It is true that divorce is a stressful process that is wrought with emotions. Divorcing your spouse is a serious life change that can cause distress for the whole family, but it is not just an emotional process. First and foremost, divorce is a legal process that comes with certain legal requirements. There are many times during a divorce that the court may order you to do things, and these orders are not suggestions — they are legally-binding and required by law. In some cases, refusing to cooperate with the court’s orders can result in jail time until the orders are followed.
What Is Contempt of Court?
Being in contempt of court is something you should do your best to avoid. If you are considered to be in contempt of court, you either did something that the judge specifically told you not to do or you did not do something that the judge ordered you to do. For example, a parent may be held in contempt if they refuse to follow their court-ordered parenting time schedule or if they do not meet requirements for paying child support.
What Are You Not Allowed to Do in a Prenuptial Agreement?
A prenuptial agreement is a useful document to have on hand if you and your spouse ever divorce. Though preparing for a hypothetical divorce seems awkward, it can be easier to come to an agreement now on how to divide some assets than it would be during a divorce, when you may feel less inclined to cooperate. The prenuptial agreement creates a framework for a divorce agreement, which would save you some time during a divorce. However, there are limitations to what a prenuptial agreement is allowed to do in Illinois. If you create an agreement that breaks the state’s rules, then your agreement will be invalid once it comes time to use it. Here are three things you cannot do in a prenuptial agreement:
- Settle on Parental Responsibilities and Child Support: A prenuptial agreement cannot decide how you will allocate parental responsibilities or divide child support. The parenting plan in a divorce must serve the best interests of the children. You cannot know in advance what division of parenting time will be best for the children, especially if they are not even born yet. Illinois calculates child support using a formula based on both parents’ incomes. You cannot decide that one parent would pay less child support than what they are legally obligated to pay.
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