Posted on November 28, 2019 in Child Custody

Divorcing or separated parents in a dispute over their parenting time are often looking for something that will give them an advantage over their co-parent. Pointing out flaws in your co-parent’s character feels like a strong argument for giving you a greater share of parental responsibilities. However, character attacks are not always effective in a parenting case and may instead backfire on the accuser. You will be best served during your parenting case by demonstrating the strengths of your own character and only bringing up your co-parent’s lack of character if you can explain actual ways that it is harmful to your children.

Importance of Character

Someone’s character is relevant when a court rules on the allocation of parental responsibilities if it concerns their morality and judgment. Illinois law states that providing moral and ethical guidance is one of the roles of a parent. An immoral parent may fail in that role by demonstrating a lack of morality or not teaching their children the difference between right and wrong. Other parents show a lack of good judgment that puts their children in danger or neglects their upbringing. You can express your concerns about your co-parent’s character to the court, but the court will find your claims more credible if you present third-party evidence, such as:

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 Posted on November 27, 2019 in Divorce

 Posted on November 27, 2019 in Divorce

The financial aspects of divorce can be an additional stressor for those in the process of ending their marriage. For some, this stress comes from worrying about the cost of divorce. But for couples who have money to spare, their extensive assets can actually be the root of the divorce anxiety. During divorce, couples who have a high net worth have a few different issues that many other couples typically do not have to worry about. If you are going through a high net worth divorce, here are a few mistakes you should try your best to avoid:

Concealing Assets From Your Spouse

Trying to hide assets from your spouse is not uncommon in high net worth divorces. This is possibly one of the worst mistakes you can make, because not only is it unfair, but it is illegal. During divorce negotiations, you are required to be completely truthful with your spouse and their attorney. If you do not fully disclose all aspects of your finances during the discovery process, including the income you earn, the assets you own, and the debts you owe, you could end up paying a lot more than what you would have originally, causing you to lose the assets you were trying to protect.

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 Posted on November 26, 2019 in Divorce

When you and your spouse have decided that your marriage is over, it feels like there is little reason to delay getting a divorce. You may be eager to complete your divorce and move into the next stage of your life. Prolonging your marriage can be just as stressful for your children as your divorce will be because they can tell that you are unhappy and your relationship is strained. However, a short delay in starting your divorce could ultimately pay off if you need time to prepare yourself.

Financial Security

In the rush to complete a divorce, some people do not spend enough time considering how they will support themselves – in both the short term and long term. As a newly single adult, you will be paying for all of your living expenses without the benefit of your spouse’s income. As a result, you will need to figure out:

• A new budget for yourself
• Ways that you can cut down on your expenses

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 Posted on November 22, 2019 in Annulments

In most situations, the only way to end a marriage is to divorce your spouse. However, you may be able to annul the marriage if you can prove that it was never valid. The advantage of an annulment is that you will not have to divide your properties or pay spousal maintenance because the marriage never legally existed. The disadvantage is that there is a deadline to request an annulment and you will have to put more work into arguing why your marriage should be annulled. With a divorce, you only need to prove irreconcilable differences between you and your spouse. With an annulment, you must prove one of the following conditions:

1. Lack of Consent: A marriage is invalid if one of the parties was unable to legally consent to the marriage. This could be because you were intoxicated or mentally incapacitated when agreeing to the marriage or if you were married under duress or fraudulent circumstances. Once you realize that your marriage lacked your consent, you have 90 days to get your marriage annulled.

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 Posted on November 20, 2019 in Child Custody

 Posted on November 20, 2019 in Child Custody

In the midst of the holiday season, families across Illinois are planning how to spend time together during Christmas and New Year's. In addition to the vacations surrounding these days, there are plenty of other holidays and special days throughout the year that can be fought over by parents who are no longer married. Parenting plans are required by all Illinois couples who are divorced and have children. These legal plans must contain a parenting time schedule that is followed throughout the year. Also included in the parenting plan is how holidays will be spent between the two parents. The holiday parenting time schedule will usually supersede the normal parenting time schedule, so it is important for you and your ex to agree on one that works for you.

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 Posted on November 18, 2019 in Property Division

Student loans are among the largest debts that many Americans have and can be difficult to get rid of. Even bankruptcy is unlikely to discharge your student loans. When you are married, your spouse can help you keep up with your bills or even cosign on your student loan agreement. However, what happens to your student loan debts during your divorce? In Illinois, divorcing spouses equitably divide their marital debts. There are five important questions that determine whether student loan debts qualify as marital debts and how they will be divided during your divorce:

1. When Were the Student Loan Debts Created?: The primary difference between marital and nonmarital debts is whether you entered the debt while you were married. If you took out a student loan while you were married, you will likely classify it as a marital debt. If your student loans originated before your marriage, they are likely a nonmarital debt that you are solely responsible for.

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 Posted on November 15, 2019 in Asset Division

 Posted on November 15, 2019 in Asset Division

Financial issues are some of the most commonly-cited reasons for divorce. In some cases, one spouse may not have believed in overspending, while the other spouse was comfortable with leaving a balance on the credit card every month. In other situations, spouses may have disagreed about how much to spend on daily necessities or luxury items. Whatever the reason for the financial mismatch, tensions can increase when the decision to get a divorce is made. It is not uncommon in a marriage for one spouse to be the "go-to" spouse for all things money-related. In situations like these, it can be tempting, and rather easy, for that spouse to conceal or hide assets in hopes that they will not have to share them with the other spouse.

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 Posted on November 14, 2019 in Children and Divorce

The allocation of parental responsibilities includes the responsibility to make decisions about the religious upbringing of the children. Illinois divorce courts prefer to not be in charge of deciding the religious beliefs by which the parents should raise the children. The state does not want to be seen as favoring one religion over another or dictating how people can practice their religious beliefs. If parents reach an agreement on religious upbringing, the court is instructed to approve it unless there is something unconscionable about the conditions. However, there are circumstances in which the court is forced to intervene in the parents’ religious decisions.

Lack of Agreement

When two sides in a divorce cannot reach an agreement on their own, they must take the argument to the court for a ruling. With religion, parents may disagree on:

• Which religion the children should follow

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 Posted on November 09, 2019 in Child Custody

A child’s safety with a parent is one of the factors that a family court will consider when allocating parental responsibilities during a divorce or separation. Illegal drug use in the home is a red flag that a parent may be irresponsible and creating a dangerous environment for a child. However, some of the assumptions on drug use will change starting in 2020, when Illinois officially legalizes the recreational use of marijuana.

No Discrimination Against Legal Users

The "Illinois Cannabis and Tax Act" includes a section that is titled “Discrimination prohibited.” The section states that the lawful use of marijuana under this act cannot be the “sole or primary basis or supporting basis” for limiting someone’s rights as a parent or their right to become a guardian of a child. This means a court cannot reduce your parenting time or decision making responsibilities based on your co-parent complaining that you use recreational marijuana, as long as you use it in a legal and responsible manner.

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 Posted on November 07, 2019 in Divorce

Getting a divorce is never easy, especially when it comes time to dividing your marital property and assets. One of the most valuable and treasured things you and your spouse own is most likely your family home. Divvying up such a big and expensive asset can create contention, making the rest of the property division process uncomfortable. For many couples, the family home can be a sentimental asset, especially if you have raised children in the home. When it comes down to it, there are three basic options you can choose from when deciding what to do with the home: continue co-owning the home, sell the home and split the proceeds, or allow one spouse to "buy out" the other spouse.

Co-Own the Home With Your Spouse

For some couples, keeping things just the way they are is the most beneficial option. If you have children who want to stay in the home, it can be helpful to keep the home ownership under both of your names. This can also be an option for spouses who cannot agree on what to do with the home or who want to defer decision-making regarding the home until a later date, such as when children have graduated from high school.

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