Posted on December 17,2020 in Divorce

Ending a marriage is much more legally complex than many people realize. Getting a divorce is not as simple as dissolving the legal marital relationship and moving on. Divorcing spouses must also decide how to divide their property and debt, allocate the custody of children, and resolve several other issues. Many couples are able to reach an agreement about the terms of their divorce without court intervention. However, others end up going to trial. If you are planning to divorce, you may have questions about the difference between out-of-court settlements and divorce litigation, and wonder if there are ever circumstances in which it makes sense to take a divorce case to trial.

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 Posted on December 08,2020 in Child Custody

When unmarried parents have a child together or married parents get divorced, a decision must be made about how to divide parental responsibilities and parenting time. Many parents choose to co-parent their children—the child spends time at both homes and the parents share responsibility for making major decisions about their child. In other cases, one parent is responsible for all or nearly all of the parental responsibilities and parenting time. There are countless issues that can influence child custody decisions. One concern that many parents have is whether or not their mental illness will impact these custody determinations.

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 Posted on November 23,2020 in Child Custody

In Illinois, child custody is broken down into two main components: parental responsibilities and parenting time. Formerly known as visitation, parenting time refers to the time a parent spends directly caring for his or her child. Illinois courts make all child custody decisions based on the child’s best interests. In some cases, the court may decide that supervised parenting time is necessary to ensure the safety of the child.  

When is Supervised Visitation Required?

Supervised visits may be ordered anytime that there is concern about a parent’s ability to adequately care for a child and ensure the child’s safety. Often, supervised visitation is required because the parent has been accused of domestic violence or abuse. This abuse may have been directed at the child, the other parent, or another party. Supervised visitation may also be required if a parent has a severe mental illness, substance abuse problem, or addiction that could endanger the child. The court may also require supervised visits if the parent has previously neglected the child or there is a concern that the parent could attempt to kidnap the child.

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 Posted on November 19,2020 in Child Custody

Divorcing parents are expected to create a “parenting plan” that addresses how they plan to allocate child-related responsibilities within 120 days of filing for divorce. However, many couples struggle to reach an agreement about the numerous issues addressed in a parenting plan. Because most parents have strong opinions about what is best for their children, disagreements about child custody concerns during divorce can quickly become contentious. If you and your spouse do not see eye-to-eye about child custody concerns, one option that may help you reach an agreement is collaborative law.

What is the Collaborative Law Process for Family Law Issues?

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 Posted on November 12,2020 in Divorce

Property division is often one of the most consequential aspects of divorce – especially for high-net-worth individuals. Some divorcing spouses reduce the value of the marital estate through excessive or careless spending or even intentionally destroying assets. This is referred to as the “dissipation of assets.” When a spouse spends money or property on a purpose not related to the marriage immediately prior to divorce, the other spouse may be entitled to compensation for the dissipated assets. Through a dissipation claim, you may be able to recover the value of assets your soon-to-be ex-spouse spent on extravagant vacations, gifts, or other unnecessary purchases.

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 Posted on November 05,2020 in Child Support

Typically, child support is paid by the obligor parent until the child reaches 18 years old and graduates high school. If the child attends college, child support may continue during his or her undergraduate education. It is usually assumed that once a child reaches adulthood, he or she will move out of his or her parent’s home and become financially self-supporting. However, a child with disabilities may not be able to reach this level of independence at any age. If you have a child with a mental or physical disability, you may be entitled to receive child support payments even after he or she is no longer a minor.  

Defining Disability For the Purposes of Non-Minor Child Support

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 Posted on October 26,2020 in Division of Assets

A fair divorce settlement or judgment is only possible if both parties are honest and forthcoming about their assets, income, business revenue, debt, and other financial information. However, some spouses intentionally hide assets in an effort to make their financial situation look worse than it actually is. They may do this in an attempt to avoid splitting the value of the assets during property division, to pay less in child support, or to lessen their spousal maintenance obligation. If you suspect that your spouse will try to hide assets or otherwise lie about finances during your divorce, speak to a skilled divorce lawyer as soon as possible.

Your Spouse Refuses to Give You Access to Financial Information

One sign that your spouse is currently hiding assets or is planning to lie about assets during your divorce is refusing to let you access financial documents. Most lawyers encourage spouses to gather financial documents like tax returns and bank statements when preparing to divorce. If your spouse is suddenly hesitant to let you view these documents or moves financial documents or computer files to a new location, this may be a sign that he or she is hiding something. If your spouse reroutes mail like bank statements to a new address or P.O. box, this may also be a sign that the documents contain information that he or she does not want you to see.  

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 Posted on October 21,2020 in Family Law

If you are going through a divorce, child custody dispute, or another family law proceeding, you may be interested in learning about guardians ad litem (GALs). A GAL is a child representative who helps protect a child’s best interests during a legal proceeding. GALs are sometimes appointed to a case by a judge and they are sometimes requested by a parent who wants to ensure that his or her child’s best interests are being prioritized. A guardian ad litem can have considerable influence over the allocation of parental responsibilities and other family law concerns, so it is important to understand how the appointment of a GAL may impact your case.

GALs Are Child Advocates

A guardian ad litem is often appointed during child custody disputes and family law cases involving allegations of abuse. The GAL is specially trained in family law matters and is tasked with representing children’s best interests during legal disputes. If a GAL is appointed to your case, he or she will investigate the circumstances of the case and then make a formal recommendation to the court about the case’s outcome. During the investigation, the GAL may:

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 Posted on October 14,2020 in Child Custody

If you are a parent who is unmarried, divorced, or planning to end your marriage, you may have questions about child custody. Disputes about the allocation of parental responsibilities and parenting time can be complicated and contentious. One issue that commonly arises is a parent wishing to move or relocate. If you or your child’s other parent is planning to move, you should know the laws in Illinois regarding parental relocations and how this may influence your parental responsibilities and parenting time.  

Defining “Relocation”

Considerable changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) went into effect in 2016. Among these changes was a total overhaul of how the state deals with parental relocations. Formally called “child removal,” moving with a child when you share custody can dramatically change the co-parenting situation. If a parent with the majority of parenting time, formerly called the “custodial parent” or a parent with equal parenting time wishes to “relocate,” there are certain steps he or she is required to take. A parental move is considered a “relocation” if:

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 Posted on October 07,2020 in Mediation and Collaborative Law

Parents who are getting divorced in Illinois are asked to create a “parenting plan” or parenting agreement which describes the way they plan to share parenting time and responsibilities. There are over a dozen issues which must be addressed in the plan, including when the child will live with each parent, how the child will be transported between homes, how future modifications to the plan will be handled, and more. Family law mediation may be particularly beneficial to divorcing couples with child-related disputes. If you and your spouse are planning to divorce, mediation may enable you to design a parenting plan that benefits you as well as your children.  

Mediation Allows Both Parents to Express Ideas and Concerns

There are only two ways that Illinois parenting plans are created: through an agreement between the parents or through the court. Child custody litigation can be stressful, expensive, and can lead parents to be even more resentful of each other. Furthermore, when the court makes a decision about parental responsibilities and parenting time on the parents’ behalf, the parents have much less direct input. Through mediation, you and your spouse will have the opportunity to express your wishes, ideas, and concerns. The mediator is unbiased and will make sure that each spouse has the opportunity to express his or her opinions.

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