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?

Family law deals with issues such as divorce, the allocation of parental responsibilities and parenting time, and child support. One alternative resolution method that may help individuals settle family law issues without taking the case to trial is collaborative law or collaborative divorce. The collaborative law process involves the parties and their respective attorneys meeting together to negotiate the unresolved issues, find common ground, and explore potential solutions. The end goal of the collaborative process is to reach a mutually-agreeable decision about the issue at hand.

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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.

Illinois Law Regarding Dissipation of Assets

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) contains a provision defining dissipation and addressing how wasted or destroyed assets should be handled in a divorce. Dissipative spending is excessive spending that does not benefit the marriage in any way. So, spending money on groceries, home repairs, or other necessary, reasonable expenses would not qualify as dissipation. Examples of dissipation may include:

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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

The costs of raising a child – especially a child with special needs – can be overwhelming. If your child suffers from a medical condition that reduces his or her independence, you may worry about how you will cover these costs without assistance from your child’s other parent. Fortunately, Illinois courts may continue a child support order past the typical termination date if the child has a disability. Illinois defines a disability as a mental, psychological, or physical impairment that considerably limits a child’s ability to make sound decisions and care for himself or herself. Developmental disorders like autism spectrum disorder as well as physical handicaps may qualify a child for continuing support. To receive non-minor child support, the disability must have been diagnosed while the child was eligible for traditional 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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 Posted on September 28, 2020 in Division of Assets

During a divorce, you and your spouse will—through negotiation, mediation, or litigation—decide how your assets should be allocated between you. Before you can make this decision, appraisers must determine the value of the properties in question. Since there is no exact method for doing this, appraisers choose from a handful of acceptable techniques. The valuation process plays a significant role in determining how you push for your fair share during a divorce. Dividing marital assets is only part of a divorce, and you will need excellent legal counsel to effectively move through the process.

Methods of Appraising Property Values in Illinois

When determining the value of real estate, appraisers usually use one of the following three options, or a combination of the three, to reach an appropriate result:

Cost Approach

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 Posted on September 23, 2020 in Child Support

If you are going through a divorce, the court will usually factor health care costs into the child support order they issue. This could significantly alter the amount of regular child support payments depending on what your and your spouse’s insurance offers. The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) outlines exactly how a court will calculate a child support order, so it is important to learn more about how this legislation could affect your divorce order by discussing your case with a divorce attorney.

Child Support and Providing for Health Care Costs in Illinois

Basic child support requirements already should include ordinary out-of-pocket medical expenses. Also, the court may decide to require one or both spouses to ensure that their health insurance coverage covers their child, that they purchase health/dental/or vision policies to cover their child, or that they use alternative solutions to cover their child’s present and future medical needs. While child support orders typically require one spouse to make regular payments to help the other spouse provide for their child, the court may also encourage one or both spouses to pitch in to meet any medical expenses that are not covered by insurance, like office or pharmacy copays.

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 Posted on September 16, 2020 in Divorce

Legally, it does not matter which spouse files for divorce in Illinois. The spouse that files for divorce is called the petitioner (or plaintiff), and the other is the defendant (or respondent.) Technically, this terminology has no impact on the outcome of a divorce. However, which spouse files for divorce can have subtle, largely subjective effects on the divorce proceedings, a few examples of which we will offer in this post. If your spouse filed for divorce or you plan to, do not hesitate to speak with a divorce attorney so that you can be better prepared to pursue a fair and sustainable outcome.

Why the Timing of Divorce Filing Could Matter

Before understanding the psychological consequences of filing for divorce, it is worth understanding how the time when a petitioner files can affect the divorce process. First, the court will most likely use the date of filing to determine the value of a couple’s assets that must be divided. If you wait too long to file, your spouse can dissipate your marital assets to try to prevent you from getting your fair share. It is possible to recover dissipated assets, but doing so is not always easy.

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