Posted on November 14,2018 in Divorce

When someone says their divorce is complex, you might envision the emotional entanglements of love lost, which can make agreements more difficult to achieve. Each divorce is complicated in its own way, but some marriage dissolutions end up more involved than anticipated, or necessary.

What factors influence whether your divorce is short and amicable or drawn-out and ugly?

Disagreements Over Separate and Marital Property

In Illinois, property division includes the determination of what is “marital property” and “separate property.” That is, the debts and assets acquired before the marriage and what occurred after the vows. During a divorce, separate property returns to the original owner, and marital property and joint debts are divided equally between the parties. Exceptions to the rule include inheritances or gifts given solely to one spouse during the union, which are typically counted as separate property. Contention sometimes arises from the determination of which assets fall into the marital property category.

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 Posted on November 07,2018 in Child Support

When a judge creates a child support order, the payments must arrive every month until the child reaches adulthood or is emancipated, adopted by a stepparent, or joins the U.S. military. 

Life circumstances often change. People gain and lose employment, marry, and divorce, and health fluctuates up and down, all of which can have a significant impact on the financial well-being of a household. For many divorced parents, it is likely that at some point during the duration of child support payments, the order may require child support modification.

Mutual Agreement

If there is a significant change to the income or financial status of either parent, modification may be an option. Both parties can minimize court time if they reach an agreement about future child support payments, either temporarily or permanently. Both parties may draw up a written agreement, including their signatures, and send it to the judge for approval. If approved, the new terms are legally binding.

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 Posted on October 29,2018 in Division of Assets

When a couple is getting divorced, any retirement assets they may have are among the most critical assets to divide appropriately. Instruments like 401(k) accounts and pensions must be divided between the spouses, because most spouses will not have planned for retirement without at least some of those funds being present. However, unlike many other assets, it is not generally possible to simply split the proceeds of a retirement account down the middle. There is a specific procedure that must be followed under Illinois law to ensure that the asset is divided equitably.

Determining a Pension’s Value

Two factors go into determining the value of a pension for purposes of marital property division. The first is whether or not the pension is, in fact, marital property. Generally, the value of the pension that accrued during the marriage is considered marital property, and the value that was there beforehand is not. Some judges may hold that these funds have commingled, but such a determination is dependent upon the facts of your particular case.

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 Posted on October 15,2018 in Divorce

Sociologists and demographers often struggle to find a specific delineation between one acknowledged generation and the next. As such, it can be difficult for a single person to identify as a member of a “named” generation. The bigger picture, however, is often more clear, as the values, tendencies, and habits of a generation become evident even with a specific demarcation indicating the exact year in which that generation began. For example, the generation known as “millennials,” represents a large group of those born from the early 1980s to the late 1990s, at least according to generally accepted standards. As the millennials are now becoming parents, their views and approach to family life are beginning to impact overall social trends, including those regarding children before marriage and divorce.

The Youthful Face of Change

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 Posted on October 10,2018 in Divorce

Tragically, addiction is something that touches millions of Americans’ lives every year. Drug and alcohol abuse, gambling addiction, and even compulsive shopping can rob a person of their joy, career, and even marriage. If you are considering leaving your spouse due to his or her addiction, you may feel lost, confused, and unsure of how to move forward with a divorce. The bad news is that divorcing an addict is often much more challenging than divorcing a person without addiction issues. The good news is that there are steps you can take to help prevent complications as well as protect yourself and your rights during the divorce process.

You Do Not Need to Prove Your Need for a Divorce

Television and movies have only added to the confusion surrounding separation and divorce. In many films, a spouse can be seen explaining how and why the other spouse created the need for the couple to divorce. In real life, you will never need to justify your desire to end your marriage. Illinois, along with every other U.S state, allows married spouses to file for divorce without specifying the “grounds” or reasoning for the separation. You will be able to file for divorce based on no-fault grounds. In Illinois the only official grounds for divorce is "irreconcilable differences," meaning that the marriage is irretrievably damaged and cannot be salvaged.

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 Posted on October 02,2018 in Domestic Violence

Domestic violence continues to plague millions of families throughout Illinois and around the country. Each year, an estimated 10 million women and men are subjected to physical abuse at the hands of an intimate partner, which averages to a shocking 20 per minute in the United States. According to the law in Illinois, domestic violence extends well beyond physical abuse, as the term also includes harassment, stalking, intimidation, and other forms of emotional and mental exploitation.

For many victims, filing for an order of protection is the first step toward seeking help and escaping an abusive situation. In Illinois, there are three types of orders of protection, and it is important to know how they each work.

Emergency Order of Protection

As the name implies, an emergency order of protection can provide immediate relief for a person who has been the victim of domestic violence or is afraid of becoming a victim. An emergency order of protection can be granted based solely on the sworn testimony of the victim if the court is convinced that the person is truly in danger or suffering emotional distress. The alleged abuser does not need to be notified in advance, nor is he or she required to appear. An emergency order can last for up to 21 days, enough time for a hearing to be scheduled regarding a more permanent solution.

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 Posted on September 26,2018 in Child Custody

There is little question about the difficulty of parenting after a divorce, separation, or break-up. If you have been given significantly less parenting time than your child’s other parent, maintaining a meaningful relationship with your child can be even more challenging. But, what happens if the other parent convinces the court to restrict or limit your parenting time even further? An experienced family law attorney can help you understand what options you may have and work with you in taking the steps to restore your parental rights.

Grounds for the Restriction of Parenting Time

The governing principle of Illinois family law regarding children and parenting responsibilities is always to serve the child’s best interests. In doing so, the court begins with the presumption that active participation by both parents is best for the child, and, therefore, will allocate parenting time to each parent based on the family’s circumstances. Your parenting time cannot be restricted unless the other parent can show, by a preponderance of the evidence, that your behavior or lifestyle seriously endangers your child. These dangers can be to child’s mental, moral, or physical health, as well as to his or her emotional development.

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 Posted on September 19,2018 in Divorce

Despite the inherent difficulties, most couples headed for a divorce are able to maintain a reasonable level of civility and personal responsibility. In some cases, on the other hand, the divorcing parties may be prone to making decisions that can negatively impact the proceedings. From a financial perspective, this may include wasting or dissipating marital assets, either out of spite or due to an attitude of apathy regarding the situation. Sadly, however, the emotional nature of divorce may also lead to accusations that are unfounded, so if your spouse has filed a groundless claim for dissipation, you will need to know how to protect yourself.

What is Dissipation?

Dissipation, according to the law, is the wasting or inappropriate spending of a marital asset during or subsequent to the irretrievable breakdown of a marriage. The problem with dissipating assets is that doing so can directly impact many of the financial considerations of the divorce process. Spousal maintenance, property distribution, and child support are all dependent upon the assets, resources, and income of the interested parties. Wasted assets are, if not addressed and repaid, may not be taken into account as required, potentially tainting the outcome.

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 Posted on September 13,2018 in Child Custody

In 2016, sweeping reforms were made to the family law statutes in the state of Illinois. One of the most notable changes was the elimination of the old idea of child custody and the introduction of a new way of thinking. This new approach is called the “allocation of parental responsibilities,” and it focuses in a positive way on how each parent will contribute to raising their children in the wake of a divorce or breakup.

Understanding Parenting Plans

Today, parents who are involved in a divorce—or, in fact, any proceedings that address the allocation of parental responsibilities—are expected by law to create a written parenting plan proposal. This expectation is set forth in the Illinois Marriage and Dissolution of Marriage Act (IMDMA). The IMDMA recognizes that an agreement between the parents is almost always preferable to litigation in the courtroom, so parents are statutorily encouraged to develop a workable agreement if at all possible. The parenting plan agreement must address a number of required concerns, including but not limited to:

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 Posted on September 05,2018 in Divorce

Divorce has long been linked with a variety of health effects. Increased stress and anxiety, for example, are common during and immediately following the divorce process, which, in some cases, can evolve into full-blown depression. In other situations, a divorce offers an escape from a bad marriage, allowing a once-trapped spouse to experience a renewed sense of freedom and hope—resulting in overall better personal health. It turns out, however, that divorce could be affecting women differently than it does men, at least in terms of heart health. According to a recent study, women who were divorced had a higher risk of suffering from heart attacks than divorced men, who had to go through a second divorce before their heart attack risk increases.

The study, which was published in the medical journal Circulation: Cardiovascular Quality and Outcomes, was conducted by researchers from the Duke Clinical Research Institute at Duke University. The team analyzed data gathered from more than 15,000 participants between the years 1992 and 2010. Each participant was between the ages of 45 and 80 and had been married at least once. At the beginning of the study, 14 percent of the men and 19 percent of the women were divorced. Eighteen years later, more than 35 percent of the entire group had been divorced at least once.

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