Posted on February 21,2018 in Divorce

Nearly all of us know at least one person who would describe his or her relationship status as “separated.” In everyday language, we generally take that to mean that the person is legally married but no longer living in the same home as his or her spouse. The situation may be a “trial separation” or the first action taken on the road toward a divorce. This type of an arrangement occurs so frequently that many people actually believe that separating is a prerequisite for a divorce. Such is no longer the case, at least for those who plan to get divorced in Illinois.

Proper Terminology

It is important, first of all, to understand that the Illinois statutes that govern divorce legally recognize just one type of separation. A legal separation is a formal declaration that is similar to divorce in most aspects, except that it leaves the spouses still married to one another. It is sometimes used by those who are morally or religiously opposed to divorce, as well as those whose divorce is expected to drag on for months or years. This is not what most people mean when they say they are separated.

Continue Reading ››

 Posted on February 16,2018 in Divorce

The divorce process can be time-consuming and extremely expensive, especially if the proceedings drag on for many months or possibly years. In some situations, hiring a divorce attorney may be among a person’s largest expenses, but there are a number of other factors that can dramatically increase the costs of a divorce. While some people may be tempted to forgo hiring a lawyer, handling your divorce on your own can actually increase the cost of your divorce over the long-term, as mistakes made during the process could cost you thousands of dollars in property and support considerations. Fortunately, there are some other things you can do to keep control the costs of your divorce.

Communicate and Plan

While it may be difficult to tell your spouse that you want a divorce, most divorces involve spouses who are able to be civil to each other—at least at the beginning. Bitterness and acrimony tend to develop as the proceedings become heated. If, however, you and your spouse realize that a divorce may lie ahead, the two of you can start discussing tentative plans before filing your petition. By remaining calm, cool, and collected, you may be able to reach basic agreements regarding property division, parenting responsibilities, and other matters in advance, which can dramatically decrease the amount of work your lawyer and the court will need to do.

Continue Reading ››

 Posted on February 14,2018 in Annulments

Annulments are a legal option for ending a marriage that many never consider. Annulments happen less frequently than divorces or separations, but they are still useful legal tools in some circumstances. Although an annulment has the same result as a divorce in that it dissolves a marriage, annulments take a different approach. An annulment is a legal process which declares a marriage to be invalid. If a marriage is annulled, it is like it never happened. Not just anyone can file for an annulment and there must be sufficient reasons to justify invalidating a marriage.

Reasons One Can Seek a Declaration of Invalidity of Marriage

The state of Illinois refers to an annulment as the “declaration of invalidity of marriage.” When someone files for a declaration of invalidity of marriage, they must report the reason for the request. Section 301 of the Illinois Marriage and Dissolution of Marriage Act list the possible reasons someone can apply for an annulment. Some of these reasons include:

Continue Reading ››

 Posted on February 09,2018 in Prenuptial Agreements

A prenuptial agreement is a legal document which a couple drafts and signs prior to getting married. Prenuptial agreements, also called “prenups” are intended to set forth directives regarding the spouses’ income and assets in the event that the spouses separate or divorce, or if one of the spouses passes away. Prenups vary in their specifics based on the couple’s circumstances, but generally include provisions about marital property and non-marital property, spousal maintenance or alimony, inheritance rights of children from other relationships, debts, and the financial responsibilities and rights of both spouses during the marriage.

Social Media Clauses Can Help Protect Online Reputations

The internet has dramatically changed the way we live and work. Many individuals have careers which rely on the online reputation they have worked hard to create. Social media is often a large part of the way some entrepreneurs, entertainers, or other business owners grow their brand.

Continue Reading ››

 Posted on February 08,2018 in Divorce

If you are considering or have decided to divorce your spouse with whom you have children, one of your main concerns is probably how the divorce will affect the children. While it is true that divorce is never easy on a family, many parents find that being separated from their spouse gives them the opportunity to become closer with their children. Studies have consistently shown that having divorced parents in no way means that a child will automatically resent his or her parents or do worse in school. In fact, for some children living in a house filled with tension and feuding, a divorce is a welcome relief.

If you have decided to get divorced and are wondering how to tell your children, you should know that there is no way to have a perfect stress-free conversation. No matter what you do or say, there may be tears shed or feelings hurt. However, by following the guidelines set forth by relationship and child experts, you can minimize misunderstandings and help the conversation go as smoothly for everyone as possible.

Continue Reading ››

 Posted on February 06,2018 in Spousal Maintenance

There has always been some confusion regarding spousal maintenance or alimony. Each state has its own rules and procedures for determining who should get spousal support and how much payments should be. However, one rule which is, for now, the same across the country is how maintenance payments are taxed. For the last 75 years, maintenance or support payments have been deductible for the payer. The recipient of the support is responsible for paying income tax on the funds. After Dec. 31, 2018, this will no longer be the case.

Maintenance Payments No Longer Deductible

Under the Tax Cuts and Jobs Act, spousal maintenance will no longer be deductible for the payer, and taxes will not need to be paid on it by the recipient. This could mean that those who get divorced in 2019 may be paying a much higher amount in spousal support than those who get divorced in 2018. Because spousal maintenance is paid by the spouse with a higher income to the spouse with a lower income, it made sense to place the tax burden on the person receiving funds. The lower-earning spouse generally has a lower tax rate than the higher-earning spouse.

Continue Reading ››

 Posted on January 31,2018 in Family Law

When a married couple reaches a point where they do not know if they wish to continue being married, they have several options. One of these options is a legal separation instead of a divorce. There are several reasons why a couple may choose to be separated. A legal separation is a court order that protects each spouse’s rights and responsibilities when they are living apart. The major difference between legal separation and divorce is that separated individuals are still married, versus a divorce where the marriage is ended. Legal separations are not as common as divorce, but there are certain circumstances where a couple’s best option may be a legal separation.

Separation Maintenance and Child Support

Most people associate spousal maintenance, or alimony, with divorce. However, when a couple legally separates, it is possible to obtain maintenance during the separation. Separate maintenance is comparable to alimony or spousal support, but it's not called alimony because the couple is still legally married. Many of the factors used to determine if separate maintenance is necessary are the same as the factors which are used when determining maintenance after a divorce. The amount and duration of the payments will depend on the length of the marriage, spouses' incomes, earning abilities, ages, and physical and mental wellbeing. The court can also determine how child custody will be shared, allocate parental responsibilities and parenting time, and order one parent to pay child support.

Continue Reading ››

 Posted on January 29,2018 in Child Custody

When a married couple with children divorces, they must negotiate and come to an agreement about child custody and parenting time. This negotiation can happen outside of a courtroom during mediation or through private conversation between the couples. If the couples cannot agree upon a parenting plan, they may need to argue their individual cases in court with the help of family law attorneys. If the parents or other parties in a custody dispute resolve the issues related to parental responsibilities (child custody) and parenting time (visitation), the couple's decisions are finalized in a written agreement. This agreement may be referred to as a settlement agreement, custody agreement, or parenting agreement.

One thing that is certain in life is change. Although divorce decisions are final, some may need to be modified and amended as time passes.

Changes in Custody

Continue Reading ››

 Posted on January 23,2018 in Paternity

When an opposite-sex married couple has a child, the father is legally presumed to be the husband of the mother. When an unmarried couple has a baby, there is no presumed father. In order to be the legal father of a child, an unmarried father must establish paternity. Legal paternity gives the father certain rights and responsibilities. For example, the legal father of a child has the right to enjoy visitation, or parenting time, with the child. He will also likely be expected to pay child support. There are several ways for an unmarried father to establish paternity in Illinois.

Voluntary Acknowledgement of Paternity

If both parents agree on the paternity of the child, the process for establishing paternity is quite simple. Parents may sign a voluntary acknowledgement of paternity and then file the form with the court. This simple paperwork can be done immediately after a child’s birth in the hospital. The voluntary acknowledgement of paternity can also be signed at any time after the child’s birth. After paternity is established in this way, a father’s name is added to the birth certificate. In some cases, a voluntary acknowledgement may not be necessary if both parents confirm the identity of the father.

Continue Reading ››

 Posted on January 17,2018 in Child Support

If a divorcing couple has children, it is more likely than not that child support will be ordered payable by one parent (also called the obligor). However, depending on a number of factors, the court may arrive at a number with which the obligor is unhappy. While it is possible for an obligor to show that the support burden placed upon them is inequitable, doing so is very difficult, and attempts to shirk payments or otherwise avoid responsibility are not favorably looked upon by family courts.

The Child Support Formula

Illinois’ child support formula has undergone significant modifications in recent years. The formula was modified in early 2016, and again in 2017. The current formula is an “income shares” model as opposed to the single-parent model of before. This can mean that many may be confused about the process used to arrive at the amount they must pay. In the past, “hard percentages” were used, and only the obligor’s income was considered. An income shares model factors in both parents’ income as well as the amount of parenting time each parent enjoys. Considering such issues is simply more equitable than relying on a just one parent’s income.

Continue Reading ››