Posted on October 30,2017 in Family Law

It has been nearly two years since sweeping reforms to Illinois’ family law statutes were enacted. The new laws amended several processes associated with divorce and child-related legal proceedings, including the elimination of fault-based divorce and the removal of mandatory separation periods prior to divorce. Perhaps the most noticeable changes, however, were in the terminology used to describe certain elements of family law. It is important to familiarize yourself with the new language if you are considering filing for divorce.

Changes to Child Custody Matters

In terms of terminology, the most important change in this arena is the removal of the term “child custody” from the law. Instead, judges and attorneys now speak of “allocation of parenting time and responsibility.” This may seem like a small change, but it was intended to make the entire divorce process far less confrontational. Many Illinois lawmakers have made the valid point that a more civil divorce process benefits both the spouses and the children of a marriage, and terminology changes like this are meant to cast parenting as a joint endeavor rather than a battle to be “won” or “lost.”

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 Posted on October 24,2017 in Divorce

Navigating the divorce process can be an emotionally taxing experience for anyone. Depending on the circumstances, however, ending a marriage can be especially tough when one spouse refuses to cooperate or communicate. This is often the case when the relationship between the spouses has broken down due to distrust or outright cruelty or when communication has been a problem throughout the relationship.

Common Communication Problems in Divorce

According to mental health professionals, many individuals exhibit certain behaviors that can create serious communication problems with their spouse. Such behavior can sabotage even the most mundane conversations, leading to a more difficult divorce for both spouses.

Relationship experts indicate that better results are possible and they can be achieved if both spouses exercise a little patience and focus on a few simple tips:

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 Posted on October 19,2017 in Divorce

It is a fairly common belief among divorcing couples that one must have “grounds,” or a specific reason, for a divorce. Historically, requiring grounds for divorce often served a purpose, in that any future spouse could look up records and see if the person they had chosen was to blame for the failure of his or her previous marriage. Nowadays, that idea is less in vogue due to the lessened stigma surrounding divorce. While there are states that still allow divorce on fault grounds, Illinois is no longer among them.

Fault Grounds

Up until a couple years ago, there were nine different grounds upon which a person could file for divorce—one of which was irreconcilable differences. The other eight all involved some alleged degree of fault. In other words, if a person’s spouse was guilty of any of the eight things listed as valid fault grounds, that person was permitted bring suit unilaterally to begin divorce proceedings. The grounds previously recognized in Illinois law were:

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 Posted on October 13,2017 in Child Custody

Sometimes, when child custody arrangements or plans to move do not go the way a parent would like them to, that parent may resort to extreme measures. In Illinois, parental abduction of a child (PAC) is a crime, but only under certain circumstances. Also, it helps to know what the ramifications might be on a parental responsibilities order if one parent commits such an act.

The Crime in Illinois

Many states, including Illinois, have criminalized the taking away of a child from the parent with primary custodial responsibilities by the other parent. However, in Illinois, there are strict guidelines about what constitutes an abduction and what does not.

Firstly, abduction and kidnapping do differ. The latter involves force or threats of force, while the former is accomplished usually with the subject’s consent—in this case, the child’s. The consequences differ between the two acts. Secondly, the father’s paternity is consideration, where in other states the question is irrelevant. Illinois law states that a parent may charge the other with child abduction if the charging parents has a court order granting him or her custodial rights. However, if he or she does not have an order, there are other ways a parent can be held accountable.

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 Posted on October 10,2017 in Division of Assets

One of the most complex and time-consuming parts of any divorce proceeding is the division of marital property. It can get even worse when marital and non-marital property are considered to be mixed. In order to reach a fair and equitable distribution of assets, a court must determine whether property has been commingled or not, and if so, to what extent.

Commingling Assets in Illinois

Commingling is defined as the act of mixing funds belonging to one person with funds belonging to another, especially when there is a responsibility to keep them separate. Sometimes, commingling funds is actually illegal or unethical, though spouses commingling marital and non-marital property is not. Marital property is any property acquired by either spouse during the marriage, while non-marital property is anything owned before the marriage by either spouse, or a gift or inheritance received by one spouse at any time (before or during the marriage). When the two meet, the status of the resulting property depends on which is the prime mover, so to speak.

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 Posted on October 09,2017 in Divorce

We always hear about the divorce cases that take months and years to settle. However, for every celebrated knock-down, drag-out fight in divorce court, there are countless couples that handle things quickly and quietly. If you and your spouse have no issues to hash out, there is a way to obtain a divorce with minimal fuss. However, ensuring you have everything you need can still be a complex task.

Uncontested Divorce in Illinois

Illinois has provisions for both contested and uncontested divorce. The latter simply means that you and your spouse do not have outstanding disagreements about any major issues in your divorce (maintenance, parental responsibilities, division of property, etc.). If you disagree on even one of these points, your divorce becomes “contested,” because a court proceeding is necessary to hammer out an agreement. A court appearance is necessary in an uncontested divorce as well, but it is merely a formality before a Judgment of Divorce can be entered.

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 Posted on October 04,2017 in Prenuptial Agreements

Many couples feel like premarital or prenuptial agreements take the romance out of what should be one of the most romantic times in their lives: getting married. However, prenuptial agreements (“prenups” for short) can make a huge difference if you wind up getting a divorce; they can cut down on arguments and misconceptions, and with the help of a good attorney, may save you months of legal wrangling and bad blood.

The Basics

Prenuptial agreements are used in many cultures throughout the world. For example, there are such things as Jewish prenuptial agreements, which safeguard a Jewish woman from being rendered unable to remarry. Each prenuptial agreement is based in mutual trust, but there are varying formats in which these agreements are created.

Many people still operate under the misconception that prenuptial agreements are only for the wealthy, when this is no longer the case. In Illinois, the Uniform Premarital Agreement Act (UPAA) was enacted in 1990, which sets out specific rules for couples in any tax bracket to follow. Women are also attaining more equality and financial power in our society, and, as such, prenuptial agreements are becoming more common.

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 Posted on September 29,2017 in Family Law

When two people decide they no longer wish to be married, they normally file a petition and obtain a divorce. At any point there may come what is often called a “separation.” With rare exceptions, being “separated” is not a legal status. Legal separation does sometimes happen, but most of the time, it is simply unnecessary.

When a Spouse Moves Out

When most couples separate, they simply decide not to live together anymore. One spouse may move out, and marital benefits like intimacy and cooperative decision-making typically cease. Such situation is not considered a legal separation, however. In the eyes of the law, most couples that are “separated” are still legally married, with all the positives and negatives of that status attached.

Trial separations are usually the last fix a couple tries before agreeing to divorce. Many couples live apart for weeks or months and are able to work out issues exacerbated by too long in proximity. Some couples who try a separation do work out a written agreement, but it is informal and not to be confused with a legal separation or a divorce decree. In this case, any written agreement is a sort of unofficial contract for the spouses to abide by, reminding them to reevaluate their situation in a certain amount of time.

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 Posted on September 25,2017 in Visitation

Illinois law tries, whenever possible, to allow both parents to have parenting time—also called visitation—with their children. However, sometimes that is difficult to manage due to one or both parents’ having issues that would make it unsafe for them to be around their children alone. The answer to this problem is to have supervised or restricted visitation, and to see how a parent fares before permitting him or her to engage in unsupervised visitation.

General Parenting Time Guidelines

A standard visitation agreement is often rather vague, allowing the parents themselves to regulate the terms of the visits. The parent with fewer parental responsibilities entitled, as a general rule, to parenting time unless a court disagrees, and in many instances, the parents are able to work out a schedule that suits all involved. However, if one parent has issues, the court may take action.

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 Posted on September 22,2017 in Mediation and Collaborative Law

When two people decide to get a divorce, the process is likely to be stressful and difficult. However, more and more couples are turning to mediation as a way to potentially avoid costly court battles. It is not the right option for every couple, but it is generally worth investigating to see if it might be right for you and your spouse.

Benefits of Mediation

Divorce mediation is a process in which you and your spouse engage the services of a neutral, third-party mediator in an attempt to work out a divorce agreement without resorting to litigation. It has several advantages, but may also have drawbacks depending on the situation. Anything from parental responsibilities (child custody) to spousal support may be mediated if the spouses agree. Illinois law does not mandate certain elements of a divorce to be decided by a judge, but a judge will review any agreements related to your children to ensure you have their best interests in mind.

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