Posted on April 19,2017 in Child Custody

When you share parental responsibilities with your ex-partner, the decisions you make about your life affect more than just you. They affect your children and, in some ways, even your ex. Depending on what has happened between you and the other parent, you may not be too concerned with what he or she thinks about how you live your life. If you are subject to a court-sanctioned parenting plan, however, there are some limitations regarding what you can and cannot do without the court’s approval.

One such consideration addresses where you choose to live and whether you have the right to move once a parenting plan is in place. According to the law in Illinois, a move beyond a certain distance from your current home requires the consent of the other parent or the court.

Defining a Relocation

Recent amendments to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) introduced the term “relocation” as it applies to family law matters. The law defines a relocation as a move by either parent with his or her child that constitutes a significant change in circumstances for a parenting plan. Specifically, a relocation is a move by a parent and the child that is:

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 Posted on April 14,2017 in Divorce

When a couple is considering a divorce—which is an extremely difficult decision and, often, a long, arduous process—they may decide that a legal separation is in their best interest. Under Illinois law, a legal separation represents a sort of middle ground between marriage and divorce, but, as a practical matter, such arrangements are not all that common. Many couples who opt for a legal separation do so to leave the possibility of reconciliation open or because of particular religious beliefs. There may also be financial reasons for filing for a legal separation instead of beginning the divorce process.

Why a Legal Separation?

A legal separation is about as close to a divorce as one can get without legally ending the marriage. In some circumstances, the decision to legally separate may be mutual. In others, one spouse may petition the court for approval of a separation. In a separation, just as in a divorce, the parties will agree or the court will determine an appropriate level of spousal maintenance, as well as parenting arrangements and child support where applicable. This helps to ensure that all parties, including children, are properly cared for by the terms of a legally enforceable agreement or court order.

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 Posted on April 12,2017 in Domestic Violence

When it comes to domestic violence, abuse often leads one partner to pursue divorce as the ultimate resolution to their ongoing marital problems. Many married partners do not immediately seek out divorce, though. In fact, many stay in abusive marriages for many years before they begin to even consider the idea of leaving. This is because abusive relationships are very complicated. While the abuse element may be black and white on its own, the feelings the abused partner has for his or her abuser are not as clear-cut.

Obstacles That Prevent Victims From Leaving an Abusive Marriage

The abused spouse can truly love the person who hurts them, as every moment they spend together is not necessarily hurtful. The relationship is a woven fabric of lies, manipulation, and physical violence, mixed with periods of real affection, passion, and bonding. Having and raising a child with an abusive person is a perfect example. Sharing such an experience together often blurs the lines and muddles someone’s feelings for the abusive partner who is also the father or mother of their child and who has repeatedly displayed love and affection for the child over the course of months or years. This dynamic can make it extremely difficult to walk away.

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 Posted on April 07,2017 in Divorce

Over the last few years, a new trend has emerged within the practice of family law. According to a series of surveys conducted by the American Academy of Matrimonial Lawyers (AAML), information taken from a person’s smartphone—including stored text messages and app data—is now being utilized more than ever in divorce cases. Nearly all of the attorneys who participated in the studies reported an increase in the amount a digital evidence being used in divorce cases in the last five years.

A Changing Industry

In previous generations—before the proliferation of digital technology and the advent of of smartphones—suspicious spouses often turned to private investigators to dig up dirt for leverage during divorce negotiations and proceedings. An investigator’s findings—along with bank records and credit card receipts—could be used to show that a spouse was cheating or to question the spouse’s character.

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 Posted on April 05,2017 in Divorce

While the overall divorce rate for Americans is on a steady decline, there is a subset of people who are getting divorced more frequently: active troops in the armed forces. Those who voluntarily place themselves in harm’s way in the service of our country risk more than physical injury or death; they must also face challenges that can destroy their relationships with their spouses and other loved ones.

By the Numbers

According to researcher Benjamin Karney, the rate of married men in the military who divorced was about 2.6 percent. This number has remained the roughly the same in recent years. By comparison, the rate of military women who got divorced rose from 6.2 percent in 2015 to 6.6 percent in 2016. The Marine Corps alone saw a jump in troops’ divorce rate from 2.3 percent to 2.8 percent for men and from 6.4 percent to 7.7 percent for women.

Alleviating Risk Factors

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 Posted on March 30,2017 in Spousal Maintenance

If you or your spouse has recently filed for divorce, you will soon face a number of difficult decisions. You will need to consider how to divide your marital property, develop a plan for cooperative parenting of your children, and build a new life for yourself following the divorce. In many divorce cases, the issue of maintenance—also known as spousal support or alimony—may be especially challenging. While you and your spouse could decide to leave the matter for the court to decide, you also have the ability to draft your own agreement regarding maintenance that helps you avoid a potentially nasty courtroom battle.

Working Together

Anybody who tells you that divorce is easy and painless is either lying or trying to sell you something. Divorce is never easy. A growing number of divorcing couples, however, are coming at the process with open communication and a commitment to cooperate. With the elimination of at-fault divorce in Illinois last year, the focus has largely shifted from laying blame to reaching a reasonable resolution. In many cases, each spouse realizes that their relationship is not healthy nor is it truly benefiting either party. They still love their partner enough to want to avoid creating problems during the divorce. If this describes your situation, you and your spouse will likely be able to reach an amicable agreement on spousal maintenance.

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 Posted on March 29,2017 in Child Support

This summer, the state of Illinois will be changing the way in which child support is calculated throughout the state. The changes are certain to affect future child support orders and are likely to be applied to existing orders if and when the time comes to review them for possible modifications.

There are several important things you should know about the new law—especially if you are considering a divorce and child support could soon be a reality for you:

Both Parents’ Income

Perhaps the biggest change that the new approach will bring is that under the new guidelines, both parents’ income must be taken into account when making the calculation. The existing formula is primarily dependent on the paying parent’s income. Supporters of the change maintain that the present method is very one-sided and, in many cases, unfair to the supporting parent.

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 Posted on March 24,2017 in Divorce

Your divorce is finally complete, and the stress from this major life change has settled down. Now what? Mental health and relationship experts agree that there are steps you can take after a divorce to get your life back together and live it to the fullest. If you are recently divorced, many professional recommend that you:

Avoid Over-Using Social Media in Lieu of Real Friendships

After your marriage has ended, you may be tempted to stay in the comfort of your home communicating via electronics instead of having real-life interactions. This is the time you need friends and family the most. Take your friend up on her offer to attend her book club or join your family for dinner. Getting out of the house and being social again will energize you and help you form new friendships separate from your ex-spouse.

Consider Going to Therapy

For some, the idea of seeing a therapist has a negative connotation. They may see it as a sign of weakness or do not understand the purpose of therapy. Having a safe, unbiased, professional individual with whom you can express your feelings and discuss your thoughts is extremely beneficial. By seeing a therapist after your divorce, you are able to mourn the loss of your marriage and work through the tough emotions that come with ending a relationship.

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 Posted on March 22,2017 in Division of Assets

Dividing a couple’s marital property is often one of the most complex aspects of a divorce. Before the work of dividing the assets can even be started, the cumulative value of the marital estate must be determined as well as that of each asset.

How Marital Property is Divided

Illinois considers all property, with very few exceptions, acquired after the date of the marriage to be marital property. Unless the two sides can reach an agreement on their own, Illinois law requires the court to divide the property equitably. Doing so involves examining all of the relevant factors and dividing the property in a manner that is fair and just, not necessarily equally.

Evaluating Complex Assets

Some assets, such as a business or retirement account, may have been established before the marriage. During the marriage, such accounts most likely increased in value. These increases—beginning with the date of the marriage—are generally considered to be marital property.

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 Posted on March 17,2017 in Divorce

When you are in the midst of a divorce, you have likely spent weeks and months working with your attorney to build a case designed to get you the favorable outcome you desire. While the definition of a “favorable outcome” may vary from person to person, there is at least one universal reality that applies to every divorce case. Things that you say and do in a public forum could eventually make their way into the courtroom and have the potential to undermine your case. This is especially true for posts you make on social media sites like Facebook, Twitter, and Instagram.

Nothing Is Truly Private

If you want to keep something private, do not post it on social media, period. There is always a chance that it will be seen by someone who may have an interest in damaging your divorce case. Sure, Facebook and other social media outlets have privacy settings that are meant to give you control over who can see your posts, but these controls only go so far.

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