Posted on November 17,2016 in Division of Assets

We all have different opinions about how money should be spent and how we prioritize various considerations in our lives. When a couple gets married, they must find a way to reconcile their differing views so they can live within their means without undue stress and disagreement in financial matters. When a marriage breaks down, however, each spouse’s economic habits may become an issue, especially if that spouse is spending marital funds on his or her own interests. According to Illinois law, a spouse who wastes marital assets on purposes unrelated to the marriage may be required to pay some or all of the money back to the marital estate during a divorce.

Knowing the Law

If you are going through a divorce, you have a responsibility to maintain reasonable spending habit so that the marital estate is not negatively affected before it can be divided. By law, in fact, your responsibility begins when your marriage starts to break down. Any assets that you spend, waste, destroy, or devalue inappropriately may be considered dissipated, which could create serious problems in your divorce

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 Posted on November 15,2016 in Child Support

An order for child support, in most cases, will terminate when the child turns 18, or, if he or she is still attending high school, when the child turns 19. There are, however, situations in which a parent’s responsibility for support payments may continue even once the child has legally become an adult. One such scenario is that in which the child is mentally or physically disabled. Either or both parents may be required to contribute to the support of their disabled child for as long as the court deems necessary.

Legal Definitions

According to the Illinois Marriage and Dissolution of Marriage Act, a disabled person—at least for the purposes of continued parental support—is an individual with a “physical or mental impairment that substantially limits a major life activity.” In order to qualify for consideration for non-minor support, the disability must be documented or the person must be reasonably regarded having the disability.

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 Posted on November 10,2016 in Spousal Maintenance

When you are faced with the prospect of divorce, you are likely to have many questions about the process and how your life will be different in the future. For many individuals, financial questions are often among the most pressing concerns, especially for those who earn substantially more than their partners. If this describes your situation, you may be wondering if you will be required to pay alimony, known as maintenance in Illinois law, to your spouse following your divorce.

Nothing Is Guaranteed

It is common for the average person to assume that a higher-earning spouse is automatically obligated to make support payments to his or her former spouse when their marriage comes to an end. Such is generally the case for child support, but not so for maintenance. The only situation in which maintenance would be presumed is if the spouses agreed in advance in a valid prenuptial or postnuptial agreement. Otherwise, the details of each case must be carefully reviewed before a determination for a spouse’s need will be made.

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 Posted on November 08,2016 in Family Law

It is not at all uncommon for a couple heading toward to marriage to consider developing a prenuptial agreement to address certain financial and personal concerns in the event of divorce or the death of one spouse. These agreements can provide guidance for just one or two important issues—such as a business interest of one of the parties—or they can be used to cover a wide range of considerations that could arise down the road. Some couples, however, may not realize how helpful a prenuptial agreement can be until after they are have already gotten married. In these situations, interested couples may choose to draft and execute a postnuptial agreement designed to meet their unique needs.

Benefits of a Postnuptial Agreement

Much like a prenuptial agreement, a postnuptial agreement can solidify arrangements for a couple’s property and debts should the marriage end in a divorce. In a postnuptial agreement, certain assets may identified as exempt from the property division process, allowing them to remain the spouse who currently owns them. A postnuptial agreement can also include provisions that require one spouse to pay spousal support to the other, or, conversely, waive both spouses’ rights to request support. Just about the only issues that postnuptial cannot address are the rights of the couple’s children as arrangements for parenting responsibilities and child support cannot be made until they are made necessary by a divorce.

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 Posted on November 03,2016 in Family Law

A wedding proposal can take many forms. Some are elaborate, carefully planned, and full of romantic surprises; countless examples exist online on various social media sites. Others are relatively quiet, simple, and reflective. There is, however, a unifying element to most proposals: the engagement ring. It is nearly unheard of to pop the question without first spending a significant amount of time—and usually a substantial amount of money—finding the right symbol of your love for your soon-to-be spouse.

While there is obviously much more to preparing for a marriage than simply choosing the right ring—discussing finances, plans for children, and, in many cases, a prenuptial agreement—the choice of ring can show how well a person knows his or her partner. According to a new report from an international jewelry company, engagement ring tastes vary greatly throughout the country and provide an interesting snapshot of what soon-to-be newlyweds find important.

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 Posted on October 27,2016 in Domestic Violence

A few days ago, a post on this blog talked a little about how to deal with an order of protection that has been filed against you. At our law firm, we believe that every person deserves to have their rights and freedoms fully protected as due process takes its course, including in cases related to domestic violence. There is no excuse for inflicting abuse of any kind on a spouse, child, domestic partner, or any other member of a person’s household and family. In recognition of October as Domestic Violence Awareness Month, we would like to take the opportunity to express our support for victims of domestic violence and abuse throughout our region and across the country.

Troubling Statistics

The National Coalition Against Domestic Violence (NCADV) is a non-profit organization dedicated to creating awareness of the scourge of domestic violence on our society. Through educational campaigns and outreach programs, the NCADV works on behalf of victims and survivors, looking for ways to reduce incidents of abuse and make American homes safer for everyone. As part of its efforts, the NCADV is constantly gathering information about domestic violence nationwide and some of the numbers are quite disturbing.

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 Posted on October 25,2016 in Domestic Violence

In an unfortunately large number of divorce and child-related cases, one party may level unfounded allegations of domestic violence or abuse against the other in an effort to affect the outcome of the proceedings. While such actions may seem to be a frivolous waste of the court’s time, any suggestion of domestic violence must be taken very seriously to ensure the safety of all involved. However, when you are the subject of an order of protection and you have done nothing that can be construed as threatening or dangerous, your life can become very complicated very quickly, and there are some steps to take right away.

Understanding an Emergency Order of Protection

It is important to realize that an emergency order of protection can be issued based solely on the sworn testimony of one party. If he or she claims to be in immediate danger or that the children you share are in such danger, and his or her claims are believable, a judge can issue an emergency order of protection that keeps you away from your home, your partner’s workplace, your children’s school, and other places where you might interact. The order may even make temporary modifications to your parenting plan and parenting time schedule to reflect the current limitations.

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 Posted on October 20,2016 in Child Custody

In today’s world, it is relatively easy to pick up and move to a new city or state in search of a better life. It is possible to look for jobs and places to live over the internet, making such moves far less risky than in previous generations. When you share parental responsibilities of your child, however, and you want your child to go with you when you move, the process may become quite a bit more complicated.

Geographical Limitations

Illinois law provides that a parent with half or more of the parenting time with his or her child who wishes to move with the child may do so freely within a specific distance from the current residence. If that distance is exceeded, the moving parent must notify the other parent and obtain his or her permission to continue the move. This type of move is known under the law as a relocation and requires the modification of the parents’ existing parenting plan to account for the new distance between the child and the other parent.

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 Posted on October 18,2016 in Child Custody

When two parents share a child, how they work together before, during, and after a divorce or other child-related legal matters can have a significant impact on the entire family. For example, high conflict between the parents creates stress for both sides. It can also make the child feel as though they are caught in the middle, which may lead to a host of emotional and behavioral issues. In contrast, parents who work together and put an emphasis on successful co-parenting are more likely to reap benefits. As a result, their children are bound to experience positive effects as well.

What Does It Mean to Successfully Co-Parent?

Because each family is unique, successful co-parenting may likely look different from one to the next. However, they are going to have a lot of things in common. They have clear boundaries that clarify what each parent is responsible for, but they are also willing to be flexible when circumstances change. They discuss changes in a way that works for them – be it over the phone, through email, or in person – and they do so respectfully. Further, they do not attempt to manipulate one another, or their child, for their own personal gain. Instead, they recognize the other parent’s importance in their child’s life.

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 Posted on October 11,2016 in College Expenses

America has long been known as a land of opportunity. Every person, regardless of their birth status or socioeconomic class, has avenues available through which great personal and financial success may be realized. For many, these opportunities begin with an education, first in elementary and high school, then in college, graduate school and beyond. Over the last several decades, however, the costs associated with a post-high school education have continued to rise, which has created serious difficulties for many would-be students. Some, as you might expect, turn to their parents for help, but many parents are unable or unwilling to provide financial assistance. When parents say no, however, does the child have the right to try to force the issue?

Confusion Regarding Divorced Parents

You may have seen or read information about an Illinois law that can require divorced parents to contribute toward their child’s college education. The law does, in fact, exist. It is a provision of the Illinois Marriage and Dissolution of Marriage Act that addresses support for a non-minor child for educational expenses. The statute allows the court to order one or both divorced parents to assist with specific costs related to the child’s post-high school education.

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