Posted on July 21, 2015 in Domestic Violence

It is important for victims of domestic violence to know they have options to protect themselves from spousal abuse or harassment. An order of protection will require the threatening spouse or individual to follow the interaction rules set forth in the orders or face criminal charges. Before filing for an order of protection, individuals should seek legal counsel to gain a better understanding of the scope of this type of protection.

Types of Orders

An Illinois family law attorney can help an individual choose which of the orders of protection apply to their case. While each type of order differs from the others, they all seek to provide safety for victims of domestic violence.

The first type of order is known as a Plenary Order of Protection. This applies to cases in which both the victim and the alleged abuser have gone to court to testify. The order will be effective for up to 24 months, which is the longest lasting order of protection in the state.

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 Posted on July 21, 2015 in Child Custody

Divorce can be an incredibly stressful experience for both the parties and their children. Deciding the best option when establishing an arrangement for child custody can be an especially delicate process that many find difficult. During the course of a divorce, the court may require an impartial third party to evaluate the situation in order to decide the best child custody arrangement for any children. This process usually involves several meetings between the evaluator, both parties and the children in order to determine what type of living situation would best suit the children’s needs.

Working with a Court-Appointed Evaluator

Working with the court-appointed evaluator can be nerve-wracking, but it is important to remember that cooperating with the evaluator will go a long way in helping produce the best possible outcome in a child custody case. Always be on time for your appointments when meeting with an evaluator to demonstrate that you take the process seriously and respect his or her time. Be friendly with the evaluator, but remain professional. Remember also that he or she is also there to help you address any concerns you may have around your child’s custody, and may be able to answer any questions.

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 Posted on July 21, 2015 in Division of Assets

Divorce is difficult for couples at any point in life, but when considerable wealth is involved, the process becomes much more complicated. If substantial assets need to be divided, each party wants to guarantee his or her fair share. This is true whether one spouse holds most of the assets or if both spouses worked hard to accumulate this wealth over time. High net worth divorce cases can also be more complicated due to the tax implications resulting from a potential settlement.

High-Asset Divorce Criteria

The main standard for determining “high-asset divorce” is that the couple or client have over $5 million in assets. However, this is not the only determining factor. A divorce is also considered high-asset if one or both parties additionally own a business, are listed as an heir to an inheritance, or purchased (and still own) significant amounts of property before the marriage.

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 Posted on July 21, 2015 in Divorce

In Illinois, judges formerly maintained full discretion regarding spousal maintenance payments in individual divorce cases. Now, due to 2014 legislation that was signed into law by former Governor Pat Quinn, guidelines have been established to streamline the process and make more congruent rulings for all divorcing couples in Illinois. Instead of judges having sole discretion to determine payments, the court must use a standardized formula to decide payment amounts and the length of the order. Before any payments can be established, a judge must determine whether or not a divorcing spouse is eligible for spousal maintenance. Factors that are taken into consideration include, but are not limited to, the following:

• Income and earning potential of each party;
• Living standards established during marriage;
• Length of the marriage; and
• Property ownership and allocation.

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 Posted on July 21, 2015 in Child Support

In Illinois, orders for child support should include a date that indicates when payments will end. The support termination date, however, cannot occur before the child is 18 years old. This rule exists to ensure that the parents financially provide for the minor who may or may not have the means to provide for himself. If a child has special needs and is unable to care for himself, the judge has the authority to extend the support date past the age of 18 and into adulthood. Taking into account the financial resources of the parents and the adult child, the judge may also order that one or both of the parents use their income or property to support the adult child. This petition can be made before or after the child turns 18.

If the divorcing parties cannot come to a consensus and the paying partner cannot be trusted to make payments without a court order, the court may award alimony or child support in the form of cash. Parents who are behind on payments by the termination date are still responsible for any unpaid support amount after the termination date.

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 Posted on July 21, 2015 in Division of Assets

Many couples consider drafting prenuptial agreements that cover the division of marital assets, and property or income that each spouse owned separately before the marriage, but few consider what will happen to any collective debt as a couple, if they decide to divorce. This can present a tricky situation for both parties, as some obligations can be on shared accounts, or may have benefited both parties in a way that both would be responsible for paying off the debt following a divorce.

One of the best ways for a couple to handle debt if they are planning on getting a divorce is to pay off or resolve the debt before filing to have their marriage ended. However, it can be difficult for both sides to come to an agreement on what their fair share of the debt should be. If a family court has to decide how to divide the debt, it will use the state’s guidelines for equitable distribution in order to decide how much debt each party will be responsible for after the divorce. These guidelines do not simply divide the debt down the middle and give half to each party, and the outcome can sometimes be less than favorable for one of the parties.

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 Posted on July 21, 2015 in Visitation

For parents who need a safe environment for the child to spend time with their other parent, or in cases where a child’s safety with a parent may be at risk, the Illinois family court system may require supervised child visitation. Supervised visitation is time spent between a parent and their child that is monitored by a third-party. This party’s presence is meant to ensure that appropriate behavior, in a safe environment, can occur between a parent and their child.

Supervised visitation offers both the child and the parent an opportunity to get to know one another if the parent has not been in their child’s life previously. It can also give both a chance to build a healthier relationship if they had a less than favorable one before.

Supervisors to Monitor Parent and Child Visitation

A supervisor may be required to be present for the entire visit or interaction between the supervised parent and their child. There are some situations in which a supervisor is only required to be present for the period of time when the child is being transferred from one parent to the other.

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 Posted on July 21, 2015 in Child Support

Divorced or unmarried parents who are not their child(ren)’s primary caregiver are legally required to pay child support to help pay for their child(ren)’s living expenses. These payments are put toward necessities necessities such as food, clothing and shelter, but generally do not cover child care, health care bills, education and extra-curricular activities. In most cases, the courts require more support in order to contribute towards these additional expenses.

How Child Support is Calculated

In Illinois, a judge, typically, will calculate child support payments. Minimum amounts range from 20 percent of net income for one child to 50 percent of net income for six or more children. This means that if a parent does not live with a child(ren) full time, and nets $100,000 annually, he or she will be required to pay $20,000 a year in child support for one child, or at least $50,000 a year if he or she has six or more children.

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 Posted on July 21, 2015 in Annulments

Annulments and divorces are sometimes confused with one another. An annulment is a legal process and document stating the marriage was invalid. It appears as if the marriage never happened. A divorce is the process you go through when you want to end a valid marriage. To file for an annulment, there are strict reasons a petitioner must give and guidelines for each reason that need to be followed. When petitioning for an annulment, you should speak with a skilled annulment attorney to make certain the necessary prerequisites can be satisfied.

Causes for an Annulment

Illinois calls an annulment an Invalidity of Marriage. When you file for Invalidity of Marriage, you must list one of the reasons listed in the Illinois Marriage and Dissolution of Marriage Act. The reasons listed in Section 301 are:

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 Posted on July 21, 2015 in Divorce

Just as no two people are alike, no two divorce cases are exactly the same. Finding the best lawyer for an emotionally charged event such as a divorce can be challenging. It is important to remember that not all divorce lawyers (and divorce cases) are similar in nature. To find the divorce lawyer who can best match the personalities and circumstances of the case, it is important to ask the right questions and pay close attention to the personality fit when interviewing potential legal representation.

Not Every Lawyer is a Divorce Lawyer

Before selecting an attorney, be sure to understand their fees and experience handling similar cases. Are they a divorce lawyer or simply an attorney who handles occasional divorce cases? There is a huge variance between these designations. Being represented by a lawyer familiar with divorce laws and local family judges can make a difference in the case.

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