Posted on August 11, 2015 in Child Custody

Child custody and visitation plans can be some of the most challenging and potentially contentious aspects of a dissolution of marriage proceeding. Additionally, the composition of the modern, blended family can present additional challenges when there are stepparents involved in or impacted by custody agreements.

Visitation and Custody Agreements in Illinois for Natural Parents

In Illinois divorce cases involving children, it is typical that one parent is designated as the primary or residential parent of the child(ren). This is to ensure continuity for administration of a legal mailing address and school district qualifications.

The residential or custodial parent is most often the parent with whom the children spend the majority of their time. It is important for parents to understand that joint custody agreements do not automatically equate to an even split of the parenting time between both parents. The non-custodial parent will receive, unless there is a reason to deny the request, visitation rights to foster their relationship with the child(ren) and provide him or her with parenting time.

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 Posted on June 25, 2015 in Child Support

If you are currently working through a divorce or plan to file for divorce in the near future, do not rush into a new relationship. Being in a new relationship while your divorce is still being finalized can have a negative impact on your settlement and resulting arrangements, such as your child support and custody agreements. It is important that you understand how dating somebody new can affect your divorce and, if you do opt to begin seeing somebody before the process is complete, that you take it slowly and do not do anything to jeopardize your divorce agreement.

Child Custody

If a new partner moves into your home or you frequently have sexual or romantic partners coming in and out of your house, this can negatively affect your child custody agreement. The court may find that exposure to your new partner is not in your child's best interest, especially if your new partner's relationship with your child is poor, your partner uses drugs, or has a criminal record.

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 Posted on May 05, 2015 in Child Custody

Filing for divorce can be a painful and difficult process. This is especially true when a divorcing couple has children and cannot agree on a child custody arrangement.

If you are considering divorce, it is important to learn as much about the process as possible. This will help you prepare for the proceedings and know what to expect. Child custody laws are complex, and each case is different. This is why parents who have questions about child custody should consult an experienced family attorney.

Parents with a criminal record often want to know if they can win custody or visitation rights. As with most divorce matters, the answer to this question depends on the specific facts of the case.

It is possible for a parent with a criminal record to win custody or visitation rights. However, a history of violent behavior may affect the custody ruling. The judge will consider any physical violence, threat, and occurrence of ongoing or repeated incidents of domestic violence when awarding custody.

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 Posted on April 28, 2015 in Spousal Support

On Jan. 1, 2015, Illinois legislators passed new laws that govern the duration and amount of alimony payments. Many of the regulations apply to divorcing couples with a gross income of $250,000.

According to the revised law, “maintenance” is the new term for “alimony” in Illinois, but they both refer to spousal support. A judge determines whether to award maintenance based on 12 statutory factors.

Before January 2015, the calculation and duration were at the sole discretion of the judge. This led to noticeable variations from county to county, and from judge to judge. The legislation aimed to create uniformity in spousal support awards. The laws put the following formulas and guidelines into effect:

Formula for Calculating Alimony

Thirty percent of the payer’s gross income less 20 percent of the receiver’s income. The adjusted income of the receiver may not exceed 40 percent of the combined income of both parties.

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 Posted on March 25, 2015 in Property Division

Divorce is never a pleasant process, but understanding the procedures can make ending your marriage a lot less complicated. Divorcing spouses should know the difference between separate and marital property, as well as the meaning of “equitable distribution.”

Generally speaking, separate property is any asset that a spouse owned prior to the marriage. It also includes inheritance, compensation for a personal injury, and certain gifts received during the marriage. Marital property involves just about every other asset that the couple acquired during the marriage.

Illinois is an equitable distribution state. This means the courts will split property equitably—as opposed to “equally.” When dividing property, the courts will review your assets and determine which are marital property and which are separate property.

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 Posted on March 11, 2015 in Finances & Divorce

With so many issues to consider in a divorce, from property division, to child support, to spousal maintenance, separating spouses may forget to think about their estate and estate planning documents. However, spouses should take specific estate planning changes after a divorce in order to ensure that their ex-spouse no longer has rights to anything after the separation.

Changes to the Will

First, spouses should review their will. Most married couples designate their spouse as the main beneficiary of their will, either giving all or the majority of their estate to their spouse. Many divorcing spouses do not want their soon-to-be ex-spouse to inherit any of their estate. Of course, spouses that are currently going through a divorce have property that is still combined, which will most likely be divided equitably. However, spouses can rewrite a will to protect themselves during the divorce and into the future.

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 Posted on March 02, 2015 in Property Division

When spouses divorce, they lose a lot more than a long-term relationship. The end of a marriage can mean the loss of property, social circles, and even custody of children. Property division is one aspect of divorce that often leads to disputes.

Most spouses quickly learn that there are two main categories of property: separate and marital. Separate property includes any property that one spouse owned before the marriage. It may also include inheritance or a gift from a third party. Marital property, however, includes just about everything that the couple acquired during the marriage.

 When it comes to mortgages, however, many divorcing spouses have a long list of questions and concerns. This article will discuss the ways that divorcing couples can handle a mortgage.

What Happens to a Mortgage after a Divorce?

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 Posted on February 20, 2015 in Finances & Divorce

As most people who go through a divorce are aware, ending a marriage involves a lot more than filing paperwork and relocating. Although each case is unique, many divorcing spouses must deal with complicated child support and custody negotiations, property division, or alimony. Understanding how the law relates to your divorce can make the process a whole lot easier. Marital finances during a divorce can become particularly stressful. In addition to transitioning into a single income, divorcing spouses may not understand how to manage credit cards and other financial accounts. This article will provide some helpful insight into the monetary side of divorce:

 Joint Credit Cards

 According to Creditcards.com, creditors do not necessarily recognize a divorce ruling. Debt is debt, and as far as a credit card company is concerned, couples are responsible for paying joint debt when the marriage ends.

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 Posted on February 18, 2015 in Property Division

Like many other legal fields, divorce is a complex process that can be emotionally overwhelming. Adding to the confusion are the many myths that circulate the Internet. Because each case is unique, the outcome of one person’s divorce is not a good indicator of what yours will yield.

Sometimes, acting upon divorce myths can compromise your interests. For example, many husbands believe that the mother automatically will receive custody of the child, so they do not attempt to fight for custody. The truth, though, is that the courts do not view the mother as the default parent. Consulting a family lawyer is the easiest way to separate fact from fiction when it comes to divorce.

Myth 1: Prenuptial Agreements Are Permanent and Non-Negotiable

Prenuptial agreements, or “prenups,” are popular among wealthier individuals. The goal of signing a prenup is to protect a person’s wealth and assets if the couple decides to divorce.

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 Posted on February 13, 2015 in Property Division

A recent divorce case made headlines when a billionaire’s wife alleged that her marriage started under coercive circumstances. Since then, reports have gone back and forth, with both sides demonstrating their perspective of the failing marriage. Now, new details have surfaced that might threaten the husband’s interests.

According to the media reports, the wife claims her husband made it difficult for her to visit their homes in New York, Aspen, Hawaii, and Miami. She also claims that he limited access to her credit cards.

One of the trickier aspects of the ongoing battle is that the wife did, in fact, sign a prenuptial agreement. However, that has not stopped her from trying to convince the court to throw out the document.

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