Posted on April 29, 2022 in Property Division

Couples who get divorced in Illinois have sometimes been separated and have lived in different homes for a long time before finally filing for divorce. Once it becomes clear that the relationship has irreparably fallen apart, it becomes natural to want to move on and begin establishing a life separate from one’s spouse, including finding a new home to live in or purchase. But because marital property must be assessed and divided during divorce, purchasing a home or making any other major financial decisions can impact the marital asset division process. If you are getting divorced or know that eventually you will get divorced, seek advice from an Illinois divorce attorney before you buy a home.

If We Break Up, Is Any Money I Make My Personal Property?

While you may feel as though your relationship ended long before you even filed for divorce, under Illinois law, as long as you are married your income is considered marital property. This includes income from employment, rental properties, investments, and more. So, even if you and your spouse have lived in separate homes for years, as long as you were still married, your income is almost certainly still marital property.

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 Posted on April 27, 2022 in Divorce

The rising cost of home and rental prices has made it difficult or impossible for many couples whose relationship has broken down to separate and live in different residences. If neither you nor your spouse has the option of moving out, you are likely wondering if you can still get divorced in Illinois. If you have small children, you may also wonder if you can continue living in the same house as your spouse for the sake of your children while formally ending the relationship. Fortunately, the answer is yes - as long as certain requirements are met.

Is There a Mandatory Separation Period for Divorce in Illinois?

Until recent changes in Illinois divorce law, couples had to give a reason for divorce, such as abandonment or adultery. They had to wait for at least six months, even if they agreed to the divorce and did not allege either spouse as at fault.

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 Posted on April 22, 2022 in Property Division

Financial disagreements are one of the most common reasons people seek an Illinois divorce. While all couples must navigate their financial behavior patterns and some disagreement is likely, when one spouse’s behavior puts a family’s financial future at risk, divorce may be inevitable. However, this naturally raises a concern: If a spouse is spending an excessive amount of money and putting him or herself into debt, and if debt accumulated during a marriage is generally considered marital debt, who pays for this debt when a couple gets divorced? Answering this question may seem deeply unfair and unappealing, but dividing marital property and debt is an essential part of divorce that must be done before the final order can be handed down.

What is an "Equitable" Division of Debt?

Fortunately perhaps for the spouse who did not take on the debt, Illinois law requires marital assets and debt to be divided equitably. This means that debts will not be simply split in half, but rather that spouses will be assigned debt according to what would be the most fair. Spouses are encouraged to use mediation or other conflict-resolution services to reach an agreement about how to handle their marital debt. However, when this is unsuccessful, a judge may need to allocate the debt. Judges can use many factors when deciding how to split debt, including:

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 Posted on April 20, 2022 in Child Support

Raising children can be one of the most rewarding, joyful things a person ever does. However, any honest parent will also tell you that raising children can be a never-ending, thankless task. Children are always hungry, they break things they know they are not allowed to touch, and they have a knack for putting holes in new shoes and clothing - in other words, kids are expensive. If you are divorced or are co-parenting with someone you were never married to, child support payments are often a crucial source of income for your children’s ongoing needs. An ex’s failure to pay child support may not only be frustrating, but terrifying - if you cannot make rent, what will you do? Desperation can lead many parents to wonder if they can withhold parenting time from a parent who refuses to pay child support.

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 Posted on April 11, 2022 in Child Support

Popular wisdom holds that once a child turns 18, a divorced parent no longer has to pay child support. Although in many cases this is true, in Illinois children of divorced parents may lay claim to child support that continues for several years after a child reaches legal adulthood.

Divorced parents can be required by Illinois family courts to contribute to their child’s college expenses. Illinois is something of an outlier in this regard, but the courts have consistently upheld this responsibility, even when parents have challenged it. Considering that the cost of college can be significantly more than a down payment on a home, the prospect of paying for a child’s college involuntarily can be concerning. If you are divorced or plan on getting divorced in Illinois, it is essential to understand your future financial obligations for non-minor child support.

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 Posted on April 05, 2022 in Guardianship

Sometimes situations arise in which an individual in Illinois needs help taking care of themselves. A parentless child, an aging loved one with dementia, and a terminally ill parent are just a few examples of when legal guardianship may become necessary. In situations like these, an experienced Illinois legal guardianship attorney can facilitate careful planning and loving conversations to help ensure that people get the help and care they need. Here are some situations in which it may be necessary to appoint a legal guardian.

Common Situations Requiring Legal Guardianship in Illinois

• The death or incapacitation of a parent of a minor - When one or both parents pass away or are otherwise incapacitated, children need legal guardians until they reach the age of 18. Many parents choose a godparent or place explicit instructions designating an intended guardian in their will. Other times, a parent only names a guardian after learning they have a terminal illness. While a guardian must still be appointed to the court according to a child’s best interests, the court’s presumption is that the person the parent chose to be the child’s guardian is likely the best fit.

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 Posted on March 29, 2022 in Prenuptial & Postnuptial Agreements

Prenuptial and postnuptial agreements are beneficial during a divorce. Many couples will choose to create a prenuptial or postnuptial agreement to protect their assets if the marriage does not work out. Prenuptial agreements and postnuptial agreements can address the division of assets, spousal support, and other financial matters. Despite the usefulness of many prenuptial agreements, there are still instances that a prenuptial agreement may not be upheld in court during your divorce.

How Can a Prenuptial Agreement Be Invalidated?

Courts usually uphold the agreements described in a prenuptial agreement or postnuptial agreement. However, there are still ways that a spouse can justifiably contest their prenup. There are a few core reasons the court could invalidate a prenuptial agreement:

• Hidden Assets — A prenuptial agreement may be invalidated if one spouse has hidden assets. Hiding assets is deceptive and can change how other assets should be divided. If one spouse did not disclose all of their property or debt, the agreements in the prenuptial agreement will be based on incorrect information.

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 Posted on March 25, 2022 in Divorce

Divorces can be extremely difficult for all family members emotionally, physically, and mentally. However, divorcing a partner with a mental illness presents an entirely new hurdle for many spouses. When choosing to pursue a divorce with a mentally ill partner, there are many factors to consider, including how to approach the divorce, making custody decisions, and ensuring the safety of everyone involved. Couples in this complicated situation may hire legal counsel to help them through the divorce process . There are also other tips that individuals can follow when divorcing a partner with mental health issues.

Most Common Mental Health Issues

According to the National Institute for Health and Care Excellence, prevalent mental health disorders today include:

• Depression

• Generalized Anxiety Disorder

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 Posted on March 23, 2022 in Child Custody

In Illinois, the state focuses on ensuring that both parents of a child have protected legal rights. It is often assumed that mothers have most parenting rights over their children, but this is not always the case. The state assumes that both parents are adequately caring for their child, and so there are legal protections in place to ensure both parents have equal rights when it comes to parenting. If a couple decides to divorce during a marriage, both the mother and father have legal rights to custody, visitation, and parental decisions. In exceptional circumstances, parents can have their legal rights taken from them.

What Type of Parenting Rights are Protected?

Suppose custody is established, and that parent has not expressed an inability or disinterest in caring for that child. In that case, the parent has legal parenting rights. Typically, these rights are exercised during a divorce, separation, or a significant life-changing decision. The parental rights that are protected in the state of Illinois include:

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 Posted on March 16, 2022 in Child Custody

When creating an initial parenting plan, parents prepare for the future. It can be hard to tell what life will look like just a few months or years following a divorce. Parents may decide to relocate to a new city, remarry, develop new relationships, or extend visitation time with their kids. If you find yourself in a situation where you would like more quality parenting time with your children, you will have to modify your standing parenting agreement within your divorce decree. Knowing how to navigate the process of changing a divorce decree and how to utilize the resources available to you can help you succeed in your effort to increase visitation, or parenting time, with your family.

What is Divorce Decree Modification

Parenting plans outlining the allocation of parental responsibilities and parenting time are part of the comprehensive divorce agreement. Like all legal documents, parents are required to comply with the parenting plan. If there are changes that a parent would like to make, including increasing parenting time with their children, they must follow the modification process. As modifications are made to arrangements such as visitation or parenting time, other aspects of the divorce agreement may shift as a result, including spousal support or child support.

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