Posted on December 02, 2015 in Spousal Support

A common question among those preparing for divorce involves the possibility of spousal maintenance. Previously known as alimony, spousal maintenance is intended to help alleviate the financial impact of a divorce to one spouse or the other. It is important to understand, however, that there is no presumed right to receive spousal support after a divorce. Instead, except for a valid agreement between the spouses, it is up to the court to determine if support is appropriate.

Statutory Considerations

To say that spousal maintenance is only appropriate for an economically disadvantaged spouse is an oversimplification. In reality, there are a number of factors the court must take into account when deciding whether or not to order an award, including, but not limited to:

• The age, health, and earning capacity of each spouse;
• Each spouse’s contribution to the marriage and the earning capacity of the other spouse;

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 Posted on November 30, 2015 in Divorce

One of the parts of the divorce process that many people find the most distasteful is the discovery process. However, if you and your lawyer fail to do thorough job of discovery it can harm your current case and even affect your options for years to come.

What is Discovery?

Discovery is the process of finding out about the other side's case. In a divorce case this usually mostly involves understanding the finances. The basic tools of discovery include:

• Depositions- This is when you testify under oath to the questions asked of you by the other side’s lawyer before a formal hearing or trial.
• Document Requests- These are written requests for all relevant papers and records to the divorce. They will include things like account statements, bank balances, and lists of all assets.
• Interrogatories- These are written questions that are answered under oath. They may sometimes be used instead of a deposition or prior to a deposition.

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 Posted on November 27, 2015 in Child Custody

As you may be already aware, beginning in 2016, the excessive use and abuse of drugs and alcohol will no longer be separately recognized as grounds for divorce. The dissolution process itself must be based on irreconcilable differences, essentially making every divorce officially a no-fault situation. However, even without making drug abuse the basis for the divorce, a large number of couples, and parents, in particular, are affected by the destructive, chemical-related behavior of one party. It is important to understand that drug abuse can and will continue to impact, arrangements regarding parental responsibilities and parenting time.

Allocation of Parental Responsibilities

Following a divorce or the break-up of unmarried parents, you and the other parent will be expected to reach a workable agreement regarding the parental responsibilities for your child. Before it will be approved, however, the court must examine the terms of the agreement and determine that they are reflective of the child’s overall best interests. If the agreement is not approved, or if you and the other parent cannot develop one together, the court will decide how parental responsibilities will be decided. In doing so, the court must take into account the various factors at work in the relationship and establish an arrangement that will meet the child’s needs.

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 Posted on October 23, 2015 in Spousal Support

When a divorce leaves one spouse economically disadvantaged, courts in Illinois are granted the discretion to award spousal maintenance, or alimony, for a period of time following the dissolution of marriage. The purpose of such an award is to provide an opportunity for the spouse receiving maintenance to regain financial independence, if possible, or, if not, to help maintain some semblance of the lifestyle to which he or she was accustomed during the marriage.

Making a Maintenance Determination

In deciding whether or not maintenance is needed or appropriate in a given situation, the court must look at a number of relevant factors regarding the marriage. According the Illinois Marriage and Dissolution of Marriage Act, these considerations include, but are not limited to:

• Each party’s needs and individually-owned property, including that being allocated in the divorce;
• The needs and earning capacity of each party;

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 Posted on September 29, 2015 in Prenuptial & Postnuptial Agreements

As the age at which Americans enter their first marriages continues to rise, each partner is likely to bring more personal history and property to the marriage than those of previous generations. Individuals spend more time as single adults than ever before, often starting careers, buying homes, and investing in various business interests. For many entering marriage for the first time, a prenuptial agreement may be appropriate to help establish what belongs to whom in the event the marriage does not succeed. For those entering a subsequent marriage, however, a prenuptial agreement may be virtually necessary to account for even more complex personal situations.

Second and Third Marriages

If you are considering remarriage, one of two things have already happened: you have been widowed by the death of a spouse or you have been through the process of divorce. Therefore, you probably have a pretty good understanding of many of the complexities that can present themselves. A prenuptial agreement, as you probably realize, can help remove a great deal of uncertainty through cooperation while the spirit of togetherness is alive and well between you and your soon-to-be spouse. Drafting a prenuptial agreement is not betting against your marriage any more than a life insurance policy equals betting against your life. At some point, your marriage will end, either by divorce or death, and a prenuptial can address both realities.

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 Posted on August 25, 2015 in Divorce

If you took your husband’s last name when you got married, you will be faced with a potentially difficult decision upon your divorce. Of course, the divorce process includes many challenging decisions, but you may find deciding what to do about your name to be among the most conflicted. From an official, legal perspective, changing your name back is easy, but the impact of your changing your name can affect you on a much deeper, emotional level.

While there are examples of divorce decrees requiring a woman to change her name after divorce, for the most part, nobody can force you into a decision. It is a very personal consideration impacted by a wide range of factors, and the right answer is whichever choice satisfies you. In making the decision about changing your name, think about some of the concerns that countless other women have considered:

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 Posted on July 28, 2015 in Uncontested Divorce

When you got married, you probably never anticipated that the day would come when divorce was not only a possibility, but the right decision. You and your spouse, over the years, may have grown apart and realized that it was not in either of your best interests to remain in an unhappy marriage. Even as you end your marriage, however, it is entirely reasonable for you both to want the best for the other person. Just because you will no longer be married does not mean you must hate each other or that you need to "win" the divorce. If you find yourself in such a situation, an uncontested divorce may provide the closure you need for your marriage without the stress and hassle of courtroom litigation.

Irreconcilable Differences

Virtually all uncontested divorces are granted on the grounds of irreconcilable differences. Currently under Illinois law, divorce is a possibility on fault grounds including infidelity, abandonment, and others, but fault grounds are much less likely to result in an amicable divorce. (Fault grounds are also being eliminated from the state’s divorce laws beginning in 2016, but that will be addressed in a future post.) Thus, an uncontested divorce assumes no fault for the breakdown of the marriage and instead focuses on creating an equitable post-divorce situation for both spouses and their children.

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 Posted on July 09, 2015 in Child Custody

When a couple with children divorces, developing a custody arrangement for the children is generally a part of their divorce process. The court does its best to ensure that following a divorce, the children have regular contact with both parents and can develop nurturing relationships with each of them. Before a couple's divorce is complete, however, their children may be in a precarious position. One parent might move out of the family home or be facing an order of protection from the other.

In any case, the children need to have a legal order in place to ensure that they have a stable home and schedule while their parents work through their divorce. This is where a temporary custody order can help.Our Illinois child custody attorney can explain more and help you with complex child custody matters, as well as every other part ofy our divorce.

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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 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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