Posted on April 22, 2024 in Spousal Maintenance

When a couple gets divorced, one party is often required to financially support the other. This is referred to as spousal support, spousal maintenance, or alimony. Illinois law gives courts wide discretion in deciding whether alimony must be paid, how much payments should be, and how long they should last.

That being said, many factors go into consideration when a court makes decisions about spousal support. This article will discuss some of those factors and when a spouse may receive alimony for life.

Keep in mind there is no actual formula that will tell you if you are entitled to lifetime alimony. The best way to determine this is to consult with an attorney who is familiar with the family courts in Illinois and can give you a professional assessment.

How Does a Court Decide Whether to Order Alimony?

When making decisions about alimony, a court will look at several factors, including:

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 Posted on April 19, 2024 in Child Custody

Parental alienation, which is when one parent tries to interfere with the relationship between a child and her other parent, sometimes happens in hostile marriages or divorces. Parental alienation affects the child deeply and can even be viewed as a form of child abuse in Illinois. In 2013 the Illinois legislature designated the month of April as Parental Alienation Awareness Month.

Because parental alienation is a serious concern, it is also a serious accusation and has legal consequences. Make sure you know the signs of parental alienation and what actions you can take if your child is being estranged from you.

If you suspect that your co-parent is alienating your child from you, contact a qualified family lawyer in Illinois who is experienced in parental alienation matters.

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 Posted on April 16, 2024 in Child Custody

While parents and courts try to make parenting time arrangements as stable and consistent as possible, sometimes plans change. The child is then forced to adapt, which can increase confusion for a child already suffering from it.

For this reason, some parents choose to put a “first right of refusal” clause in their parenting plan. This article will discuss what a parenting plan is and why you might consider requesting the first right of refusal.

As always, it is best to consult with an experienced family lawyer if you have any questions about parenting time.

What is a Parenting Plan?

One of the things parents who are getting divorced must do is create a parenting plan. A parenting plan, according to Illinois law, is a legal document that establishes how parenting rights and responsibilities will be distributed between the two co-parents. It includes, for example:

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 Posted on April 11, 2024 in Prenuptial & Postnuptial Agreements

Couples who decide to get married are often encouraged to sign a prenuptial agreement. This agreement outlines what will happen to property belonging to each party and the couple as a whole in the event of death or divorce. It becomes effective upon marriage.

Although signing a prenuptial agreement can be helpful in many scenarios, it is legally complex and should be drafted by an attorney who is experienced in family law. 

If the couple decides to divorce, a prenuptial agreement often becomes a major factor in the divorce proceedings. This article will discuss the benefits of signing a prenuptial agreement, what the agreement includes, and how it can impact a divorce.

Why Sign a Prenuptial Agreement?

There are several reasons why you might want to sign a prenuptial agreement:

• To shield your spouse from being saddled with your debt

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 Posted on April 11, 2024 in Asset Division

One of the painful realities of the divorce process is that you lose not just a spouse but can also lose financial assets. Asset division, which is the area of divorce law that deals with dividing a couple’s assets, is very complex and should be handled by a skilled divorce attorney.

The general rule under Illinois law is that any property or asset that was acquired by either spouse during the marriage should be equitably split with the other spouse upon divorce. There are exceptions to this, such as:

• Inheritance

• Gifts

• Property acquired by using pre-marital assets as collateral

If you have a business, it may count as marital property depending on certain factors.

Is My Spouse Entitled to My Business?

There are a few cases in which your spouse may be entitled to part of your business. For example:

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 Posted on April 08, 2024 in Divorce

Under Illinois law, divorces are not anyone’s “fault.” The only legal basis for divorce is “irreconcilable differences.” Sometimes those differences are so great that at least one spouse might be looking to move on even before the divorce is finalized. 

It is not illegal to enter a new romantic relationship before your divorce is final, and it will not make the divorce your “fault.” It can, however, complicate the divorce process for you and those around you. It is advisable to consult with an experienced divorce attorney before committing to a new relationship while your marriage is still valid.

Here are a few complications that can arise if you start a new relationship before your divorce is official.

It Can Affect Cooperation From Your Spouse

Cooperation between two spouses during a divorce is essential to making the proceedings as smooth as possible. A court will look at interspousal cooperation and communication very closely in some cases, like in a child custody dispute. 

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 Posted on April 03, 2024 in Family Law

If you are an unmarried father in Illinois, you likely have questions and concerns about your legal rights and those of your child. Understanding your rights as a father, or your paternity rights, can be especially important if the parents’ relationship is strained and the mother is reluctant to involve the father in the child’s life.

Contacting an experienced family lawyer in Illinois who can help you understand paternity laws is the best first step to take. The attorney will discuss your legal options with you, such as making sure your relationship with your child is recognized in the eyes of the law. This is called "establishing paternity."

Why Should Someone Establish Paternity?

A new father might consider establishing paternity to secure his legal rights, such as child custody and parenting time. But paternity also grants certain rights to the child, including:

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 Posted on March 28, 2024 in Child Support

One of the most commonly discussed topics in parental divorce is child support. Sometimes, one parent has more time with the children and responsibility for them and the other has more flexibility to work and earn a living. In that case, it is generally straightforward; the parent who works more pays child support to the parent spending more time raising the children. But sometimes, the parents have equally shared custody, and neither parent can claim to be spending more time with the kids. If you believe you will have a 50/50 custody arrangement with your spouse, you will likely have questions about child support calculations. Speak with a knowledgeable Wheaton, IL divorce attorney to get some answers.

How Does Shared Parenting Work?

Child custody, or parenting time, refers to when the child is with each parent. There is no specific template for a parenting time schedule that will work for everyone. Every family that has been through a divorce has a unique parenting time schedule based on factors that include the child’s needs, the parents’ abilities, and others. 

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 Posted on March 28, 2024 in Prenuptial & Postnuptial Agreements

A prenuptial agreement can often be an excellent thing for an engaged couple to sign as they prepare for married life. It will get them in the habit of thinking about their money and assets not as theirs individually but as theirs as a couple. It can also give them a great deal of peace of mind, knowing that if the marriage does not succeed, their finances will be protected and they will have a fair settlement.

However, many couples do not sign a prenup. For some, the idea of planning for a hypothetical divorce before even giving their marriage a chance seems unpleasant. Others might get so swept up in the romance and excitement of planning their wedding that they accidentally overlook this step even if they find it reasonable. Whatever the reason, some people find once they are married that they regret the fact they never signed one. If this describes you, a postnuptial agreement might be a good option for you. Speak with an experienced Kane County, IL divorce lawyer to find out more.

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 Posted on March 25, 2024 in Child Support

Child support obligations generally end on a child’s 18th birthday. In some cases, they end when the child graduates high school. However, under certain circumstances, parents might be required to continue making payments for their children even when they are no longer considered minors. For example, divorced parents in Illinois can be obligated to create a plan to cover their child’s college education. Additionally, child support obligations can extend beyond that point for several years and might never end in the child’s lifetime if the child has special needs. If you are going through a divorce and your child has disabilities, you should speak with a knowledgeable Kane County, IL child support attorney to understand what sort of obligations you might have and start preparing accordingly.

Paying for Your Adult Child’s College Education

While judges in Illinois cannot tell married parents what to do with their money, they do have the option of ordering divorced parents to help cover the costs of their children’s college or trade school education. Divorce settlements are supposed to ensure that the parents and child can continue enjoying the standard of living they had when the parents were married, and a college education might be included in that standard. However, it is not an obligation, and the judge might decide not to order this.

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