Posted on May 15, 2019 in Divorce

If you are a parent who is considering divorce, you are probably worried about how the divorce will affect your children. While having divorced parents is not unusual these days, the transition from a one-house family to a two-house family can be rough on children. There is no perfect way to share custody of children as divorced parents. Some divorced parents choose to stay highly involved in each other’s lives and even take family vacations all together after the divorce. Other divorced parents choose to lead completely separate lives and only communicate when absolutely necessary. Your personal co-parenting strategy will depend on your unique circumstances and what you believe is best for your children.

Create a Detailed Parenting Agreement

Anyone getting divorced in Illinois who wishes to share parental responsibility with their child’s other parent must create a parenting agreement. Illinois law requires that certain items be included in this agreement. For example, parents must include a schedule for sharing parenting time (formerly called visitation) and parental responsibility (custody) as well as provisions for how the children will be transported between the households. Of course, there is no need to only include the minimum requirements in your parenting agreement. In fact, being more detailed and including agreements specific to your family is a great way to make sure you and your soon-to-be-ex spouse are on the same page. Including these agreements in writing helps ensure that they are followed by all parties after the divorce.

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 Posted on May 07, 2019 in Annulments

Annulment differs significantly from divorce or separation. While a divorce ends a marriage, an annulment cancels the marriage entirely. After a marriage has been annulled, it is as if the marriage never happened. Annulments are only granted for specific reasons in certain situations. Not just any anyone qualifies for an annulment, or as it is called in Illinois, a Declaration of Invalidity of Marriage. If you have reason to believe your marriage is invalid and should be annulled, read on to learn more.

Grounds for Annulment in Illinois

A marriage cannot be annulled just because a couple regrets getting married. If a couple wishes to have their marriage declared invalid, they must meet one of several criteria. Firstly, a marriage can be invalidated if a party could not consent to the marriage due to mental illness or incapacitation, or because one or both parties were under the influence of drugs or alcohol. A marriage which someone enters into through force, fraud, or duress can also be declared invalid. Furthermore, marriages can be annulled if one of the parties lacks the ability to consummate the marriage and the other party did not know about this incapacity. In Illinois, individuals aged 16-17 years can only get married with consent from a parent or guardian, or via judicial approval. If a party was under 18 at the time the marriage took place and did not have the required approval, the marriage can be annulled.

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 Posted on April 23, 2019 in Prenuptial Agreements

More and more people are beginning to understand the vast benefits a prenuptial or premarital agreement can offer an engaged couple. Prenuptial agreements, or prenups, are not just for celebrity couples or the rich. Just as a person who buys car insurance does not intend to get into an accident, signing a prenup does not mean that either party intends for the marriage to end. Prenuptial agreements protect both parties’ property rights in the event that the marriage does end in divorce, but can also provide other benefits aside from those gained during divorce. It is very important, however, that individuals creating a prenuptial agreement abide by the criteria set forth by Illinois law. A prenup that does not meet these criteria can become invalidated and essentially worthless at the time of divorce.

Soon-to-Be-Spouses Must Be Honest About Finances

One of the most essential elements of a valid prenuptial agreement is a full disclosure of property and assets from both parties. Couples must list all of their property and debt as part of the prenup before decisions can be made about how that property and debt should be divided if the marriage ends. If one or both spouses were dishonest in their financial reporting during the creation of the agreement, it is possible that the prenup could be thrown out during divorce.

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 Posted on April 16, 2019 in Divorce

According to government data, approximately 23.5 million Americans have drug and alcohol addictions. That works out to roughly one in 10 individuals in the United States over the age of 12. Alcoholism and drug addiction can rob a person of everything they hold dear in life, including their marriage. Of course, drugs and alcohol are not the only types of addictions that occur. Compulsive shopping, gambling addiction, and even sex and pornography addictions can also wreak havoc on a couple’s marriage. If you are considering divorcing your spouse who suffers from an addiction, there are several things you should keep in mind.

Consider a Legal Separation

If you are planning to divorce a spouse suffering from addiction, it is crucial that you take steps to protect your property and assets. Consider placing your money in separate bank accounts instead of a joint account. You may also want to remove your spouse as an authorized user on your credit cards. Generally, any debt which is accumulated after a couple has filed for divorce is not included in the marital estate and subject to property division during divorce, especially debts that were entered into for the benefit of just one spouse.

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 Posted on April 10, 2019 in Child Support

The purpose of child support is to help a child of unmarried or divorced parents enjoy the same quality of life as they would if their parents were together. If a noncustodial parent does not pay his or her court-ordered child support, the custodial parent can seek help from Illinois' Division of Child Support Services.

Not paying child support can result in wage garnishment, revocation of licenses, property liens, interception of tax refunds, and, in the most severe cases, criminal prosecution. If you are the primary caregiver to a child and the child’s other parent is not paying child support, read on to learn about your options under Illinois law.

Paternity Must Be Established Before Child Support Can Be Collected

Because there is seldom any question as to a child’s biological mother, most parentage issues stem from the father not establishing paternity. In Illinois, there are several ways that a father can establish paternity and become the child’s legal parent, including:

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 Posted on April 02, 2019 in Division of Assets

One of the most challenging aspects of a divorce can often be determining how property will be divided. Illinois law dictates that only marital, or shared, property should be divided during a divorce and that non-marital, or separate, property is not. However, it can be hard to determine what property is considered marital and what property is considered separate.

Untangling two individuals’ finances and assets during divorce can be a complicated endeavor – especially if the couple is not able or willing to negotiate. In some situations, property decisions are left up to the judge assigned to the case. The judge will then use a method of property division called “equitable distribution” in order to assign property to each spouse.

What Is Considered Non-Marital Property?

Separate property is not subject to equitable division and will be assigned to the spouse who owns it during divorce. Separate property generally includes:

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 Posted on March 26, 2019 in Divorce

Getting divorced is always a challenging endeavor, but for those facing a divorce after not working outside the home, it can seem impossible. If you have been a stay-at-home parent or homemaker and are considering divorce, you may have many concerns about what will happen after your marriage ends. How will you get a job and support yourself with so little work experience? Will your non-financial contributions to the home and family be taken into consideration by Illinois courts during divorce? Fortunately, Illinois law does recognize the issues homemakers and stay-at-home parents face when they get divorced, and there are several legal options available to make the transition to single life more manageable.

Non-Financial Contributions Matter Too

The sacrifices a parent or spouse makes for his or her family should be accounted for during divorce. Illinois law considers marriage to be a “joint enterprise” meaning it recognizes the contributions that a stay-at-home mother or father and/or homemaker made to the marriage. A parent who sacrificed his or her professional career for caretaking responsibilities is at a significant financial disadvantage after divorce. Illinois courts therefore consider both party’s’ future employability and contributions to the marriage – both financial and non-financial – during decisions about property and spousal maintenance.

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 Posted on March 19, 2019 in Prenuptial Agreements

Those getting married who want to protect their financial rights often choose to sign a prenuptial agreement. Prenuptial agreements, also called “prenups” or premarital agreements can be to protect assets including real estate or a family-owned business in the event of divorce. Signing a prenup does not mean that a couple plans to divorce just as someone who buys car insurance does not intend to get into a wreck. Prenuptial agreements are a type of contract which will help determine how assets and debt is divided and whether or not spousal maintenance is awarded during divorce. There are several things which can invalidate a premarital agreement, however. If you are considering using a prenuptial agreement, make sure it meets the criteria set by Illinois law. Prenuptial agreements which do not meet the requirements or contain invalidating provisions may be thrown out entirely during a divorce.

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 Posted on March 14, 2019 in Divorce

There are many factors which can complicate a divorce. One of the biggest of these is an uncooperative or untrustworthy spouse. Ending a marriage is already challenging, but adding a spouse who is not forthcoming about his or her finances makes it even harder. If you considering divorce and worried that your spouse will attempt to hide assets, read on to learn about how you can protect your financial rights during your Illinois divorce.

Illinois Courts Need an Accurate Representation of Financial Status to Divide Property

Before marital property can be divided in a divorce, spouses must list their assets and debts in a financial disclosure. Once the spouses know their complete financial picture, they can begin deciding how this property should be divided between them. If the spouses cannot come to an agreement about property division, the court system will decide for them.

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 Posted on March 06, 2019 in Divorce

While divorce at any age can be a complex endeavor, older couples getting divorced often face additional complications that younger couples may avoid. The longer a couple is together, the more interwoven their lives become – both personally and financially. Older individuals often own more complex assets like family business, life insurance policies, retirement plans, pensions, stock options, brokerage accounts, and deferred compensation which can significantly complicate divorce. Furthermore, spousal maintenance is often ordered when a long marriage ends. If you are over age 50 and are planning to divorce, keep the following information in mind.

Divorce Rate for Older Couples Has Risen Significantly

More and more older couples are getting divorced than ever before. This is especially true for the post-retirement age group. In fact, the divorce rate for people aged 65+ has more than doubled since 1990. This trend, nicknamed “gray divorce,” may be occurring for several reasons. Firstly, the stigma surrounding divorce which existed for decades has nearly disappeared. Divorce is not seen as something to be ashamed of in today's world. Secondly, many older adults are gaining the confidence to choose the path in life which makes them the happiest. For some, this means ending a marriage.

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