Posted on December 14, 2018 in Child Custody

In creating a divorce agreement, all parental decisions are based upon the parenting plan established through negotiation, mediation, or by a judge. A parenting plan is a document which determines the specifics of parental responsibility. Regardless of its origination, once a divorce decree is approved, its provisions become legally enforceable.

This legal document protects your parenting rights in the present and in the future, should your ex-spouse choose not to cooperate at any point. Additionally, the plan establishes distinct guidelines to prevent disputes. When in doubt, you are always able to refer to the plan.

Parenting Plan Examples

What you include in a parenting plan depends entirely on the circumstances of your situation. If you and your spouse can work together through your attorneys or a mediator, you can create a plan that works for everyone in the family. If, however, your divorce is destined for litigation, a judge will include:

Continue Reading ››

 Posted on December 07, 2018 in Prenuptial Agreements

A prenuptial agreement is a legal contract created before the beginning of a marriage or civil union. The document commonly outlines what should happen with any income, assets, or other financial responsibilities should the relationship end in divorce but can include anything either party deems pertinent.

While these arrangements are largely made famous by celebrities and other high-asset individuals, prenups are not limited to this income bracket. With the right legal guidance from a qualified attorney, couples from all financial backgrounds can benefit from prenuptial agreements.

Prenups for Middle Class

For both the wealthy and non-wealthy, a properly drafted prenuptial agreement guarantees a fair and equitable division of assets and debts and protects both parties from financial distress. That can be crucial for those without massive amounts of capital. Although wealthy individuals can potentially lose a significant amount of their assets in a divorce, the truth of the matter is, they will still have food on the table. For those in the middle-class bracket, someone losing half of their combined assets can result in situations in which financial responsibilities cannot be met.

Continue Reading ››

 Posted on November 29, 2018 in Spousal Maintenance

If you were a stay-at-home mom or dad during your marriage, and your spouse was the primary source of family income, divorce can present a unique set of challenges. Stay-at-home parents frequently forego education and career opportunities for years and even decades so they can raise children and take care of daily household duties. After a divorce, these parents find themselves re-entering the job market, many with little-to-no work experience and substantial gaps in employment.

Although spousal maintenance (formerly called spousal support or alimony in Illinois) is an option, is it something a divorced stay-at-home parent can expect?

What is Spousal Maintenance?

Maintenance is a monthly payment made by the higher-earning spouse to the other. It is intended to let both spouses maintain a similar standard of living during the adjustment period following divorce, and to reduce potential financial strain on the lesser-earning spouse. In short, one spouse should not live a wealthy lifestyle while the other is left destitute. Judges typically award spousal maintenance payments for a limited time, which allows a stay-at-home parent to find gainful employment.

Continue Reading ››

 Posted on November 26, 2018 in Divorce

The image of the traditional American family has evolved from one of a mother, father, and a child or children, to now include the “blended” family. A large portion of families in the United States are part of a blended situation, which means one spouse is either divorced or widowed with children, and has gone on to remarry someone with a similar past. The U.S. Census Bureau estimates 1,300 new stepfamilies form each day. This union creates a “his, hers, and ours” situation that was once only seen in TV comedies like “The Brady Bunch.”

Just because this is more common in today’s society does not make the transition any less awkward at first, nor do all tensions easily conclude with a happy ending as seen on TV. Here are a few tips to make your new family work:

Acknowledge the Children's Relationship With Their Other Parent

Although divorce can have a dramatic effect on children, most studies acknowledge children do well post-divorce if both parents continue their parental roles following the separation, regardless of remarriage. Let the child know the new stepparent will not replace their biological parent, but that it is an extension of their current family.

Continue Reading ››

 Posted on November 14, 2018 in Divorce

When someone says their divorce is complex, you might envision the emotional entanglements of love lost, which can make agreements more difficult to achieve. Each divorce is complicated in its own way, but some marriage dissolutions end up more involved than anticipated, or necessary.

What factors influence whether your divorce is short and amicable or drawn-out and ugly?

Disagreements Over Separate and Marital Property

In Illinois, property division includes the determination of what is “marital property” and “separate property.” That is, the debts and assets acquired before the marriage and what occurred after the vows. During a divorce, separate property returns to the original owner, and marital property and joint debts are divided equally between the parties. Exceptions to the rule include inheritances or gifts given solely to one spouse during the union, which are typically counted as separate property. Contention sometimes arises from the determination of which assets fall into the marital property category.

Continue Reading ››

 Posted on November 07, 2018 in Child Support

When a judge creates a child support order, the payments must arrive every month until the child reaches adulthood or is emancipated, adopted by a stepparent, or joins the U.S. military.

Life circumstances often change. People gain and lose employment, marry, and divorce, and health fluctuates up and down, all of which can have a significant impact on the financial well-being of a household. For many divorced parents, it is likely that at some point during the duration of child support payments, the order may require child support modification.

Mutual Agreement

If there is a significant change to the income or financial status of either parent, modification may be an option. Both parties can minimize court time if they reach an agreement about future child support payments, either temporarily or permanently. Both parties may draw up a written agreement, including their signatures, and send it to the judge for approval. If approved, the new terms are legally binding.

Continue Reading ››

 Posted on October 29, 2018 in Division of Assets

When a couple is getting divorced, any retirement assets they may have are among the most critical assets to divide appropriately. Instruments like 401(k) accounts and pensions must be divided between the spouses, because most spouses will not have planned for retirement without at least some of those funds being present. However, unlike many other assets, it is not generally possible to simply split the proceeds of a retirement account down the middle. There is a specific procedure that must be followed under Illinois law to ensure that the asset is divided equitably.

Determining a Pension’s Value

Two factors go into determining the value of a pension for purposes of marital property division. The first is whether or not the pension is, in fact, marital property. Generally, the value of the pension that accrued during the marriage is considered marital property, and the value that was there beforehand is not. Some judges may hold that these funds have commingled, but such a determination is dependent upon the facts of your particular case.

Continue Reading ››

 Posted on October 15, 2018 in Divorce

Sociologists and demographers often struggle to find a specific delineation between one acknowledged generation and the next. As such, it can be difficult for a single person to identify as a member of a “named” generation. The bigger picture, however, is often more clear, as the values, tendencies, and habits of a generation become evident even with a specific demarcation indicating the exact year in which that generation began. For example, the generation known as “millennials,” represents a large group of those born from the early 1980s to the late 1990s, at least according to generally accepted standards. As the millennials are now becoming parents, their views and approach to family life are beginning to impact overall social trends, including those regarding children before marriage and divorce.

The Youthful Face of Change

Every generation represents a departure of sorts from those that preceded it, especially the previous two. Millennials are, for the most part, the children of Generation X, and the grandchildren of the Baby Boomers. Just as Gen Xers challenged the values of their Baby Boomer parents, with the introduction of punk, metal, and grunge music, and the rejection of more conservative religious, political and social views, the trend has continued with millennials. Nowhere has this been more obvious than in the dramatic shifts in family values and what millennials hold as important.

Continue Reading ››

 Posted on October 10, 2018 in Divorce

Tragically, addiction is something that touches millions of Americans’ lives every year. Drug and alcohol abuse, gambling addiction, and even compulsive shopping can rob a person of their joy, career, and even marriage. If you are considering leaving your spouse due to his or her addiction, you may feel lost, confused, and unsure of how to move forward with a divorce. The bad news is that divorcing an addict is often much more challenging than divorcing a person without addiction issues. The good news is that there are steps you can take to help prevent complications as well as protect yourself and your rights during the divorce process.

You Do Not Need to Prove Your Need for a Divorce

Television and movies have only added to the confusion surrounding separation and divorce. In many films, a spouse can be seen explaining how and why the other spouse created the need for the couple to divorce. In real life, you will never need to justify your desire to end your marriage. Illinois, along with every other U.S state, allows married spouses to file for divorce without specifying the “grounds” or reasoning for the separation. You will be able to file for divorce based on no-fault grounds. In Illinois the only official grounds for divorce is "irreconcilable differences," meaning that the marriage is irretrievably damaged and cannot be salvaged.

Continue Reading ››

 Posted on October 02, 2018 in Domestic Violence

Domestic violence continues to plague millions of families throughout Illinois and around the country. Each year, an estimated 10 million women and men are subjected to physical abuse at the hands of an intimate partner, which averages to a shocking 20 per minute in the United States. According to the law in Illinois, domestic violence extends well beyond physical abuse, as the term also includes harassment, stalking, intimidation, and other forms of emotional and mental exploitation.

For many victims, filing for an order of protection is the first step toward seeking help and escaping an abusive situation. In Illinois, there are three types of orders of protection, and it is important to know how they each work.

Emergency Order of Protection

As the name implies, an emergency order of protection can provide immediate relief for a person who has been the victim of domestic violence or is afraid of becoming a victim. An emergency order of protection can be granted based solely on the sworn testimony of the victim if the court is convinced that the person is truly in danger or suffering emotional distress. The alleged abuser does not need to be notified in advance, nor is he or she required to appear. An emergency order can last for up to 21 days, enough time for a hearing to be scheduled regarding a more permanent solution.

Continue Reading ››