Posted on November 15, 2017 in Divorce

If you are a parent who is considering a divorce, you probably have a thousand worries and questions. How will the divorce affect my children? Will the kids think the divorce is their fault? How can I explain to my children that their parents are no longer going to be married? While there is no one perfect way to tell your children that their parents are splitting up, experts do have some guidelines that can help make the process of telling your children about the divorce go as painlessly as possible.

Vikki Stark, psychologist and author, has interviewed over 100 children and adults about what it was like hearing that their parents were getting divorced. Through these conversations, Stark learned how parents can best break the news to their children in an age-appropriate and compassionate way. She suggests that you do your best to:

• Keep your emotions in check: Understandably, telling your children that you are going to divorce is an emotional conversation. It is reasonable that you will feel nervous, sad, and overwhelmed. However, children often mimic behavior of adults—especially their parents. So, if you are calm and collected when sharing the news, it will help your children also feel calm and comforted;

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 Posted on November 09, 2017 in Child Custody

After a divorce, it is not unusual for the spouses to seek new beginnings. They may find new partners, look for new jobs, or move to a new town. Divorced parents, however, are not usually free to move their children with no strings attached. There are several circumstances in which a court may intervene - most importantly, if the parent with primary residential responsibilities wishes to move a significant distance or out of state.

The Rights to Parenting Time

The most common situations in which a child need to relocate are (1) when his or her parent remarries; and (2) when the parent or the parent’s new spouse receives a job offer in a different city or state. A parental move, however, can affect the parenting time rights of the other parents, which may be inequitable and unjust.

Under Illinois law, a parent has the right to parenting time with his or her child unless a court decides that spending time with that parent would pose a danger to the child’s “physical, mental, moral or emotional” health. The parent’s right will be upheld in all but the most extreme circumstances. It has been upheld even for parents who have been, for example, incarcerated or institutionalized in a mental health facility. Thus, the other parent’s rights must be taken into account when faced with a potential move that would drastically lessen his or her parenting time.

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 Posted on November 08, 2017 in College Expenses

In most cases, a parent’s child support obligations end when the child turns 18 years of age. However, there are some occasions where a parent may be required to contribute to their child’s expenses and upkeep even after the child reaches majority. The most common occasion is when college comes into question, but others exist.

What Should Be Covered?

The Illinois Marriage and Dissolution of Marriage Act discusses the situations in which non-minor child support may be awarded by the court during a divorce proceeding or at a later date. The court may order support for an adult child who is mentally or physically disabled and will require an elevated level of care for the foreseeable future or for the educational expenses for a minor or non-minor child. While the care of a disabled child is a fairly straightforward endeavor, the question of what constitutes “educational expenses” and who should pay them can get quite complex.

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 Posted on November 02, 2017 in Domestic Violence

Accusations of domestic violence are all too common in family law cases. While there is little question that domestic abuse is a real problem for thousands of Illinois families, sometimes, such allegations are little more than a ploy to gain an advantage in a divorce or parental responsibilities (child custody) proceedings. If you have been accused of domestic violence, you need to understand what steps you can take to protect yourself and your legal rights.

Protective Orders and Temporary Restraining Orders

Victims of domestic violence in Illinois can apply for an order of protection—sometimes called a temporary restraining order—without any notice in advance to the alleged abuser. A judge will issue the order if the victim’s application meets all of the legal requirements and the victim’s testimony indicates that the alleged abuser presents an immediate danger. In cases of actual abuse, quick action is often necessary and appropriate, but when the allegations are exaggerated or completely false, it puts the subject of the order at a serious disadvantage.

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 Posted on October 30, 2017 in Family Law

It has been nearly two years since sweeping reforms to Illinois’ family law statutes were enacted. The new laws amended several processes associated with divorce and child-related legal proceedings, including the elimination of fault-based divorce and the removal of mandatory separation periods prior to divorce. Perhaps the most noticeable changes, however, were in the terminology used to describe certain elements of family law. It is important to familiarize yourself with the new language if you are considering filing for divorce.

Changes to Child Custody Matters

In terms of terminology, the most important change in this arena is the removal of the term “child custody” from the law. Instead, judges and attorneys now speak of “allocation of parenting time and responsibility.” This may seem like a small change, but it was intended to make the entire divorce process far less confrontational. Many Illinois lawmakers have made the valid point that a more civil divorce process benefits both the spouses and the children of a marriage, and terminology changes like this are meant to cast parenting as a joint endeavor rather than a battle to be “won” or “lost.”

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 Posted on October 24, 2017 in Divorce

Navigating the divorce process can be an emotionally taxing experience for anyone. Depending on the circumstances, however, ending a marriage can be especially tough when one spouse refuses to cooperate or communicate. This is often the case when the relationship between the spouses has broken down due to distrust or outright cruelty or when communication has been a problem throughout the relationship.

Common Communication Problems in Divorce

According to mental health professionals, many individuals exhibit certain behaviors that can create serious communication problems with their spouse. Such behavior can sabotage even the most mundane conversations, leading to a more difficult divorce for both spouses.

Relationship experts indicate that better results are possible and they can be achieved if both spouses exercise a little patience and focus on a few simple tips:

• Be polite: Being rude is never a good idea. Impoliteness can become an even bigger problem during a divorce when the target is your soon-to-be ex-spouse. Tension is usually high in the midst of a divorce, and the added insult of being rude can lead to anger, bitterness, and resentment. A hurt spouse is less likely to remain cooperative throughout the process.

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 Posted on October 19, 2017 in Divorce

It is a fairly common belief among divorcing couples that one must have “grounds,” or a specific reason, for a divorce. Historically, requiring grounds for divorce often served a purpose, in that any future spouse could look up records and see if the person they had chosen was to blame for the failure of his or her previous marriage. Nowadays, that idea is less in vogue due to the lessened stigma surrounding divorce. While there are states that still allow divorce on fault grounds, Illinois is no longer among them.

Fault Grounds

Up until a couple years ago, there were nine different grounds upon which a person could file for divorce—one of which was irreconcilable differences. The other eight all involved some alleged degree of fault. In other words, if a person’s spouse was guilty of any of the eight things listed as valid fault grounds, that person was permitted bring suit unilaterally to begin divorce proceedings. The grounds previously recognized in Illinois law were:

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 Posted on October 13, 2017 in Child Custody

Sometimes, when child custody arrangements or plans to move do not go the way a parent would like them to, that parent may resort to extreme measures. In Illinois, parental abduction of a child (PAC) is a crime, but only under certain circumstances. Also, it helps to know what the ramifications might be on a parental responsibilities order if one parent commits such an act.

The Crime in Illinois

Many states, including Illinois, have criminalized the taking away of a child from the parent with primary custodial responsibilities by the other parent. However, in Illinois, there are strict guidelines about what constitutes an abduction and what does not.

Firstly, abduction and kidnapping do differ. The latter involves force or threats of force, while the former is accomplished usually with the subject’s consent—in this case, the child’s. The consequences differ between the two acts. Secondly, the father’s paternity is consideration, where in other states the question is irrelevant. Illinois law states that a parent may charge the other with child abduction if the charging parents has a court order granting him or her custodial rights. However, if he or she does not have an order, there are other ways a parent can be held accountable.

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 Posted on October 10, 2017 in Division of Assets

One of the most complex and time-consuming parts of any divorce proceeding is the division of marital property. It can get even worse when marital and non-marital property are considered to be mixed. In order to reach a fair and equitable distribution of assets, a court must determine whether property has been commingled or not, and if so, to what extent.

Commingling Assets in Illinois

Commingling is defined as the act of mixing funds belonging to one person with funds belonging to another, especially when there is a responsibility to keep them separate. Sometimes, commingling funds is actually illegal or unethical, though spouses commingling marital and non-marital property is not. Marital property is any property acquired by either spouse during the marriage, while non-marital property is anything owned before the marriage by either spouse, or a gift or inheritance received by one spouse at any time (before or during the marriage). When the two meet, the status of the resulting property depends on which is the prime mover, so to speak.

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 Posted on October 09, 2017 in Divorce

We always hear about the divorce cases that take months and years to settle. However, for every celebrated knock-down, drag-out fight in divorce court, there are countless couples that handle things quickly and quietly. If you and your spouse have no issues to hash out, there is a way to obtain a divorce with minimal fuss. However, ensuring you have everything you need can still be a complex task.

Uncontested Divorce in Illinois

Illinois has provisions for both contested and uncontested divorce. The latter simply means that you and your spouse do not have outstanding disagreements about any major issues in your divorce (maintenance, parental responsibilities, division of property, etc.). If you disagree on even one of these points, your divorce becomes “contested,” because a court proceeding is necessary to hammer out an agreement. A court appearance is necessary in an uncontested divorce as well, but it is merely a formality before a Judgment of Divorce can be entered.

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