Posted on July 21, 2017 in Division of Assets

In many divorce cases, determining how property will be divided is among the most challenging aspects. It can be extremely difficult to decide if who will get what, especially if neither spouse brought substantial property to marriage in the first place. If you are considering a divorce, it is important to know what the law says about dividing your marital property.

Step One: What Is Divisible?

The first step in allocating property in a divorce is to determine what assets or debts are considered part of the marital estate. With very limited exceptions for inheritances and gifts to one spouse, almost any property acquired by either spouse during the marriage is considered marital property and is subject to division. Property that each spouse owned prior to the marriage will generally not be divisible and will remain with the spouse who owned it previously. As with any rule, there are exceptions, but for the most part, if you obtained an asset or debt while you were married, it is part of the marital estate.

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 Posted on July 19, 2017 in Spousal Maintenance

In some marriages, one spouse may earn significantly more of income than the other. If this happens, a divorce may leave the lower earning spouse at a disadvantage in terms of being able to make ends meet. In extreme cases, he or she may not be able to even afford a divorce attorney. The state of Illinois generally may provide remedies for situations such as this and may require that the higher earning spouse continue to support his or her counterpart, even in the midst of a divorce.

Why Is This Allowed?

One might wonder why a court can essentially order a higher earning spouse to support the party who makes less money during a divorce. The answer lies in what is referred to as public policy. If a spouse cannot even afford a lawyer to help navigate the divorce process, he or she risks being taken advantage of by the spouse with more financial resources. This, in general, would not promote the common good and, therefore, is frowned upon by Illinois courts.

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 Posted on July 13, 2017 in Family Law

Under Illinois law, a child has the right to support from both parents. Sometimes, however, one or both parents effectively choose to abandon their child. When this happens, measures must be taken to ensure the child’s safety and well-being. If the other parent has spouse has abandoned or shown a pattern of disinterest in your child, you may be able to pursue full custodial rights.

Abandonment Need Not Be Malicious

It is important to understand that even with the best of parental intentions, a child may be ruled to have been abandoned if they are left for more than a 24 hour period without the supervision of someone at least 14 years of age. The underlying reason might be in good faith—a parent having to work, for example, and being unable to find alternative child care - but the statute still may criminalize the behavior if enough evidence exists to do so. Regardless of the justification, a potential for harm to the child has been created and may necessitate action

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 Posted on July 10, 2017 in Family Law

In the wake of recent political upheavals, it is becoming common to encounter instances when family law questions and concerns acquire an immigration element. Many U.S. citizens hold dual citizenship, or are married to foreign nationals. Their children may also be dual citizens. Given that many issues seem to be unsettled, in terms of the new administration’s policies, it is important to be able to react to ensure your family is protected.

Immigrant Status and Family Law

In theory, immigration law is meant to promote the idea of family unity, but in practice, U.S. immigration law can often separate families of different citizenship. Federal immigration law controls where it exists, but there are many loopholes most often filled by imperfect or inexact state laws that are applied unevenly. For example, a battered spouse may apply under immigration laws to obtain a U visa or status under the Violence Against Women Act (VAWA), but it is state family courts and family law that govern domestic violence cases.

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 Posted on July 06, 2017 in Divorce

With the number of attorneys currently in practice in the United States, it is important for a potential client to know how to weed out those who will fight for them from those who simply want to look busy. It can be very helpful to come into an attorney’s office with a list of questions to ask and to know which answers you want to hear. A divorce is one of the most stressful events most you will ever experience, and ensuring you have a quality attorney on your side can make an enormous difference.

#1. What is your experience level? While many think family law is a safe or easy discipline, it is in fact extraordinarily complex. In Illinois, it is arguably more so, as many applicable laws do not necessarily align with those of other states. It can be a game-changer for the worse if your attorney does not have significant family law experience, as regulations frequently change and the stakes in such cases tend to be very high.

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 Posted on June 30, 2017 in Divorce

Divorce is hard enough. When you are seeking a divorce as a way to escape a domestic abuser, it can be even worse. Domestic violence causes harm to countless Illinois families each year, but without the right information, it can be extremely difficult to get out of a bad situation.

Ensuring Physical Safety

In Illinois, it is possible to file for relief either under the Domestic Violence Act (DVA) or under both the DVA and the Illinois Marriage and Dissolution of Marriage Act (IMDMA) in conjunction. Your abuser must either be related to you by blood or a current or former spouse or romantic partner. If you choose to bring your action under the IMDMA, the standard of evidence will be higher; under the DVA, a person must simply show that they have been subjected to harassment and abuse and that the harassment will continue if their spouse is not prevented by a judgment from doing so.

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 Posted on June 29, 2017 in Child Support

Under Illinois law, every child has the right to support from his or her parents, regardless of marital situation or whether or not they were born in wedlock. If this support is not paid, the state takes it extremely seriously, because it is a public policy concern to ensure that children within the state are well cared for. The Illinois Non-Support Punishment Act (INSPA) was established to set a procedure in place to punish those parents who fail to comply with that obligation. If you are cited for failure to pay child support, you may face wage garnishment and even criminal charges if the backlog and the failure to pay are egregious enough.

The Offense of Failure to Support

The INSPA was passed in 1999, taking effect in October of that year. It establishes the offense of failure to support, which is a misdemeanor if a first offense, and a class 4 felony if a second or higher, or if the amount owed is significant. The law works both within the state and federal framework, coordinating with the federal Child Support Enforcement Program and those of neighboring states if need be.

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 Posted on June 23, 2017 in Child Custody

For most parents, losing their children is one of their worst nightmares. If it happens as a result of the actions of your former spouse, it can arguably be worse. Most people think of kidnapping or abduction as a drawn-out, premeditated plan that can span international borders, but in Illinois, the definition is much simpler.

Intent Matters

Illinois law defines child abduction as intentionally or knowingly perpetrating a number of acts designed to hide or keep a child from the other parent with a legal right to parenting time. Some of these include:

• Violating a court-approved parenting plan;
• Refusing to return the child at the conclusion of an established parenting time period;
• Concealing or otherwise obfuscating the child’s whereabouts; or
• Using the threat of physical force to keep the child and the other parent apart.

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 Posted on June 21, 2017 in Family Law

Adopting a child is a process that will necessarily be slow, so as to ensure that potential parents are fit to have such a responsibility. However, when the adoption is necessary due to a parent’s remarriage, the process can go noticeably faster, assuming the pattern of required events actually occurs. Stepparent adoption is fairly common in Illinois.

The Procedure

While most adoptions can take quite some time, a “related child” adoption can be quite easy if the child’s other parent consents—a stepchild counts as a related child under the Illinois Adoption Act. The other parent’s consent can be recorded on the relevant form, and your petition will almost always be approved as long as you have completed the other adoption requirements, such as hiring a guardian ad litem and proving you are under no legal disability that would impede your ability to parent. No criminal background check is required for stepparents and certain other relations who seek to adopt, though in a non-related adoption this might conceivably be what holds up the process the most.

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 Posted on June 16, 2017 in Divorce

Divorce decrees are not set in stone. It would not be logical or rational for them to be that way, given that lives extend far beyond marriages in many cases. However, not every aspect of a judgment of divorce may be altered (for example, property division may only be challenged if allegations of fraud exist), and those that can be modified require proof that life has changed as well. If you have experienced a change in your life, you may be able to modify some of your divorce-related obligations.

Modifying a Support Order

A person, especially if they are a parent, may not simply ask for a change in obligations like spousal or child support. Illinois law holds that a substantial change in circumstances must be shown before a motion to modify a divorce decree will be considered. In other words, it must be shown to the court that you are no longer able to comply with the original terms of the judgment. While courts wish to enforce their orders, it is not ethical or reasonable for them to demand someone put themselves in an untenable position.

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