Recent Blog Posts

 Posted on February 12, 2016 in Child Custody

When parents cannot reach an amicable agreement regarding the allocation of parental responsibilities, a judge is required to make a decision based upon the best interests of a child. Among many considerations, the judge will have to decide which home is the best place for the child to live most of the time. Does the school district you live in influence that decision?

Education is One Factor

There are many different factors that go into making a decision that is in the best interest of the child. The type of education a child will receive is an important concern, but it is only one factor among many. Other factors Illinois judges look at when deciding what is in a child’s best interest include but are certainly not limited to:

• What provides the child the most stability;
• Mental and physical health of all involved;
• The child’s needs; and

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 Posted on February 05, 2016 in Uncontested Divorce

Divorce does not have to be bitter and expensive. Many times a couple has the basic agreement worked out before the divorce is even filed. Under Illinois law, it is possible to fairly easily complete an uncontested divorce.

Advantages of Agreement

An uncontested divorce means that the two spouses have no remaining issues to put to rest. They may even file jointly for a divorce and ask the court to approve the agreement they have already worked out in negotiations.

The main advantages of an uncontested divorce are that the two sides save themselves time, frustration, and money by agreeing to everything early in the process. While both sides should have the help of a lawyer in drafting and reviewing any agreement, the fees will tend be much lower than in cases where there are multiple hearings and piles of court documents drafted.

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 Posted on February 03, 2016 in Property Division

Workers’ compensation benefits are paid to employees who get hurt on the job. These benefits are for the benefit of both the worker and his or her family. But, what happens to workers’ compensation benefits during a divorce?

Are Benefits a Marital Asset?

Workers’ compensation benefits are considered an asset under Illinois family law. If the benefits are from an accident that occurred after the couple was married, the benefits are similar to any other income and are likely to be considered a marital asset. Even if the divorce was already filed, but not yet finalized, when benefits are awarded, they will most likely be considered a marital asset.

Workers’ compensation benefits can either be paid as a series of installments or as a single lump-sum, depending on the circumstances of the case. Judges in a divorce will divide the marital assets equitably, including the proceeds from any workers’ compensation claim. This does not mean both sides get half. Instead, the judge decides what would be fair considering several different factors.

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 Posted on January 29, 2016 in Child Support

Most responsible parents understand the importance of continuing to provide financial support for their child or children after the marriage or relationship between the adults breaks down. Of course, court-issued orders for child support are based on more than the parents’ interpretation of what may or may not be sufficient for their child’s needs. That is why law provides a fairly straightforward to be applied in the calculation of child support awards for most situations.

Basic Calculations

According to the Illinois Marriage and Dissolution of Marriage Act, in every proceeding for child support, the court must first utilize a statutory formula to establish the minimum recommended amount to be paid. The formula is based on the net income of the supporting parent and the number of children to be support, with the amount of support to equal:

• 20 percent of the supporting parent’s net income for one child;

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 Posted on January 27, 2016 in Prenuptial & Postnuptial Agreements

As more and more couples wait longer to enter into marriage for the first time, along with the rising prevalence of remarriage, individuals have more time than ever to accumulate wealth and property on their own. Extensive personal assets, of course, can make a subsequent divorce much more complicated, as it may difficult to differentiate between marital and non-marital property. For just reason, those who have started a business or obtained ownership of a company prior to marriage are encouraged to consider a prenuptial agreement to protect their interests.

Marital vs. Non-Marital Property

While the law in Illinois already provides that property or assets acquired prior to a marriage are not considered marital property, complications can still arise. For example, if your spouse owned a company before you got married, the company itself may not be part of the marital estate, but income generated by your spouse’s efforts after the marriage are usually considered to be marital. Similarly, any marital property invested into the company during your marriage may need to be reimbursed to the estate in the event of divorce, even as the company ownership remains non-marital.

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 Posted on January 22, 2016 in Divorce

When you and your spouse have reached that point at which divorce has become more than a nebulous possibility, you need to begin thinking seriously about the future. Of course, making preparations for your post-divorce life are important, such as finding a new place to live and re-evaluating your household budget based on your own income. The process itself will also require a great deal of consideration and there are some things you can to reduce stress and eliminate uncertainty.

Commit to Cooperate

There is no law that requires your divorce to be chaotic and contentious. In fact, there are several statutory provisions that expressly encourage amicable negotiations and settlements. This will require you and your spouse to dedicate yourselves to a spirit of cooperation from the very beginning. Doing so can allow informal discussions to begin immediately, which can later evolve into a legally-binding formal agreement. As you might expect, the initial commitment is merely the first step, and you may need to remind yourself along the way why working together is preferable to other alternatives.

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 Posted on January 15, 2016 in Divorce

The first court document filed in a divorce is a petition for the dissolution of marriage. Once you have been served the petition you typically only have 30 days to file a response. The way you respond to the petition will affect the rest of the divorce process.

Timing of the Response

The usual deadline for a response to the petition is 30 days, but sometimes more time may be required. Lawyers often ask for extensions to the deadline to both avoid a default judgment and to make sure that there is adequate time to properly prepare the response. However, the deadline to file will not be extended too long because nothing in the divorce case can continue until the response is filed.

Response Basics

The basic purpose of the response is to answer the allegations made in the petition. The initial filing contains certain facts about the marriage, including the length of the marriage, the residency of the spouses, and that the marriage was a lawful marriage. It may also contain other allegations about the fitness of one spouse to be a parent, the length of separation, and many other facts and claims.

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 Posted on January 13, 2016 in Divorce

Back in late summer, headlines across the country were ablaze with stories about the hack and dump of the personal information of millions of subscribers to the website Ashley Madison. The site, which promotes itself the top source for finding an adulterous relationship, is well-known for its infamous motto “Life is short. Have an affair.” In the months that followed, divorce attorneys around the country dealt with the fallout, as many relationships were unable to withstand the implications of infidelity.

Blackmail Attempts

In December, reports began to surface that some of the site’s subscribers were receiving letters and emails threatening to expose them. While security experts do not believe the letters were sent by the same group that originally hacked Ashley Madison, the demands for money in exchange for silence were definitely disturbing. Such blackmail threats are even thought to have contributed to the suicide deaths of at least two users in Canada.

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 Posted on January 08, 2016 in Spousal Support

With relatively significant changes regarding divorce and child custody going into effect this month, some of the smaller updates to the law may be going somewhat unnoticed. While some, such as new requirements for courts to enter the judgment within 60 days of the close of proofs, will have more of a procedural impact than substantive, others, such as those regarding spousal maintenance, can have an effect not only on the immediate order but on the potential for modification in the future.

Spousal Maintenance

In the state of Illinois, there is no presumed right to spousal maintenance in a divorce. Of course, a couple may negotiate a conscionable agreement regarding spousal support, and in such cases, the court will enter the agreement as an enforceable order. Absent an agreement, however, the court must examine the circumstances of the marriage and divorce in deciding whether or not such an award is appropriate. The court must take into account, among other factors:

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 Posted on December 30, 2015 in Divorce

Any time researchers try to find trends in the divorce rate, there is always a certain “which comes first” debate that takes place. For example, when looking at professions or occupations that are more prone to divorce, the question must be asked, “Does this profession increase the likelihood of divorce or is the type of person more prone to divorce, for whatever reason, more inclined to work in this field?” Whatever the case may be, there is little question that divorce is more common among those who work in particular industries or jobs, and many such occupations have very similar stresses and pressures.

Police, Firefighters, and Military Personnel

While it is difficult to imagine modern life without individuals who have committed themselves to public safety and national defense, these jobs are not without their downsides. Police officers and fire fighters often work long shifts, with a great deal of stress added to the equation. Servicemen and women spend months at a time away from their spouses and families, frequently leading to communication issues and deteriorating relationships

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