Recent Blog Posts

 Posted on December 23, 2015 in Post-Judgment Modification & Enforcement

As 2015 draws to a close, now is a good time to take a fresh look at the orders in place related to your divorce. Most commonly, these include arrangements for child custody or parental responsibilities, child support, and spousal maintenance. Life moves very quickly, and it is important to be sure that your court-ordered rights and responsibilities continue to appropriately match your situation.

Order Modifications

With very few exceptions, any family law order entered by the court is subject review and modification should such changes be warranted. The laws governing order modification typically require the person seeking a modification to demonstrate the need for reconsideration due to a significant change in circumstances. This type of change may include a dramatic increase or decrease in income, a remarriage, death of a family member, and any other event that could directly impact the appropriateness of an existing order.

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 Posted on December 18, 2015 in Child Custody

For many years in Illinois, the parental right to reasonable visitation has been fiercely protected by law. While a court could restrict or limit visitation to protect the child, it would take an extremely serious set of circumstances to completely terminate such rights of a parent. Thanks to a measure passed in Illinois this past year, parents will no longer be considered to have so-called "visitation" with their children. Instead the term to be used will be "parenting time," more accurately representing the inherent responsibilities.

Changes in Child Custody Laws

The shift from visitation to parenting time is part of an overall larger transformation of the state’s child custody provisions. Concepts of sole and joint custody are being eliminated in favor of a much more cooperative idea of allocated parenting responsibilities. Child custody, as it currently exists, was often a major point of contention for divorcing, separated, or unmarried parents, as many seemed fixated on "winning" or "losing" a custody battle. By focusing on actual parenting responsibilities rather than titles or statuses like custodial and non-custodial parent, the well-being of the child is more likely to remain the top priority.

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 Posted on December 11, 2015 in Property Division

There is no question that we Americans love our pets. According to the ASPCA, as many as 80 million dogs and 96 million cats are owned throughout the country, with many households owning more than one. With so many pet-owners, it is inevitable that many dogs and cats will be caught in the middle of a divorce situation, leaving spouses to wonder what will happen to their furry friends.

Illinois Law Regarding Pets

While the Illinois Marriage and Dissolution of Marriage Acts contains specific provisions for the division of marital property and the care of a couple’s children, the law makes no reference at all to companion animals. While dogs and cats may be treated as full-fledged members of the family, the law officially considers them property, with no more rights than an end table or a piece of artwork. This means that, when left to the court to decide, the court must allocate responsibility for the pet based upon a calculated monetary value and the rest of the marital estate.

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 Posted on December 09, 2015 in Divorce

You probably know at least one person, if not many people, who emerged from a divorce and jumped almost directly into a new romantic relationship, often before the ink even dried on their paperwork. Depending on the situation of your marriage and divorce, you may find the idea of new romantic partner extremely appealing. However, you may want to take a step back and consider if you are truly ready for a new commitment so soon.

Divorce and Grief

Mental health experts regularly suggest that the psychological and emotional effects of a divorce are very similar to those associated with the death of loved one. As with death, grieving the end of your marriage is a process and not an event that is over after a specified amount of time. Every person grieves differently, and there is not right or wrong way to move through it. This means that while some people may be ready to date again right way, others may not be emotionally prepared for months or even years.

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 Posted on December 02, 2015 in Spousal Support

A common question among those preparing for divorce involves the possibility of spousal maintenance. Previously known as alimony, spousal maintenance is intended to help alleviate the financial impact of a divorce to one spouse or the other. It is important to understand, however, that there is no presumed right to receive spousal support after a divorce. Instead, except for a valid agreement between the spouses, it is up to the court to determine if support is appropriate.

Statutory Considerations

To say that spousal maintenance is only appropriate for an economically disadvantaged spouse is an oversimplification. In reality, there are a number of factors the court must take into account when deciding whether or not to order an award, including, but not limited to:

• The age, health, and earning capacity of each spouse;
• Each spouse’s contribution to the marriage and the earning capacity of the other spouse;

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 Posted on November 30, 2015 in Divorce

One of the parts of the divorce process that many people find the most distasteful is the discovery process. However, if you and your lawyer fail to do thorough job of discovery it can harm your current case and even affect your options for years to come.

What is Discovery?

Discovery is the process of finding out about the other side's case. In a divorce case this usually mostly involves understanding the finances. The basic tools of discovery include:

• Depositions- This is when you testify under oath to the questions asked of you by the other side’s lawyer before a formal hearing or trial.
• Document Requests- These are written requests for all relevant papers and records to the divorce. They will include things like account statements, bank balances, and lists of all assets.
• Interrogatories- These are written questions that are answered under oath. They may sometimes be used instead of a deposition or prior to a deposition.

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 Posted on November 27, 2015 in Child Custody

As you may be already aware, beginning in 2016, the excessive use and abuse of drugs and alcohol will no longer be separately recognized as grounds for divorce. The dissolution process itself must be based on irreconcilable differences, essentially making every divorce officially a no-fault situation. However, even without making drug abuse the basis for the divorce, a large number of couples, and parents, in particular, are affected by the destructive, chemical-related behavior of one party. It is important to understand that drug abuse can and will continue to impact, arrangements regarding parental responsibilities and parenting time.

Allocation of Parental Responsibilities

Following a divorce or the break-up of unmarried parents, you and the other parent will be expected to reach a workable agreement regarding the parental responsibilities for your child. Before it will be approved, however, the court must examine the terms of the agreement and determine that they are reflective of the child’s overall best interests. If the agreement is not approved, or if you and the other parent cannot develop one together, the court will decide how parental responsibilities will be decided. In doing so, the court must take into account the various factors at work in the relationship and establish an arrangement that will meet the child’s needs.

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 Posted on November 25, 2015 in Divorce

While marriage and divorce are very personal decisions, social trends regarding the two are often tied to a large number of other factors. While an individual couple may be taking into account their own circumstances, the economic strength of the country as a whole may play a fairly significant role as well. In fact, according to recent studies, since the 2008 recession in the United States, the overall divorce rate has dropped by about 3 percent.

Marriage Rates Slightly Up Too

Reports from the Centers for Disease Control and Prevention (CDC) indicate that the divorce rate fell again slightly in 2014 from 3.3 divorces per 1,000 total population in 2013 to 3.2 per 1,000. While the divorce rate spiked slightly between 2009 and 2011, it has since been steadily falling from its 2008 rate of 3.5 per 1,000 people.

For the first time in 15 years, however, 2014 saw a rise in the marriage rate as well, bumping up from 2013’s 6.8 marriages per 1,000 people to 6.9. The increase, while not particularly large, represents a reversing of a long-term downward trend.

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 Posted on November 18, 2015 in Child Custody

With Thanksgiving about a week away, and the winter holidays just around the corner, it is time to begin making plans. In most families, such plans may include which family member is bringing what dessert, and who is hosting dinner this year. For divorced or unmarried parents subject to a custody or parenting time agreement, however, the preparation process often includes some additional elements. If your child splits his or her time between your home and that of the other parent, the holiday season probably requires a level of cooperation, but with reasonable communication, the experience can be positive for all involved.

Check Your Agreement

Your parenting agreement may already include provisions regarding the holidays. Parenting time orders are often customized based on the traditions and priorities of each family, and there are variety of ways to make such a schedule. For example, your order may indicate that this year, your child spends Thanksgiving with you and Christmas with the other parent, and then next year, the opposite occurs. Alternatively, it may specify that your child spends the morning with you on designated holidays and the afternoon with other parent. If a particular holiday is not traditionally observed by one parent or the other, the agreement may permit the child to stay with parent who does celebrate it for the entire day.

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 Posted on November 13, 2015 in Divorce

Have you ever consulted with an accountant, analyst, or financial planner? For many people, working with a financial professional is something that only the wealthy need to worry about. Of course, there are those who would suggest that it is through working with financial advisors that many are able to become wealthy, but that is a topic for another day. Regardless of your income or tax bracket, however, divorce can be one of the most economically complex processes that you will ever be forced to navigate, and to get through it, the help of a financial professional may prove to be absolutely necessary.

Division of Assets

Allocating marital property is among the most challenging concerns for a large number of divorcing couples. It can be nearly impossible to determine what is fair and equitable if both spouses do not have a clear of understanding of the value of each part of the estate. A real estate appraiser, for example, can provide an accurate valuation of your home, while a retirement professional can help you analyze the current and expected value of pensions, 401(k) plans, and other investments. These considerations must be made before you and your spouse can split your assets, and doing so can allow you both to feel that you have been treated fairly.

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