Recent Blog Posts

 Posted on September 29, 2015 in Prenuptial & Postnuptial Agreements

As the age at which Americans enter their first marriages continues to rise, each partner is likely to bring more personal history and property to the marriage than those of previous generations. Individuals spend more time as single adults than ever before, often starting careers, buying homes, and investing in various business interests. For many entering marriage for the first time, a prenuptial agreement may be appropriate to help establish what belongs to whom in the event the marriage does not succeed. For those entering a subsequent marriage, however, a prenuptial agreement may be virtually necessary to account for even more complex personal situations.

Second and Third Marriages

If you are considering remarriage, one of two things have already happened: you have been widowed by the death of a spouse or you have been through the process of divorce. Therefore, you probably have a pretty good understanding of many of the complexities that can present themselves. A prenuptial agreement, as you probably realize, can help remove a great deal of uncertainty through cooperation while the spirit of togetherness is alive and well between you and your soon-to-be spouse. Drafting a prenuptial agreement is not betting against your marriage any more than a life insurance policy equals betting against your life. At some point, your marriage will end, either by divorce or death, and a prenuptial can address both realities.

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 Posted on August 28, 2015 in Child Support

The battle for child support does not always end in the courtroom. In some cases, after child support is determined by the court, the non-custodial parent refuses to pay the expected amount. This defiance of a court agreement can cause the custodial parent financial strain and emotional trauma as he or she attempts to recover the required support payments.

Wage Garnishment an Important Tool

Though the Illinois Public Aid Code authorizes the state to post the photographs and names of those parents who owe more than $5,000 in support payments, and though a list of the most egregious offenders is kept up by the Illinois Child Support Services, much of the monies for support payments are still not collected. Therefore, a solution must be found, such as direct wage garnishment. While this tool is especially effective, family law attorneys need to be aware of the new stipulations enacted by the Illinois Supreme Court regarding procedures for notices of garnishment.

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 Posted on August 25, 2015 in Divorce

If you took your husband’s last name when you got married, you will be faced with a potentially difficult decision upon your divorce. Of course, the divorce process includes many challenging decisions, but you may find deciding what to do about your name to be among the most conflicted. From an official, legal perspective, changing your name back is easy, but the impact of your changing your name can affect you on a much deeper, emotional level.

While there are examples of divorce decrees requiring a woman to change her name after divorce, for the most part, nobody can force you into a decision. It is a very personal consideration impacted by a wide range of factors, and the right answer is whichever choice satisfies you. In making the decision about changing your name, think about some of the concerns that countless other women have considered:

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 Posted on August 11, 2015 in Child Custody

Child custody and visitation plans can be some of the most challenging and potentially contentious aspects of a dissolution of marriage proceeding. Additionally, the composition of the modern, blended family can present additional challenges when there are stepparents involved in or impacted by custody agreements.

Visitation and Custody Agreements in Illinois for Natural Parents

In Illinois divorce cases involving children, it is typical that one parent is designated as the primary or residential parent of the child(ren). This is to ensure continuity for administration of a legal mailing address and school district qualifications.

The residential or custodial parent is most often the parent with whom the children spend the majority of their time. It is important for parents to understand that joint custody agreements do not automatically equate to an even split of the parenting time between both parents. The non-custodial parent will receive, unless there is a reason to deny the request, visitation rights to foster their relationship with the child(ren) and provide him or her with parenting time.

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 Posted on July 28, 2015 in Uncontested Divorce

When you got married, you probably never anticipated that the day would come when divorce was not only a possibility, but the right decision. You and your spouse, over the years, may have grown apart and realized that it was not in either of your best interests to remain in an unhappy marriage. Even as you end your marriage, however, it is entirely reasonable for you both to want the best for the other person. Just because you will no longer be married does not mean you must hate each other or that you need to "win" the divorce. If you find yourself in such a situation, an uncontested divorce may provide the closure you need for your marriage without the stress and hassle of courtroom litigation.

Irreconcilable Differences

Virtually all uncontested divorces are granted on the grounds of irreconcilable differences. Currently under Illinois law, divorce is a possibility on fault grounds including infidelity, abandonment, and others, but fault grounds are much less likely to result in an amicable divorce. (Fault grounds are also being eliminated from the state’s divorce laws beginning in 2016, but that will be addressed in a future post.) Thus, an uncontested divorce assumes no fault for the breakdown of the marriage and instead focuses on creating an equitable post-divorce situation for both spouses and their children.

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 Posted on July 09, 2015 in Child Custody

When a couple with children divorces, developing a custody arrangement for the children is generally a part of their divorce process. The court does its best to ensure that following a divorce, the children have regular contact with both parents and can develop nurturing relationships with each of them. Before a couple's divorce is complete, however, their children may be in a precarious position. One parent might move out of the family home or be facing an order of protection from the other.

In any case, the children need to have a legal order in place to ensure that they have a stable home and schedule while their parents work through their divorce. This is where a temporary custody order can help.Our Illinois child custody attorney can explain more and help you with complex child custody matters, as well as every other part ofy our divorce.

What is a Temporary Child Custody Order? 

This type of custody order, as its name implies, is meant as an interim measure to serve the needs of the children. Once the couple determines a permanent custody arrangement and their divorce is finalized, the temporary order is replaced with a long-term custody plan.

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 Posted on June 25, 2015 in Child Support

If you are currently working through a divorce or plan to file for divorce in the near future, do not rush into a new relationship. Being in a new relationship while your divorce is still being finalized can have a negative impact on your settlement and resulting arrangements, such as your child support and custody agreements. It is important that you understand how dating somebody new can affect your divorce and, if you do opt to begin seeing somebody before the process is complete, that you take it slowly and do not do anything to jeopardize your divorce agreement.

Child Custody

If a new partner moves into your home or you frequently have sexual or romantic partners coming in and out of your house, this can negatively affect your child custody agreement. The court may find that exposure to your new partner is not in your child's best interest, especially if your new partner's relationship with your child is poor, your partner uses drugs, or has a criminal record.

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 Posted on May 05, 2015 in Child Custody

Filing for divorce can be a painful and difficult process. This is especially true when a divorcing couple has children and cannot agree on a child custody arrangement.

If you are considering divorce, it is important to learn as much about the process as possible. This will help you prepare for the proceedings and know what to expect. Child custody laws are complex, and each case is different. This is why parents who have questions about child custody should consult an experienced family attorney.

Parents with a criminal record often want to know if they can win custody or visitation rights. As with most divorce matters, the answer to this question depends on the specific facts of the case.

It is possible for a parent with a criminal record to win custody or visitation rights. However, a history of violent behavior may affect the custody ruling. The judge will consider any physical violence, threat, and occurrence of ongoing or repeated incidents of domestic violence when awarding custody.

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 Posted on April 28, 2015 in Spousal Support

On Jan. 1, 2015, Illinois legislators passed new laws that govern the duration and amount of alimony payments. Many of the regulations apply to divorcing couples with a gross income of $250,000.

According to the revised law, “maintenance” is the new term for “alimony” in Illinois, but they both refer to spousal support. A judge determines whether to award maintenance based on 12 statutory factors.

Before January 2015, the calculation and duration were at the sole discretion of the judge. This led to noticeable variations from county to county, and from judge to judge. The legislation aimed to create uniformity in spousal support awards. The laws put the following formulas and guidelines into effect:

Formula for Calculating Alimony

Thirty percent of the payer’s gross income less 20 percent of the receiver’s income. The adjusted income of the receiver may not exceed 40 percent of the combined income of both parties.

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 Posted on April 09, 2015 in Child Custody

In the wake of a heated argument, one spouse may decide to leave the other for a short period of time. Although it is not uncommon for married couples to argue or want to spend time apart, certain behaviors may constitute spousal abandonment according to Illinois law, and this may be grounds for divorce.

What Constitutes Abandonment?

In most cases, it is best for divorcing spouses not to change the living arrangement by relocating. The exception is when there are factors that put either spouse or any children in danger.

The courts do not consider every situation involving one spouse leaving to be abandonment. However, when one spouse leaves without any explanation, does not return for one year or longer, and provides no information about where he or she is, this may be abandonment.

Cases of abandonment typically involve one spouse leaving without providing an indication of when he or she will return. Also, there usually is no reliable means to contact the spouse who left.

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