Posted on November 04, 2021 in Prenuptial agreements

Every state has unique property division laws in the event a couple gets divorced. In contrast to 50/50 property division states, Illinois uses a method known as “equitable distribution” in which spouses, sometimes with the help of a mediator or judge, divide their property and debts in a fair manner.

This method makes sense for couples, but it might not work for others. Engaged couples who worry that Illinois’ equitable distribution method would not properly reflect their wishes or circumstances may want to create a valid prenuptial agreement before they get married. If a prenuptial agreement is legitimate, it supersedes state law regarding property division and allows couples to preemptively negotiate the division of property if they get divorced.

Why Would a Couple Create a Prenup?

Although prenuptial agreements used to be financial instruments mainly for the wealthy and legally savvy, they are becoming more and more common. Couples may benefit from a prenup if they fit into one of the following circumstances:

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 Posted on October 04, 2021 in Divorce

Getting divorced is never easy, but getting divorced because you found out your spouse was having an affair can be devastating. Emotionally recovering from the broken trust while you are going through divorce proceedings proves to be a major challenge for many spouses, who may justifiably wonder: Does an affair affect a divorce proceeding in Illinois? After all, if a spouse’s infidelity ends a marriage, it may seem like it makes sense for there to be consequences.

But no matter who is responsible for the end of a marriage, Illinois is a no-fault divorce state - meaning that the only reason a couple can give for divorce is irreconcilable differences. Cheating, in and of itself, does not affect the process or the outcome of a divorce. However, behaviors and circumstances commonly affiliated with cheating can affect a divorce.

Can Cheating Affect Custody Arrangements?

Allocation of parental responsibilities and parenting time are not directly affected by infidelity. However, if a parent’s new boyfriend or girlfriend poses a risk to the children, this could affect that parent’s ability to spend time with the children. For example, if a new partner has a history of domestic abuse or is a registered sex offender, courts can take this into account when making decisions about a parenting plan.

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 Posted on September 08, 2021 in Domestic Violence

Applying for any kind of order of protection is never easy, and is usually preceded by months or years or terrifying emotional or physical abuse. But the state of Illinois takes the safety of its residents very seriously, particularly when they are children, and has several types of orders of protection available to those who need them.

One of these - a Plenary Order of Protection, or POP - is a long-standing order of protection that lasts much longer than an Emergency Order of Protection or “restraining order.” POPs do require a hearing, but because the hearing is evidence-based and requires the presence of both parties, it can grant victims greater protection.

How Can I File for a Plenary Order of Protection in Illinois?

In order to file for any order of protection, you must bring the appropriate paperwork to your local courthouse. This paperwork is available online and can be filled out in advance. Sometimes a clerk may be available to help you fill out forms, but not always.

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 Posted on August 12, 2021 in Illinois divorce lawyer

Engagement rings are one of the most exciting aspects of a wedding. Many people dream for years of their perfect ring and are thrilled to find themselves engaged and later married. But just as the ring is a symbol of the hope of marriage, it can also be a source of conflict and sadness when the relationship comes to an end. Many people wonder - What happens to the engagement or wedding ring in a divorce? 

When Does an Engagement Ring Have to Be Returned? 

Illinois law regarding the ownership of a ring differs depending on whether a couple is married or engaged when the relationship ends. If the couple is engaged, then the person who ends the relationship may determine who keeps the ring. 

Illinois courts have determined that gifts given as a promise of marriage are conditional on the marriage itself. If a man bought and presented his girlfriend with an engagement ring, and she later called off the engagement, she is required by Illinois law to return the ring. If the couple mutually agrees to end the relationship, the ring and any other gifts are likewise returned. 

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 Posted on July 08, 2021 in Orders of Protection

If you are in an abusive relationship and are ready to end it, you may worry that taking steps to end the relationship will make the abuse worse. You may feel stuck in a cycle of fear, intimidation, and even violence. Research shows that many, if not most, injuries in domestic relationships occur when the victim attempts to leave the relationship. 

Fortunately, Illinois law provides protection for victims of domestic abuse in the form of an Order of Protection. An Order of Protection can force your abuser to move out of your home and prohibit contact between you and your children. Listed below are the three types of Order of Protection in Illinois.

Emergency Order of Protection

Illinois law allows an Emergency Order of Protection (EOP) to be granted even when the subject – in this case, the abusive partner – is not present or even aware of the order. This kind of order is most often used when the immediate safety of a victim is at risk.  

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 Posted on June 17, 2021 in Kane County family law attorney

During a custody dispute, parents will often wonder: Who will get the most time with my kids? Will I miss out on important parts of their life? How will custodial sharing change my relationship with my children? The idea of sharing parenting time, especially with a spouse who may be hostile, is difficult for many parents to contemplate.

If parents cannot agree on a visitation schedule, the court will step in and make arrangements for them. Unless parents split custody 50/50, one parent will be given most of the parental responsibilities and the other parent will get a set amount of parenting time or visitation. 

One interesting change in the concept of parental visitation has been developing for some time – that of electronic or virtual parenting time. This idea got more exposure than ever during the Covid-19 pandemic and subsequent shutdowns when households were isolated and parents couldn’t see their children in person for long stretches of time. 

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 Posted on May 06, 2021 in Illinois divorce lawyer

Any divorce As a divorcing parent, one of the most challenging concerns you may currently be facing is the prospect of seeing your child less often than you are used to. For a parent who is heavily involved in his or her child’s daily life, transitioning to a shared parenting schedule after divorce can be very difficult. This is one reason that disagreements about parental responsibilities and parenting time can become heavily contested during a divorce. The “right of first refusal” is an important element in an Illinois parenting plan that any parent in a child custody dispute should be aware of.  

What Does “Right of First Refusal” Mean?

When you file your divorce petition, you will be asked to create a parenting plan and submit it to the court. This plan outlines how you will share parenting time, make important decisions about your child, and handle other co-parenting issues. The parenting plan also includes a provision explaining the right of first refusal. This is the right that parents have to be informed when the other parent cannot fulfill his or her allotted parenting time. The other parent must be given a chance to “refuse” the additional parenting time before the original parent can hire a babysitter or make other childcare arrangements.

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 Posted on April 29, 2021 in Divorce

Any divorce can be complicated personally, legally, and financially. However, parents often face a unique set of issues when ending their marriage. Many parents’ primary concern during divorce is that of their children. They worry about the effect the split will have on their kids’ emotional well-being, growth and development, and schoolwork. They also worry about how issues like child custody and child support will be handled in the divorce. If you are a parent considering divorce in Illinois, make sure to keep the following considerations in mind.

You Can Get Temporary Financial Support While the Divorce is Ongoing

If you are a parent considering divorce, you may have concerns about the financial consequences of the split. Many parents–especially stay-at-home parents–rely on their spouse’s income. Fortunately, Illinois law allows divorcing parents to request temporary child support or spousal support orders before the split is finalized. “Temporary relief” child support orders require the parent with less parenting time to pay child support to the parent with more parenting time while the divorce is ongoing. This means that you do not have to wait until your divorce is settled to get financial support from the other parent.

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 Posted on March 04, 2021 in Divorce

Getting divorced is not as easy as simply deciding not to be married anymore. Most divorcing spouses must address several key issues during their divorce including the division of marital assets and debts, spousal support, and child custody. “Discovery” refers to the fact-gathering stage of divorce. The evidence and information exchanged during discovery will affect the outcome of the divorce, so this is a crucial component of the divorce process. If you are planning to divorce in Illinois, it is important to know what is involved in discovery so that you can protect your rights and be as prepared as possible.

Exchange of Financial Information and Other Records

Most divorce issues revolve around finances. Accurate, up-to-date financial information is needed to determine how marital property and debts will be divided between the couple, the amount of child support a parent will pay, and whether a spouse is entitled to alimony or spousal maintenance. Spouses are expected to provide this information willingly, but in some cases, it takes some digging to uncover the documentation needed. Non-financial information may also be required in order to address the allocation of parental responsibilities and parenting time and other divorce issues.

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 Posted on February 11, 2021 in Child support

Child support allows parents to share the costs of raising a child even if they are unmarried or divorced. If you are thinking of getting divorced or you are an unmarried parent, you may have questions about your child support rights and responsibilities. You may be curious as to the amount of child support you or your child’s other parent will pay. In Illinois, child support is usually determined by statutory formulas, but there are also cases in which courts deviate from these formulas.

Child Support Calculation in Illinois  

Prior to 2016, child support in Illinois was almost exclusively based on the paying parent’s income. The higher the income of the paying parent or “obligor,” the higher the child support payment. Illinois now uses the Income Shares Model to determine child support payment amounts. This calculation method uses both parents’ income to reach an appropriate child support payment.

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