Posted on June 22, 2023 in Division of Assets

Property division tends to be one of the most challenging issues for couples to address during a divorce. Most of the time, neither party will get exactly what they want when dividing assets. Spouses should be open to compromise and understand that to get what they want, they need to be able to consider what the other party wants and why they are asking for it. To ensure that these issues will be handled correctly, it is important for spouses to understand how the laws in Illinois will affect the process of dividing marital property.

The Difference Between Marital and Non-Marital Property

Marital property will need to be divided between divorcing spouses, but each spouse will usually be able to continue owning any non-marital property. The distinction between these two types of property depends on when and how assets were acquired and, in some cases, how property has been used and combined with other assets. 

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 Posted on June 12, 2023 in Child Custody

Parental responsibilities refer to essential decisions regarding children of divorced or unmarried parents. Parenting plans state who will make the important decisions for a child and how these decisions are made. A parenting plan also needs to include information about parenting time, or the time each parent will spend with the child. 

The parenting plans must be filed 120 days after asking for parental responsibilities. The parties can file a single parenting plan if both parties agree on parental responsibilities. Both parents must sign this. If parties disagree, then they should file separate plans. If neither party creates a parenting plan, then the court will determine the terms of the parenting plan based on what is in the child’s best interests. 

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 Posted on June 02, 2023 in Child Support

A divorce involving children is always tricky, and it can be complicated when handling child support matters. Child support is an essential source of financial support for divorced and single parents. If your child's other parent is not paying court-ordered child support after your divorce, you have two main options. You can try to enforce the child support order through the Illinois Department of Child Support Services or through the court. If a parent fails to make their court-ordered child support, then your first step should be hiring an experienced family law attorney. 

Receiving Child Support From a Non-Paying Ex

The Illinois Department of Child Support Services uses various administrative methods outside of the court system to help pursue administrative remedies. These include: 

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 Posted on May 30, 2023 in Divorce

When a divorce decree is finalized, other aspects such as a parenting plan, child, and spousal support are also finalized. The divorce decree is legally binding. However, some people may dislike the terms and violate their legal obligations by  refusing to pay child support or blocking the other parent from visiting their children. There are legal consequences for anyone who violates the terms of a divorce decree or order.

How The Court Can Intervene 

A divorce decree in Illinois is a court document that officially ends the marriage. It includes information such as the names of both parties, the date of separation and any orders concerning division of marital property or payment of spousal support or child support. A judge must sign a final divorce decree before a couple can legally be divorced in Illinois. The decree is the end result of a dissolution of marriage that either party can take to court. It outlines all issues which were agreed upon by both parties, and it renders a legally enforceable judgment. 

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 Posted on May 22, 2023 in Domestic Violence

The state of Illinois takes domestic violence charges seriously and takes serious action against perpetrators. Before and during the divorce process, victims have the right to get protection orders to safeguard themselves and their families. But what constitutes abuse? This article will discuss what that entails and how victims are protected in the state.

What Constitutes Domestic Violence?

In Illinois, domestic violence is defined as abuse that includes:

1. Striking (such as hitting, punching, biting, etc.)

2. Harassment (physical or mental)

3. Threatening (threats of violence, for example)

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 Posted on May 15, 2023 in Child Custody

 Child relocation orders can be a complicated matter in Illinois, as they involve uprooting a child's life and potentially disrupting their relationship with one parent. Illinois courts take child relocation cases very seriously, and judges carefully consider a variety of factors before making a decision. In this article, we will discuss what an Illinois judge considers during a child relocation order.

Best Interests of the Child

The primary consideration for an Illinois judge during a child relocation order is the child's best interests. This includes their physical, emotional, and mental well-being and relationship with each parent. The judge will consider factors such as the child's age, health, and educational needs.

Reason for the Move

The reason for the move is also an important factor that an Illinois judge considers during a child relocation order. The judge will want to know why the relocating parent is moving and whether the move is in the child's best interests. The judge may be more likely to grant the relocation order if the move is necessary and beneficial to the child. 

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 Posted on May 05, 2023 in Divorce

A divorce can happen for many reasons. Depending on the issues the parties faced that resulted in the irretrievable breakdown of the marriage, your divorce proceeding may be contested or uncontested. A contested divorce means the two parties cannot agree on one or more terms. On the other hand, an uncontested divorce means the couple agrees on all matters.

Some common issues that arise during divorce and that can contribute to the divorce being contested are:

• Child custody and visitation rights

• Child support

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 Posted on April 25, 2023 in Prenuptial Agreements

You may have heard of prenuptial agreements between a couple before marriage, but have you heard of postnuptial agreements? A postnuptial agreement, also known as a post-marital agreement, is a legal document created by couples who are already married.

It outlines the division of assets and liabilities in the event of a divorce or separation. Postnuptial agreements can be created at any time during the marriage and can offer plenty of benefits for couples.

Let’s discuss some of the key benefits of postnuptial agreements, to show you why you may want to consider getting one.

Just remember to always consult an experienced DuPage County family law attorney for guidance on matters of pre- and postnuptial agreements.

Avoid Legal & Financial Disputes

The primary benefit of postnuptial agreements is that they can help couples avoid costly and contentious legal battles in the event of a separation or divorce.

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 Posted on April 18, 2023 in Divorce

Not all marriages work out, and sometimes irreconcilable differences lead to a partner’s decision to end their marriage. Unfortunately, divorce is extremely common in the state of Illinois.

While there are many reasons why couples may decide to end their marriage, several issues tend to come up again and again in divorce cases. If you are planning to divorce soon, evaluating the reasons your marriage ended can help you prepare for the divorce process. 

Infidelity, Adultery, and Cheating 

Often cited as one of the most common reasons for divorce, infidelity can be a devastating blow to the other spouse and can cause irreparable damage to the trust and intimacy of the marriage.

Infidelity may also lead to strong feelings of anger, betrayal, and resentment that may be difficult to overcome, even with the help of a support system or marriage counselor. If your marriage is ending because someone cheated, it is may be difficult for you and your spouse to negotiate divorce issues such as property division and the allocation of parental responsibilities. Consider working closely with your divorce lawyer to navigate these issues during divorce. 

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 Posted on April 14, 2023 in Child Custody

If you are going through a separation or divorce in Illinois and you have a child from your marriage, you should consider how a divorce may affect your time with your child.

Parenting time is a core aspect of co-parenting and divorce in Illinois, and it is best to understand the laws and guidelines that surround it.

Of course, you should always consult a Naperville divorce lawyer for legal guidance pertaining to your individual case.

That being said, let’s discuss a few key things you need to know about parenting time in Illinois.

Parenting Time Is Not the Same As Child Custody

Parenting time in Illinois is not the same as custody. The state has replaced the term “child custody” with “parental responsibilities”, which refers to both decision-making authority (related to things like the child’s healthcare, education, etc.) and parenting time.

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