Posted on July 21, 2015 in Spousal Maintenance

When a couple divorces, one spouse may be ordered to make alimony, or spousal maintenance, payments to his or her former partner. These payments are usually allocated to the spouse who makes less money, allowing them the opportunity to better their financial situation.

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) dictates the rules and regulations governing spousal maintenance such as who receives payment, the dollar amount to be paid, and how long payments will continue. Additionally, the IMDMA states that payments may end if the receiving spouse remarries or moves in with a new partner. In some cases, this type of change can also affect the paying spouse.

Permanent, Rehabilitative, and Gross Spousal Maintenance

The first type of spousal support is called permanent spousal maintenance. These are set payments designed to be paid regularly to the receiving spouse until their death. If the receiving spouse moves in with another partner, whether through remarriage or cohabitation, the paying spouse can petition to end the maintenance payments.

Continue Reading ››

 Posted on July 21, 2015 in Child Custody

Divorce and custody arrangements are difficult enough, but the difficulties may be intensified if one parent decides to relocate out of state after a divorce. The geographical change can present a number of obstacles for parents as they try to foster healthy, meaningful relationships with their children. There may, however, situations in which such a move would, overall, serve the best interests of the child.

Illinois state law requires that the court be notified if a custodial parent is planning on moving out of state. If the non-custodial parent agrees to the move, the court may simply enter a modified custody or visitation order. In other cases, the purpose of the move will be questioned, along with other considerations, before the court will grant approval. Children Need Access to Both Parents In addition to defining rules and regulations about divorce, the Illinois Marriage and Dissolution of Marriage Act also protects the rights of the children. By law, children of divorced parents have rights to access both parents and cultivate relationships with them. This requires children to have contact with both parents, which could become difficult if one parent moves out of state. For this reason, non-custodial parents have the right to object to such moves if they think it will impact their relationship with their child(ren). Court Considerations A custodial parents who wishes to move out of state with his or her child must petition the court to request approval to remove the child from Illinois. The court will review the case thoroughly before making a decision and is expected to consider a variety of factors, including:

Continue Reading ››

 Posted on July 21, 2015 in Domestic Violence

It is important for victims of domestic violence to know they have options to protect themselves from spousal abuse or harassment. An order of protection will require the threatening spouse or individual to follow the interaction rules set forth in the orders or face criminal charges. Before filing for an order of protection, individuals should seek legal counsel to gain a better understanding of the scope of this type of protection.

Types of Orders

An Illinois family law attorney can help an individual choose which of the orders of protection apply to their case. While each type of order differs from the others, they all seek to provide safety for victims of domestic violence.

The first type of order is known as a Plenary Order of Protection. This applies to cases in which both the victim and the alleged abuser have gone to court to testify. The order will be effective for up to 24 months, which is the longest lasting order of protection in the state.

Continue Reading ››

 Posted on July 21, 2015 in Child Custody

Divorce can be an incredibly stressful experience for both the parties and their children. Deciding the best option when establishing an arrangement for child custody can be an especially delicate process that many find difficult. During the course of a divorce, the court may require an impartial third party to evaluate the situation in order to decide the best child custody arrangement for any children. This process usually involves several meetings between the evaluator, both parties and the children in order to determine what type of living situation would best suit the children’s needs.

Working with a Court-Appointed Evaluator

Working with the court-appointed evaluator can be nerve-wracking, but it is important to remember that cooperating with the evaluator will go a long way in helping produce the best possible outcome in a child custody case. Always be on time for your appointments when meeting with an evaluator to demonstrate that you take the process seriously and respect his or her time. Be friendly with the evaluator, but remain professional. Remember also that he or she is also there to help you address any concerns you may have around your child’s custody, and may be able to answer any questions.

Continue Reading ››

 Posted on July 21, 2015 in Division of Assets

Divorce is difficult for couples at any point in life, but when considerable wealth is involved, the process becomes much more complicated. If substantial assets need to be divided, each party wants to guarantee his or her fair share. This is true whether one spouse holds most of the assets or if both spouses worked hard to accumulate this wealth over time. High net worth divorce cases can also be more complicated due to the tax implications resulting from a potential settlement.

High-Asset Divorce Criteria

The main standard for determining “high-asset divorce” is that the couple or client have over $5 million in assets. However, this is not the only determining factor. A divorce is also considered high-asset if one or both parties additionally own a business, are listed as an heir to an inheritance, or purchased (and still own) significant amounts of property before the marriage.

Continue Reading ››

 Posted on July 21, 2015 in Divorce

In Illinois, judges formerly maintained full discretion regarding spousal maintenance payments in individual divorce cases. Now, due to 2014 legislation that was signed into law by former Governor Pat Quinn, guidelines have been established to streamline the process and make more congruent rulings for all divorcing couples in Illinois. Instead of judges having sole discretion to determine payments, the court must use a standardized formula to decide payment amounts and the length of the order. Before any payments can be established, a judge must determine whether or not a divorcing spouse is eligible for spousal maintenance. Factors that are taken into consideration include, but are not limited to, the following:

• Income and earning potential of each party;
• Living standards established during marriage;
• Length of the marriage; and
• Property ownership and allocation.

Continue Reading ››

 Posted on July 21, 2015 in Division of Assets

Many couples consider drafting prenuptial agreements that cover the division of marital assets, and property or income that each spouse owned separately before the marriage, but few consider what will happen to any collective debt as a couple, if they decide to divorce. This can present a tricky situation for both parties, as some obligations can be on shared accounts, or may have benefited both parties in a way that both would be responsible for paying off the debt following a divorce.

One of the best ways for a couple to handle debt if they are planning on getting a divorce is to pay off or resolve the debt before filing to have their marriage ended. However, it can be difficult for both sides to come to an agreement on what their fair share of the debt should be. If a family court has to decide how to divide the debt, it will use the state’s guidelines for equitable distribution in order to decide how much debt each party will be responsible for after the divorce. These guidelines do not simply divide the debt down the middle and give half to each party, and the outcome can sometimes be less than favorable for one of the parties.

Continue Reading ››

 Posted on July 21, 2015 in Child Custody

For parents who need a safe environment for the child to spend time with their other parent, or in cases where a child’s safety with a parent may be at risk, the Illinois family court system may require supervised child visitation. Supervised visitation is time spent between a parent and their child that is monitored by a third-party. This party’s presence is meant to ensure that appropriate behavior, in a safe environment, can occur between a parent and their child.

Supervised visitation offers both the child and the parent an opportunity to get to know one another if the parent has not been in their child’s life previously. It can also give both a chance to build a healthier relationship if they had a less than favorable one before.

Supervisors to Monitor Parent and Child Visitation

A supervisor may be required to be present for the entire visit or interaction between the supervised parent and their child. There are some situations in which a supervisor is only required to be present for the period of time when the child is being transferred from one parent to the other.

Continue Reading ››

 Posted on July 21, 2015 in Annulments

Annulments and divorces are sometimes confused with one another. An annulment is a legal process and document stating the marriage was invalid. It appears as if the marriage never happened. A divorce is the process you go through when you want to end a valid marriage. To file for an annulment, there are strict reasons a petitioner must give and guidelines for each reason that need to be followed. When petitioning for an annulment, you should speak with a skilled annulment attorney to make certain the necessary prerequisites can be satisfied.

Causes for an Annulment

Illinois calls an annulment an Invalidity of Marriage. When you file for Invalidity of Marriage, you must list one of the reasons listed in the Illinois Marriage and Dissolution of Marriage Act. The reasons listed in Section 301 are:

Continue Reading ››

 Posted on July 21, 2015 in Divorce

Just as no two people are alike, no two divorce cases are exactly the same. Finding the best lawyer for an emotionally charged event such as a divorce can be challenging. It is important to remember that not all divorce lawyers (and divorce cases) are similar in nature. To find the divorce lawyer who can best match the personalities and circumstances of the case, it is important to ask the right questions and pay close attention to the personality fit when interviewing potential legal representation.

Not Every Lawyer is a Divorce Lawyer

Before selecting an attorney, be sure to understand their fees and experience handling similar cases. Are they a divorce lawyer or simply an attorney who handles occasional divorce cases? There is a huge variance between these designations. Being represented by a lawyer familiar with divorce laws and local family judges can make a difference in the case.

Continue Reading ››