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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 Posted on March 25, 2015 in Property Division

Divorce is never a pleasant process, but understanding the procedures can make ending your marriage a lot less complicated. Divorcing spouses should know the difference between separate and marital property, as well as the meaning of “equitable distribution.”

Generally speaking, separate property is any asset that a spouse owned prior to the marriage. It also includes inheritance, compensation for a personal injury, and certain gifts received during the marriage. Marital property involves just about every other asset that the couple acquired during the marriage.

Illinois is an equitable distribution state. This means the courts will split property equitably—as opposed to “equally.” When dividing property, the courts will review your assets and determine which are marital property and which are separate property.

Continue Reading ››

 Posted on March 11, 2015 in Finances & Divorce

With so many issues to consider in a divorce, from property division, to child support, to spousal maintenance, separating spouses may forget to think about their estate and estate planning documents. However, spouses should take specific estate planning changes after a divorce in order to ensure that their ex-spouse no longer has rights to anything after the separation.

Changes to the Will

First, spouses should review their will. Most married couples designate their spouse as the main beneficiary of their will, either giving all or the majority of their estate to their spouse. Many divorcing spouses do not want their soon-to-be ex-spouse to inherit any of their estate. Of course, spouses that are currently going through a divorce have property that is still combined, which will most likely be divided equitably. However, spouses can rewrite a will to protect themselves during the divorce and into the future.

Continue Reading ››

 Posted on March 02, 2015 in Property Division

When spouses divorce, they lose a lot more than a long-term relationship. The end of a marriage can mean the loss of property, social circles, and even custody of children. Property division is one aspect of divorce that often leads to disputes.

Most spouses quickly learn that there are two main categories of property: separate and marital. Separate property includes any property that one spouse owned before the marriage. It may also include inheritance or a gift from a third party. Marital property, however, includes just about everything that the couple acquired during the marriage.

 When it comes to mortgages, however, many divorcing spouses have a long list of questions and concerns. This article will discuss the ways that divorcing couples can handle a mortgage.

What Happens to a Mortgage after a Divorce?

Continue Reading ››

 Posted on February 20, 2015 in Finances & Divorce

As most people who go through a divorce are aware, ending a marriage involves a lot more than filing paperwork and relocating. Although each case is unique, many divorcing spouses must deal with complicated child support and custody negotiations, property division, or alimony. Understanding how the law relates to your divorce can make the process a whole lot easier. Marital finances during a divorce can become particularly stressful. In addition to transitioning into a single income, divorcing spouses may not understand how to manage credit cards and other financial accounts. This article will provide some helpful insight into the monetary side of divorce:

 Joint Credit Cards

 According to Creditcards.com, creditors do not necessarily recognize a divorce ruling. Debt is debt, and as far as a credit card company is concerned, couples are responsible for paying joint debt when the marriage ends.

Continue Reading ››

 Posted on February 18, 2015 in Property Division

Like many other legal fields, divorce is a complex process that can be emotionally overwhelming. Adding to the confusion are the many myths that circulate the Internet. Because each case is unique, the outcome of one person’s divorce is not a good indicator of what yours will yield.

Sometimes, acting upon divorce myths can compromise your interests. For example, many husbands believe that the mother automatically will receive custody of the child, so they do not attempt to fight for custody. The truth, though, is that the courts do not view the mother as the default parent. Consulting a family lawyer is the easiest way to separate fact from fiction when it comes to divorce.

Myth 1: Prenuptial Agreements Are Permanent and Non-Negotiable

Prenuptial agreements, or “prenups,” are popular among wealthier individuals. The goal of signing a prenup is to protect a person’s wealth and assets if the couple decides to divorce.

Continue Reading ››