Posted on August 27,2021 in Child Custody

Knowing when to get divorced is one of the most difficult decisions a woman can make. Many factors influence the final decision, including whether there is any abuse or serious, unresolvable conflict within the marriage. Tolerating certain problems within a marriage may seem manageable to a woman, but once she finds out she is pregnant, she may realize her marriage has deteriorated to the point where she feels as though she can no longer bring a child into it.

This article discusses some of the issues women who are getting divorced while pregnant are likely to encounter. Keep in mind that this is not intended to be legal advice and that an Illinois divorce attorney is the best source for personalized, reliable divorce assistance.

Possible Paternity Disputes

When parents are married, any children born to them are legally presumed to be the biological product of both the father and the mother. However, individuals facing divorce may be involved with other partners. If a child’s paternity is in doubt, courts may require additional steps to verify that the alleged father is, in fact, the biological father. Courts may order genetic testing of the child, in which case they will wait until the child is born. This could delay the divorce proceedings.

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 Posted on August 26,2021 in Child Support

Your previous marriage is behind you and you have moved on with your life after divorce. In fact, you have even met someone new, and are considering getting remarried. Thinking about your former spouse is probably the last thing you want to do in this situation, but your remarriage can have a substantial impact on your divorce agreement and future arrangements with your ex.

Understanding how a new marriage may affect spousal support and child support is an important part of getting remarried because the changes could impact not only you but your future spouse as well.

How Does Remarriage Affect Spousal Support in Illinois?

For the recipient of spousal support, getting remarried terminates the right to receive payments. However, many recipients of spousal support know this and will attempt to delay or avoid getting remarried in order to continue receiving spousal support. Illinois law disfavors this strategy and dictates that spousal support terminates when the recipient spouse begins cohabitating with a new partner. The recipient is required by law to immediately notify their former spouse of their remarriage or cohabitation.

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 Posted on August 24,2021 in Child Custody

During the divorce process, parents with children in Illinois must create something known as a “parenting plan.” A parenting plan addresses several things, including when each parent will spend time with their child, where the child will go to school, and who will make important decisions on behalf of the child. But creating a parenting plan that both parents feel is fair and addresses their individual concerns can be challenging. Even after the parenting plan is created, new issues may arise as the children grow older, causing parents to consider modifying the parenting plan to address these issues.

What If We Disagree on Everyday Rules?

A common concern for many parents is also one that potentially affects the everyday life of a child: How much time they are allowed to spend on screens? With screens on TVs, computers, phones, and tablets, it is easy for kids to spend hours each day watching television or playing games. A parent who is more restrictive about screen time may have legitimate concerns about whether kids are getting too much screen time at the other parent’s house.

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 Posted on August 16,2021 in Divorce Finances

Divorce is already a complex and emotionally draining process, and this is especially true for someone whose spouse is frivolously spending the couple’s money before the divorce is finalized. Once that money is spent, it can be difficult, if not impossible, to get back.

In order to understand the legal remedies for victims whose spouses are recklessly spending marital money, or “dissipating marital assets”, it is important to understand what counts as dissipation of marital assets. Keep in mind that the best way to obtain a favorable outcome in cases involving dissipation is to hire an experienced divorce attorney.

What Is Dissipation of Marital Assets?

Spending by one spouse is likely to be considered dissipation if the spouse uses marital assets to buy things that:

• Only benefit them, rather than both spouses
• Are unrelated to the marriage

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 Posted on August 10,2021 in Child Support

Women have made historical strides in the last 100 years in America. As recently as the 70s, women needed a man’s signature to obtain a credit card. Today, however, women are outperforming men in earning high school diplomas, university degrees, and even graduate degrees in medicine and law. More and more women are the primary breadwinners in their households.

These rapid changes in American women’s economic status have begun to reflect in the nation’s child support statistics. Although there is a long-standing suspicion in the American social consciousness that men are less likely to get allocated parental responsibilities for their children - and therefore more likely to pay child support - this is increasingly untrue. Men often are given parental responsibilities after divorce, and when this happens, fathers have a right to receive child support from the child’s mother for the same reasons and in the same amounts that men must pay.

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 Posted on August 05,2021 in Child Support

Child support costs can be expensive, and the paying parent may understandably be reluctant to hand over money for expenses they view as extra or unnecessary. Often, the paying parent feels as though their money is being used for other purposes than supporting the child. However, if the court considers an expense necessary, even if it is above and beyond monthly child support payments, you may be required to pay your portion.

What Are Some Common Extra Expenses?

• Child Care – For children who are not old enough to attend school, a working parent with parental responsibilities will need to consider daycare, preschool, or private childcare. Child care may also include expenses related to before- and after-school care or summer camps. Courts require expenses to be reasonable and will consider the ability of each parent to pay in proportion to their income.

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 Posted on July 28,2021 in Divorce

In hostile divorces, couples are often unable to come to an agreement about important issues such as parenting responsibilities and the division of assets. These issues can become contentious to the point where a trial is the only way to reach a resolution in the divorce.

When a divorce goes to trial, a judge will make decisions about contested issues according to Illinois law. However, before such decisions can be made, the judge needs to understand the divorcing couple’s situation. Each spouse’s attorney will make an argument to the judge and try to convince them that their client’s perspective is correct. One way to do this is through the use of something called an expert witness.

What is an Expert Witness?

An expert witness is an individual whose experience qualifies them to form an opinion regarding an issue relevant to the case. The witness testifies before the court about things such as child welfare, a parent’s mental health, or a business’s financial value. A spouse could independently hire an expert witness to advocate for their perspective, or the court may require an expert witness and require one or both parties to pay the cost.

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 Posted on July 22,2021 in Postnuptial Agreements

Prenuptial agreements are becoming more common in Illinois marriages. However, many people have never heard of a postnuptial agreement. Prenuptial and postnuptial agreements are actually quite similar; the main difference is that a prenuptial agreement takes place before a wedding, and a postnuptial agreement happens after the wedding has already happened.

If a couple is already married, it may seem odd to write a postnuptial agreement. But often, engaged couples are so busy planning the wedding that the less exciting financial elements of their relationship take a backseat. A postnuptial agreement is a way to address those issues that may have been overlooked during the honeymoon stage.

What is the Purpose of a Postnuptial Agreement?

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 Posted on July 20,2021 in Parenting Time

Most parents who get a divorce in Illinois settle on a schedule for sharing parental responsibilities for their child. When the divorce first happens, courts will help parents draft a parenting plan known as a Parental Allocation Agreement.

These agreements outline the duties and responsibilities of each parent, including which home a child will spend some or all of their time in, special arrangements for holidays and other occasions, and decision-making for things such as the child’s education, religious instruction, and healthcare.

Parenting plans can also contain a provision regarding a concept called “the right of first refusal.” In this post, we will discuss what the right of first refusal is, how it is meant to help children, and how it will affect your responsibilities as a parent.

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 Posted on July 13,2021 in Child Support

Once an Illinois divorce decree is final, child support payments become a legally binding obligation. In addition to the devastating consequences a lack of timely payments can have on a family’s financial needs, there are serious legal consequences for failing to pay child support. Spouses cannot simply agree to re-negotiate child support themselves; any modifications to child support must be made by a court order.

The paying parent may fall behind on child support payments because of a change in their financial situation, or because they simply stop paying. Regardless of the reason, recovering unpaid child support can be a frustrating and time-consuming endeavor. Fortunately, there is legal recourse available for parents who need to recover past child support payments.

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