Posted on October 21, 2020 in Post-Judgment Modification & Enforcement

Your life does not, of course, remain static. You may move, remarry, have children, or experience any other major event that will cause drastic life changes. If this happens, it may be necessary to make a modification to your divorce judgment, because what once was acceptable may now be too expensive, or it may be inequitable in terms of cost or time spent. Still, a modification may not be made simply on a whim. There are requirements that must be met in order to make such adjustments.

What Can Be Modified?

Under Illinois law, almost every part of a divorce decree can be modified if sufficient evidence is shown for the necessity. Most of the time, updates are requested due to changes in living conditions, such as the loss of a job or a relocation. Generally, however, the most common type of change requested in Illinois is the modification of spousal or child support.

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 Posted on October 16, 2020 in Divorce

Divorces can drag on for many months, if not longer. If proceedings stall, it can be difficult to get through the process alone. Men and women both face the temptation to date before they are officially divorced, even though this can lead to potential problems with their ex-spouses. There are positives, such as companionship during what can be a trying time, but the social and financial negatives tend to outweigh them. In fact, many divorce attorneys will advise you to wait before beginning a new relationship.

Spouse and Child-Related Issues

Despite your best intentions, it can seem like a slap in the face to your ex-spouse if you cannot wait to date a new person until after the divorce is concluded. While in theory, it has ceased to be their business, in practice, a jealous or bitter ex-spouse can drag out proceedings, costing you significant time in court and money in attorneys’ fees. While there are limits as to what a party can do to hold up the process without facing potential sanctions, it is very possible for a divorce to drag on exclusively due to one party’s intransigence.

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 Posted on October 14, 2020 in Finances and Divorce

Illinois couples who are considering a separation or divorce should also begin the process of evaluating their debts. When couples elect to divorce in Illinois, the partners are required to divide both their debts and assets. If the matter of debt and asset distribution is left up to the court, the state’s equitable distribution guidelines will be utilized. In most cases, these rules are not conducive to the wide variety of financial situations couples may be contending with. Also, it is important to understand that the state’s equitable distribution guidelines do not mean that all debts and assets will be divided equally. Instead, they will be divided in a manner that the court deems to be fair and just based on the circumstances.

Prenuptial Agreements Often Fail to Address Marital Debt

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 Posted on October 09, 2020 in Child Custody

While most parents recognize that it is important they get along and work together to raise their children, many struggle with this concept after a divorce. Even a few moments with their ex may spark feelings of anger, resentment, bitterness, sadness, or guilt. When those feelings lead to an argument, children can begin to feel as though they are responsible for the continued conflict, which may be the exact opposite of what caring, loving parents want. In these situations, parallel parenting may be a viable alternative.

What Is Parallel Parenting?

Parallel parenting seeks to reduce conflict between parents by encouraging disengagement between parents, rather than engagement. Each parent works independently toward the best interest of their child, focusing solely on their personal relationship with the child. No ill words are spoken about the other parent around the child, each household is run as each parent sees fit, and there is very little contact between the adults. Success in this parenting method relies upon the respect for one another’s boundaries and privacy. As such, a comprehensive plan should be developed, generally with the assistance of a skilled legal professional, such as a family law attorney.

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 Posted on October 07, 2020 in Post-Judgment Modification & Enforcement

In divorce cases, child support or spousal maintenance payments are often ordered. If you have been awarded spousal support or child support, chances are you need those payments in order to provide for your family’s needs. In some cases, a spouse may not be consistent in making support payments, or he or she may refuse to pay them altogether. Not only can this be frustrating, but it can also result in serious legal ramifications for the non-paying spouse. Both types of support orders are legal court orders, meaning a person can face harsh consequences if they are not followed. Illinois courts have various ways of enforcing support orders when this becomes necessary.

Failure to Pay Support in Illinois

The state of Illinois does everything in its power to ensure that those who are required to pay spousal support or child support do so. There are several different ways a person can be held in contempt for failing to pay a support order, according to the Illinois Non-Support Punishment Act. A person may be found to be in contempt if he or she:

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 Posted on October 02, 2020 in Child Custody

One of the biggest worries and fears that parents have during a divorce is how the end of their marriage will affect their children. While it is no secret that divorce can put children through some stress and uncertainty, it is often the best action to take for the sake of the family. Children who are raised in unhappy households are more likely to have self-esteem problems, trust issues, and in some cases, even behavioral or emotional issues that can follow them for the rest of their lives. Telling the children about your divorce can seem like a daunting task, but these tips can help you have a meaningful and productive conversation.

Tip #1: Tell All of Your Children at the Same Time

Many parents make the mistake of not talking to all of their children together when breaking the news of their divorce. They may think that younger children should be sheltered from the news of a divorce, while older children can be trusted with this information. This often puts unfair and unnecessary stress on older children to keep the secret of the divorce from younger children. It is often best to gather your children together and tell them all at the same time to avoid any unnecessary difficulties.

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 Posted on September 30, 2020 in Divorce

When you choose to pursue a divorce, your biggest fear may be that the process will become a destructive fight that harms you, your ex, and your children. It is true that some divorces are contentious, and almost all divorces are stressful, but many of them can proceed amicably. 

If you are able to cooperate with your spouse throughout the divorce process, you can often avoid a trial and reach an efficient resolution that satisfies both sides. If you are hoping for an amicable divorce, you should make sure to approach it in a way that prevents conflict from taking over.

How to Keep Your Illinois Divorce Amicable

Your chances of an amicable divorce often rest on the behaviors of both you and your spouse. Here are some things you can do to make an amicable divorce more likely:

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 Posted on September 26, 2020 in Paternity

If you have a child while you are unmarried, establishing legal paternity provides important benefits to the child, and it can also help both mothers and fathers protect their parental rights. However, it is important to understand exactly what legal paternity entails to determine whether further legal action may be necessary, especially in cases in which you wish to confirm or deny the right to custody and parenting time.

What Benefits Does Legal Paternity Provide in Illinois?

For a child, establishing legal paternity ensures access to financial support from both parents in order to provide for regular needs, including shelter, food, clothing, healthcare, and education. The child can also benefit from the father’s health insurance, life insurance, government benefits including Social Security, an inheritance in the event of his death, as well as information from the father’s medical history that may make better medical care possible for the child.

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 Posted on September 23, 2020 in Asset Division

In an Illinois divorce, a wide range of assets can be considered marital property, which must be equitably distributed between spouses. This includes joint bank accounts and many properties that you may consider to be part of the household, including the home itself, vehicles, furniture, and more.

However, marital property also likely includes privately owned businesses and other properties owned in only one spouse’s name, provided that they were founded or acquired during the marriage. When you or your spouse have significant business assets, it is important that you understand how the division of property may work in your divorce.

Valuing Marital Business Assets in Illinois

If you have business assets that you want to protect in your divorce, you should first determine whether any of them may be excluded from the marital estate. Businesses that you owned prior to your marriage may be considered non-marital property, especially if they were designated as such in a prenuptial agreement. Businesses purchased with money from a gift or inheritance specifically in your name may also be considered non-marital assets.

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 Posted on September 18, 2020 in Divorce

When you and your spouse have children together, you may feel pressured to stay in an unhappy marriage for their sake. Perhaps you fear that your children will be caught in the middle of a messy divorce process, or you may be worried about how their lives will change if they no longer live in a two-parent household. These are certainly valid concerns, but staying together may have negative effects on your children as well. Rather than delaying the inevitable, it may be best to consider your options for a divorce that leaves both you and your children in a better place.

How Staying Together Can Harm Your Children

You may have good intentions for attempting to stay together, but this can be harmful for your children in ways that you may not expect. For example, if you and your spouse are frequently angry with each other and engaging in destructive conflict, you may be modeling an unhealthy relationship in a way that affects how your children approach their own relationships. This is especially true if there is physical or emotional abuse in your household, not to mention the fact that your children may be at risk of physical or mental harm. If you are preoccupied with conflict in your marriage, you may also be unable to devote the time, energy, and attention to your children that they need.

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