Posted on January 31,2020 in Cohabitation

There are all sorts of reasons that couples may decide to live together without getting married. They might be opposed to marriage on some moral grounds, they could just want to try living together first before they officially “take the plunge,” or perhaps they simply do not want to deal with all the complications that come with marriage—from an overwhelming wedding to an array of legal and religious considerations. Whatever the case may be, there are plenty of people out there who cohabitate as unmarried partners. Unfortunately, living together does not grant you the same rights you would have as married spouses. In order to have some similar legal protections as you would if you were married, you would need to develop and sign a cohabitation agreement.

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 Posted on January 29,2020 in Divorce

Sometimes, by the time people get divorced, they do not even recognize each other anymore. Over the years, a sense of mistrust might have festered. Misgivings about your spouse and his or her motivations often contribute to the decision to file for divorce. As the divorce drives you two even further apart, it becomes easier and easier to keep things from each other. This is when hidden assets become an even greater possibility. If you suspect your spouse might be hiding assets from you and your attorneys, what should you do? There are a few things that require further investigation from you and your lawyers to make sure no asset is left buried.

What to Do During the Hunt for Hidden Assets

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 Posted on January 24,2020 in Divorce

Central to any divorce are concerns regarding finances. The property and assets owned by married spouses are considered throughout the divorce process. Both parties in a divorce want to protect their property and assets, and in some cases, a financial restraining order may be necessary. In some states, an automatic temporary restraining order (ATRO) will be included in every divorce. However, in Illinois, you need to request a temporary restraining order (TRO), and you may need to ask that it be extended during your divorce.

What Does a Financial Restraining Order Do?

A financial restraining order, also referred to as a temporary restraining order, is a way both parties in the divorce can protect their property. While it is particularly common in high-asset divorces, any spouse might want to consider pursuing one, especially if a person suspects their former partner will be irresponsible with their shared finances leading up to—and during—the divorce.

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 Posted on January 21,2020 in Alimony/Spousal Support

When you get divorced, you may be at a financial disadvantage, especially if you have been a stay-at-home parent or have been out of the workforce for a significant period of time. Fortunately, you may be able to receive spousal maintenance that will allow you to continue living at the standard you have come to expect during your marriage. One of the facets of spousal support that deserves special attention is reentry into the workforce. If you believe that you need education and/or training before you can begin working and supporting yourself, it is completely acceptable and reasonable to ask for financial assistance to help address these needs.

Reasons to Ask for Education Assistance Following Divorce

There are many reasons to ask that education assistance be included as part of a spousal support award. These include:

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 Posted on January 17,2020 in Alimony/Spousal Support

On January 1, 2019, a provision of the federal Tax Cuts and Jobs Act of 2017 went into effect that will impact divorce cases going forward. This law eliminated the tax deduction for spousal support in divorces finalized on or after that date. The effects of this change to the law are still being felt, and many long-term results have yet to be seen. In many cases, it has required people on both sides of a divorce involving spousal maintenance to be more savvy and resourceful when it comes to reaching a settlement.

How Has the New Law Affected Taxes on Spousal Maintenance?

For many years, maintenance (which is also referred to as spousal support or alimony) was taxed as follows:

• The spouse paying maintenance would be able to deduct the amount of support payments from his or her taxable income.

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 Posted on January 14,2020 in Alimony/Spousal Support

In Illinois, there are a variety of factors that are considered when determining whether to award spousal maintenance (also known as alimony or spousal support). However, it is important to understand that there are different types of spousal support, and the type of maintenance awarded may play a role in determining how to proceed if your or your ex-spouse’s situation changes following your divorce. Here are some guidelines to follow so that you know what to expect if you are ever faced with spousal support dilemmas:

The Types of Spousal Maintenance in Illinois

There are three types of spousal support that may be awarded in an Illinois divorce case:

1. Fixed-term maintenance—In these cases, the court will designate an end date on which spousal support payments will be terminated. This means that maintenance will be expected to be paid throughout the term, but once the term ends, the spouse providing support will no longer be obligated to offer any additional support.

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 Posted on January 10,2020 in Divorce

If you will be getting a divorce and expect to either receive spousal maintenance or provide spousal support to your former partner, you might want to know what a judge will consider when making a decision about who will owe what in terms of long-term maintenance and alimony. In cases where your and your spouse’s lawyers are working together to come to an agreement through collaborative law or mediation, knowing these factors might be even more helpful to you.

Deciding Factors In Spousal Support Determinations

While the following list is not exhaustive, these are the majority of the major factors taken into consideration when determining whether spousal support should be awarded in an Illinois divorce:

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 Posted on January 07,2020 in Divorce

In the year 2020, it will be much easier to change your name after a divorce. This is due in large part to a new law. There are many reasons why a divorced person might want to change their name, and certain steps must be followed when doing so in Illinois.

Why Change Your Name After a Divorce

There are many reasons you might wish to change your name following your divorce. Here are just a few:

• Liberation and “Fresh Start”—Being able to change your last name back to your original name or even an entirely different name of your own invention will grant you a sense of liberation. You will feel like you are taking steps forward in your new life without your spouse.

• An Easier Time Dating—While potential new partners will likely not know about your ex-spouse (at least not initially), you may still want to avoid associating yourself with your past relationship. When you begin dating, you will probably prefer introducing yourself with a name that does not carry negative associations or other “baggage” that may be attached to your married name.

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 Posted on December 31,2019 in Child Custody

In previous blogs, we have discussed the role that guardians ad litem (GAL) play in child custody cases. But GALs are not the type of only objective third party who can work to help judges and determine the best interests of children in Illinois. There are also child representatives and attorneys for children. While all three roles are very similar, there are a few distinct differences between them. It is important to know these distinctions in case a lawyer or judge thinks it is a good idea to appoint one for your child custody case.

The Three Roles and How They Are Different

The three roles of guardian ad litem, child representative, and attorney for children are very similar overall in Illinois law, and the terms are sometimes used interchangeably, even though this is inaccurate. However, each of these roles can serve a different purpose, depending on the case.

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 Posted on December 30,2019 in Child Custody

As you may know, child custody issues can be an ongoing concern long after a ruling is made in court. From allocating parental responsibilities and enacting a parenting plan to coordinating court-ordered parenting time and providing for your child’s needs, continued custody of your child can be quite a balancing act, particularly in cases where you do not have primary custody. What is more, it is an even greater challenge when the other parent is irresponsible, uncooperative, or—in the worst cases—abusive. But how will you know if that parent is abusing your child? Here are some types of child abuse that can occur, the signs of child abuse to watch out for, and some actions that you can take to ensure the safety of your son or daughter, including modification of child custody orders:

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