Blog

Recent Blog Posts

What if My Ex-Spouse Violates a Court Order in Our Illinois Divorce?

Posted on August 30,2019 in Divorce

After your divorce is complete, your marriage will be legally dissolved, and you and your ex-spouse will go your separate ways. However, you may still be required to remain in contact with each other, especially if you have children together. In some cases, the enforcement of court orders may be necessary if one party does not meet their legal requirements. If your ex-spouse violates your divorce order, you may be able to take legal action against him or her.

Factors That Influence Court Orders

Allocation of parental responsibilities, child support, spousal support/maintenance, and division of property are some of the most common topics addressed in a divorce decree. The final decisions on these issues may have been made using negotiation, mediation, or collaborative law, or some decisions may have been left up to the judge. Regardless of how these matters were settled, upon the finalization of the divorce, the terms of the decree become a court order that both spouses are required by law to follow.

How to Help Children Cope After a Divorce in Illinois

Posted on August 29,2019 in Divorce

When you and your spouse decide to get a divorce, this decision may have come after careful deliberation and, in some cases, extensive marriage counseling. Each divorce is unique, and your breakup will undoubtedly impact your children in various ways. How your children respond may depend on their age, their personality, and the circumstances of the divorce. The initial reaction is often shock, anger, sadness, or fear. While dealing with these emotions can be difficult, there are ways you and your ex can help your children adjust during this major transition. As with anything in life, going through a divorce can be a learning experience for all involved parties. The coping mechanisms that your children learn for dealing with stress during your divorce may help them grow up to be more flexible, accepting adults.

What Are the Benefits of a Prenuptial Agreement in Illinois?

Posted on August 23,2019 in Divorce

Filing for a divorce, legally referred to as a dissolution of marriage in Illinois, can be a burdensome process that requires vast amounts of time, money, and effort from both parties. Ending a marriage requires the division of property, real estate, and businesses, as well as settling issues related to custody of children. Fortunately, some of the disputes surrounding these matters can be avoided through the use of a prenuptial agreement, or prenup. Prenuptial agreements have a negative connotation in some people’s minds; however, many divorce attorneys would recommend this type of agreement for any couple planning on getting married. Taking steps to determine how assets will be divided and how other matters will be settled ahead of time could save countless hours of arguing during the stressful and emotional divorce process.

Which Parent Pays for College in an Illinois Divorce?

Posted on August 21,2019 in Divorce

The price of a college education these days can exceed six figures for a four-year degree. According to the College Board, the average cost of tuition and fees in 2017–2018 was $34,740 at private colleges, $9,970 for in-state students at public colleges, and $25,620 for out-of-state students at public universities. Those figures are for one year, and they do not include post-graduate degrees. Considering the expense of a college education, it is essential for parents who are getting a divorce to understand their options when determining who will pay for these costs.

Illinois Divorce Laws

The law states that parents may be required to contribute to the education of the child “as equity may require,” which means a fair division of the expenses. In the majority of divorces, the two parties create a written settlement agreement. This agreement typically, but not always, states how the parents will contribute toward their child’s educational costs. In many cases, the major considerations are:

What Are Parenting Time Rights in an Illinois Divorce?

Posted on August 13,2019 in Child Custody

Going through a divorce can be difficult on an adult as well as a child. The end of a marriage also means the end of the family unit as they knew it. Determining child visitation, now referred to as “parenting time” in Illinois, can be a complicated matter. The child’s best interest is what the court considers when parenting time rights are being established in any divorce settlement. Parenting time can be divided in many different ways, but it is imperative that the parents keep personal preferences out of the equation and devise a plan that works best for the child.

Determining the Child’s Best Interests

It is recognized by the state that in most cases, it is best for children to have a healthy relationship with both their mother and father, and those familial bonds are essential in their development. While parents may be able to reach an agreement on how to share parenting time, they may need to settle these issues in court if they cannot do so on their own. A judge will consider various types of information when determining the best outcome for the child, and the following elements are taken under advisement:

Should I File for Bankruptcy During My Illinois Divorce?

Posted on August 09,2019 in Divorce

Money issues can often cause a marriage to fail if two spouses constantly argue over finances. A divorce in itself can be expensive, and it can add to what was already a significant financial burden. Filing for bankruptcy is one way that allows people struggling with debt to wipe out certain obligations and obtain a fresh start. Bankruptcy is a legal process through which people who cannot repay debts to creditors may seek relief from some or all of their obligations.

Chapter 7 and Chapter 13 are the two main types of bankruptcy people typically file. Each offers different benefits, but it is important to know that while bankruptcy can stop most collection actions against someone, it does not eliminate all types of debt. Choosing the option that is best for your situation depends on several factors, including income, property, and future goals after a divorce.

How Can I Protect My Credit Score During My Illinois Divorce?

Posted on August 07,2019 in Uncategorized

Going through a divorce can be stressful, and it can have a significant emotional and financial toll on your life. You may not necessarily consider how ending your marriage can affect your credit score until you see the effects of a decrease when applying for a loan or credit card.

Your credit score refers to a number that is based on an analysis of your credit information, and this number represents your creditworthiness. That is, your credit score reflects the probability that you will repay a debt or loan, such as a mortgage. According to FICO, which calculates credit scores in the United States, the amount of debt you have makes up 30 percent of your credit score. Therefore, the lower your debt, the higher your credit score. Protecting your credit during your divorce is essential for maintaining a secure financial future.

How Can a Child Support Order Be Modified in Illinois?

Posted on August 01,2019 in Child Support

After you have gone through a divorce and are paying or receiving child support, there may come a time when you believe the amount you pay or the child receives should be adjusted. In Illinois, this may be done through a modification review process.

When Can I Have My Child Support Order Modified?

Under Illinois family law, an order for child support is eligible for modification review every three years, or when there is a significant change in either parent’s income or in the needs of the child. In the case of a three-year review, a parent will receive a letter from the agency in charge, informing them of the right to request a review.

Who Conducts the Modification Review?

Modification reviews of child support orders in Illinois are done by the Illinois Department of Healthcare and Family Services (HFS), Division of Child Support Services (DCSS). The agency is tasked with the responsibility to make sure child support orders are consistent with applicable Illinois law and changed circumstances involving all concerned.

What Happens to Pets in an Illinois Divorce?

Posted on July 31,2019 in Pets in Divorce

For couples who have decided to get a divorce, one issue that may catch them unprepared is how to deal with the family pet, if they have one. In some cases, a pet may be beloved by both spouses, and neither one can imagine life without it. The law, of course, provides guidelines on how to deal with issues involving children of divorcing parents, and decisions about the allocation of parental responsibility and parenting time are made based on what is in children’s best interests. However, pets are often a different story.

Changes to the Laws on Pet Ownership After Divorce

While divorce has been around for a long time, new and increasingly complex issues often arise in divorce cases. As a result, legislatures must pass new laws to address or respond to these new issues. Illinois is no exception, and one area the legislature has recently addressed is pet ownership after divorce.

How Can a Child Support Order Be Modified in Illinois?

Posted on July 31,2019 in Uncategorized

After you have gone through divorce and are paying or receiving child support, there may come a time when you believe the amount you pay or the child receives should be adjusted. In Illinois, this may be done through a modification review process.