How Does a Spouse’s Incarceration Affect an Illinois Divorce?

 Posted on November 05, 2019 in Divorce

If a spouse is currently in prison, divorce is an important decision that the couple may consider. The complex feelings and consequences of seeing a husband or wife go to prison can be overwhelming. In addition, the couple’s children will find it especially challenging to live without their incarcerated parent. This is why, depending on the situation, divorce might be the best option. There are many other reasons to initiate a divorce under these circumstances, and there are steps to take to ensure a seamless legal proceeding.

Reasons for Divorce During Incarceration

Studies suggest that incarceration increases divorce rates, and even if the inmate is released from prison, the marriage might still be more susceptible to divorce long thereafter. In fact, for every year a spouse is in prison, the likelihood of divorce during or after imprisonment increased by about 32 percent. There are many reasons for a divorce between one spouse and an incarcerated spouse, including:

Continue Reading ››

Are There Different Types of Spousal Support in an Illinois Divorce?

 Posted on November 01, 2019 in Divorce

Financial issues often play a major factor throughout a marriage, and they can even cause a couple to divorce. In some cases, a couple may get used to a certain lifestyle during the marriage. Whether one spouse earned a substantially higher income, or the other spouse stayed home to raise children, a divorce can significantly impact their situations moving forward. When going through a divorce, spouses may wonder about the aftermath and how they can move on. Some of the typical fears are: “Can I afford to stay in the house?” or “How will I be able to pay bills?” Under Illinois law, one partner may be able to seek spousal maintenance once the marriage ends. A court will consider several factors when determining whether to award maintenance and what kind of payments are necessary.

Continue Reading ››

What Mistakes Should I Avoid in an Illinois Divorce?

 Posted on October 31, 2019 in Divorce

If you are facing a divorce, you are likely to be plagued with feelings of doubt and uncertainty. While there is no “correct” way to go about the process of ending your marriage, you will want to be sure to address the various legal issues between you and your spouse in a responsible manner. The many decisions that must be made about matters such as the division of assets, marital debt, spousal support, and parental responsibilities could lead to you feel overwhelmed. Although you may be eager to resolve these matters and get the divorce process over with, it is strongly advised to carefully think out every action you take. If certain issues are handled improperly, you may face serious financial repercussions, and your relationship with your children could be negatively affected. During your divorce, it is important to avoid these mistakes:

Continue Reading ››

Can a Parent Relocate With a Child After an Illinois Divorce?

 Posted on October 30, 2019 in Child Custody

A divorce under any circumstances can be difficult, and when a couple has a child, that can further complicate the process. Typically, parents do not want to give up time with their child once the marriage ends, but changes to children’s and parents’ schedules are a reality of divorce. One parent may be allocated the majority of the parental responsibilities. However, the other parent does have a right to parenting time, which can be addressed with a parenting plan. In some cases, one of the parents may wish to move out of state to be near family members or due to a job transfer or new career opportunity. Depending on the circumstances, child support or parenting time may need to be modified. Therefore, it is important to ensure that parental rights are not violated in any way.

Continue Reading ››

Can a Divorced Parent Travel Internationally With a Child?

 Posted on October 24, 2019 in Divorce

Many families enjoy traveling together, and visiting another country can provide parents and children with an amazing experience that allows them to embrace new cultures. However, when a divorced parent plans to travel internationally with their child, this can raise concerns and legal issues. The other parent may worry about the risks the child may face and how international travel will affect their parenting time. If either parent plans to travel with their child to another country, they will need to ensure that the proper legal procedures are followed.

International Travel Restrictions for Children

When a child is preparing to go on an international trip, certain precautions must be taken before he or she can leave the United States. The child will need a passport for international travel just like every other person. However, there are additional processes that must be followed. If a child under the age of 16 applies for a passport, both parents must:

Continue Reading ››

What if My Spouse Is Hiding Assets During Our Illinois Divorce?

 Posted on October 17, 2019 in Asset Division

When a couple reaches the point where their marriage is irretrievably broken, they will likely seek a divorce. The process of legally ending a marriage can be complicated, especially if there are a lot of issues to resolve. If spouses are argumentative or bitter, this may only further complicate matters. Part of the divorce proceedings involve dividing any marital property or assets. In some situations, one of the spouses may try to hide monetary funds or other valuable possessions. A study by the National Endowment for Financial Education found that 31 percent of spouses with combined assets report they were deceptive about money, and 58 percent of those people admitted to hiding money from their partner or spouse. In divorce cases involving hidden assets, it is imperative to hire professional legal assistance to uncover such deception.

Continue Reading ››

Can Visitation Rights Be Granted to a Non-Parent in Illinois?

 Posted on October 10, 2019 in Child Custody

Siblings, grandparents, great-grandparents, and stepparents can play a critical role in a child's development. Bonds formed between a child and his or her family members can produce memories that will be cherished for a lifetime. Sadly, in cases of divorce, or when other conflicts or disagreements arise between extended family members, one or both parents may decide to end a relationship between a child and his or her relatives. While divorce may bring out the worst in people, it is important to remember that a child's best interests should be protected throughout the process. If a parent’s actions have had a negative impact on the relationship between the child and other family members, grandparents or other relatives may wish to take legal action to ensure they can remain in a child’s life. In these cases, an attorney can help family members determine their options for pursuing visitation rights.

Continue Reading ››

Tips for a Successful Collaborative Divorce in Illinois

 Posted on October 07, 2019 in Divorce

While the divorce process can be difficult, some couples may be able to work together to end their marriage as amicably as possible. Collaborative divorce is an alternative dispute resolution process where spouses and their attorneys work together cooperatively to negotiate an equitable settlement. The focus is on problem-solving based on the couple’s individual and shared values without having to go to court. There are many benefits to a collaborative divorce, but it may not work for everyone. A couple needs to be willing to compromise on certain issues in order to make decisions without a judge getting involved.

Benefits of Collaborative Law

A collaborative divorce has many advantages, and the primary benefit is the ability to avoid going to court to resolve disputes through litigation. Some of the other benefits of using a collaborative form of divorce include:

Continue Reading ››

What Will a Judge Consider When Creating a Parenting Plan?

 Posted on October 02, 2019 in Child Custody

The health and well-being of a couple’s child should always be a top priority when ending a relationship or going through a divorce. During this process, a parenting plan will be created to make decisions and establish rules that the parents should follow regarding issues such as the allocation of parental responsibilities and parenting time. Parents can save a lot of time and money by working together and addressing these matters prior to facing a judge. However, if a couple cannot come to an agreement, the judge will be required to make legally binding decisions that would reflect the best interests of the child.

Decision-making Responsibilities

Continue Reading ››

When Is an Order of Protection Appropriate in a Family Law Case?

 Posted on September 30, 2019 in Family Law

Domestic violence is unfortunately a common reason as to why a person would seek a divorce and request assistance from the law. An order of protection may be obtained if an individual is fearful for his or her safety or well-being. If a person’s former spouse does not adhere to the terms of this type of court order, consequences such as fines and/or jail time could result.

What Is an Order of Protection?

In the state of Illinois, an order of protection is a civil court ruling that provides a safeguard for victims of domestic violence or other crimes. These protective orders can be procured on an emergency basis when an individual is likely to be the victim of injury or abuse. An order of protection falls under what is known as the Illinois Domestic Violence Act. This law offers protection to victims that are abused by a family or household member, which can include:

Continue Reading ››