Posted on January 03, 2019 in Divorce

Adjusting during and after a divorce is often difficult for children. Experts believe children adapt better to life after a divorce when they continue a relationship with both parents. Illinois lawmakers agree and have several legal guidelines in place to prevent the unnecessary separation of children from their parents. However, we understand that no two situations are identical, and in some cases, it is in the best interest of the child to relocate.

Before packing your bags, consider these laws if you are weighing your options for a possible upcoming relocation:

Local Moves

The primary focus of child relocation laws is to uphold the best interests of the child without infringing upon the rights of either parent. These regulations also serve as a strong reminder that relocating with a child should not be taken lightly. With that, if you live in DuPage County or the surrounding areas, you do not need the approval to move so long as you remain within 25 miles of the original residence.

Continue Reading ››

 Posted on December 31, 2018 in Divorce

Stress and extreme emotions frequently coincide during the process of divorce. Occasionally, statements made during the “heat-of-the-moment” are later regretted. In many cases, these statements are emotionally painful but do little damage otherwise, so long as they remain private. However, if these statements do become public, they can destroy reputations and businesses alike. If your ex made false statements about you during your divorce, can you sue them for defamation of character?

Defining Defamation

Before determining if your ex is financially responsible for the harmful things they said during your divorce, it is essential to understand what constitutes defamation of character. Defamation is writing or saying something untrue and derogatory about someone else, with these statements resulting in substantial loss or injury. In a defamation lawsuit, you must satisfactorily prove your ex is guilty of all six of the following actions:

Continue Reading ››

 Posted on December 26, 2018 in Divorce

When you divorce, everything earned during the duration of your marriage becomes marital property and is divided between the two parties, including any business started during that time. What happens to this investment depends on the specifics of your situation and applicable state laws. Divorce business valuation and the preferred standard of valuation varies by state, in addition to whether they consider personal goodwill as a marital asset.

Here we will discuss general guidelines regarding Illinois law and business values but is not intended as a substitute for direct legal advice. For specific information regarding your case, address your concerns with an experienced DuPage County divorce attorney.

What is a Standard of Valuation?

Continue Reading ››

 Posted on December 21, 2018 in Divorce

The first thought that often comes to mind for many people once divorce becomes a reality is, “Who is moving out?” The idea of staying in the same city, let alone the same house, is typically too overwhelming to bear, and someone decides to leave the residence. Before you pack your bags and head for the door, you may want to reconsider.

Door May Not Reopen When Leaving Home During Divorce

Sometimes the feel, noise, and finality of slamming door are satisfying. The motion brings a physical release and closure to a heated argument loaded with emotion. However, if you walk out that door, you may not be able to get back in, and your ex-spouse then has possession of everything inside.

If you are both in the home and neither of you want to leave, your spouse would have to ask the court to have you removed from the house, which takes time. Usually, with a “stay away” order, a judge only removes an individual if they are found guilty of domestic violence or are in some way endangering their ex and children.

Continue Reading ››

 Posted on December 19, 2018 in Child Support

In Illinois, parents no longer have “custody” of minor children. Instead, parents claim “parenting time” and “decision-making authority” for their kids. These terms replaced custody in 2016 when Illinois made drastic changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA).

Some parents believe if they share an equal amount of parenting time, the estimated child-related expenses should be the same, and that neither party should pay child support payments. However, Illinois court disagree.

Let’s explore the influential factors for determining child support payment amounts,

and why equal parenting time may not negate its necessity.

Child Support Calculator in Illinois

During the legal overhaul in 2016, Illinois shifted focus away from what was most comfortable for the parents to what is in “the best interests of the child.” This verbiage repeats itself continually throughout the new laws, including in the determination of child support payments. The law holds both parents accountable for the support of the child, rather than the formerly-titled “non-custodial parent.” Now, calculations include how much each parent financially contributed to the household during the marriage, which allows children to enjoy the same amount of financial support as when the parties were married and living in the same home. Factors a judge will consider include:

Continue Reading ››

 Posted on December 17, 2018 in Divorce

During the divorce process, which can last more than a year in some cases, many people seek new companionship. If you are not officially divorced, however, you are still legally married and should be conscious of potential repercussions.

The idea of "almost divorced" does not exist; either you are divorced or you are not. Now that you and your spouse have decided to split, it may seem like the ideal time to boost your self-esteem and pursue potential love interests, but doing so can have negative implications.

Why Not to Date During Divorce

Divorces are very taxing, emotionally and physically. You often feel a drastic decline in self-esteem. You may feel ready to move on. Your friends might even encourage you to find someone new to help you "get over" your ex-spouse. Acting on this temptation, however, can backfire.

Continue Reading ››

 Posted on December 12, 2018 in Child Custody

Dealing with divorce and separation can be tricky around the holidays, especially when children are involved. Kids may focus on their memories of Christmases past and struggle with their emotions as they adjust to the way their lives have changed this year. Rather than allowing the holiday season to become filled with anger, resentment, sadness, and stress, it is your duty as a parent to generate excitement for this season, giving the gift of joy to both your children, and even to your ex, by creating a parenting time arrangement that works for everyone.

Here are a couple of tips for making that possible:

Do Not Make Children Choose

You and your spouse may disagree about who gets to have parenting time on Christmas Day. Perhaps you cannot come to a civil agreement, because the holiday is equally important to each of you. Whatever you do, do not put the burden of choice on your children. Holiday parenting schedules should be outlined in your parenting time agreement to avoid any confusion.

Continue Reading ››

 Posted on December 10, 2018 in Same Sex Marriage in Illinois

Prior to the 2015 Supreme Court case Obergefell v. Hodges, which legalized same-sex marriage in the United States, many same-sex couples entered into a domestic partnership. However, this term has been sunsetted in Illinois, meaning the laws regarding these relationships have been terminated. Both same-sex couples and opposite-sex couples now have a choice between civil unions and marriage.

If you hold a Domestic Partnership Certificate, you do not automatically qualify for the rights that married spouses enjoy, such as benefits, survivorship, or ownership rights. Your domestic partnership is still a matter of public record, thus maintaining its validity; however, no future Domestic Partnership Certificates will be issued. The term “domestic partnership” now refers to an informal, long-term, committed relationship rather than a legally binding union.

Continue Reading ››

 Posted on December 05, 2018 in Divorce

Whether you and your spouse have discussed the possible end of your marriage in detail or you are silently debating your options, once divorce becomes inevitable, there are several steps you need to take to protect your interests during the divorce process. Before filing, set yourself up for success with these tips:

1. Begin Building Your Credit

Spouses often discover post-divorce that they have built up their spouse’s credit while neglecting their own. Without a good credit score, down payments for utilities and housing are often significantly higher, if you are able to get approved in the first place. Open a credit card now and use it to make small purchases that you can pay off each month. The goal is not to create a pile of debt; it is to prepare yourself for future success.

Continue Reading ››

 Posted on November 30, 2018 in Prenuptial and Postnuptial Agreements

Marriage is more than love and romance. The union is comprised of many facets, not the least of which is the financial component. One must remember that above all, marriage is a legal contract, and unless an agreement exists stating otherwise, "What is mine is yours" is the general rule that will be followed. Under Illinois law, any property or debt acquired during a marriage is considered marital property, meaning both parties have an equal claim to these assets in the case of divorce. Although this may seem trivial when everything is sunshine and rainbows during a marriage, it can be extremely detrimental should the union fail. To address these issues, a postnuptial agreement can protect your interests if your relationship encounters difficulty.

A Logical Look to the Future

Continue Reading ››