Posted on July 30, 2018 in Child Custody

If you currently share custody of children with an ex or are planning to get divorced as a parent, you probably have many questions. Some parents wonder what will happen if they need to move out of state while in a shared custody scenario. Perhaps a job opportunity or new significant other necessitates the move, or maybe the parent wants to be near extended family. Whatever the reason, moving out of state as a parent sharing custody is possible, but there are a few things you should keep in mind.

You Will Need Approval from the Illinois Court System

The Illinois Marriage and Dissolution of Marriage Act specifies the procedure for when a parent wishes to move out of state. Before a parent in a shared custody scenario can relocate a child from Illinois to a new state, he or she must seek court approval. The primary custodial parent is the parent with more parenting time. Many people incorrectly assume that a primary custodian has the authority to move a child at will, but this is not the case. Both the primary guardian of the child as well as the other parent sharing custody are subject to this requirement. The court is tasked with hearing the reasons a parent wants to move as well as determining if relocating the child is in his or her best interest. The burden of proving that the move is in the child’s best interest lies with the parent requesting the relocation.

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 Posted on July 24, 2018 in Divorce

A divorce can be an extremely expensive undertaking in terms of both money and time invested. As a matter of fact, most individuals who are thinking about a divorce tend to ask about the associated costs as one of their first questions. It is impossible to predict exactly how much your divorce will cost you, as the related expenses can vary dramatically from case to case. Your costs will largely depend on the circumstances of your situation, the level of cooperation between you and your spouse, and your expectations regarding the outcome.

Planning Ahead

Preparation is among the most important ways that you can facilitate a cost-effective divorce. Your planning should begin several months before you file your divorce petition. To begin, make a comprehensive list of what you own, including both marital and non-marital property, and think about what your priorities are. Decide which things you want to keep, which things your spouse can have, and which things could go either way. If both of you agree that a divorce is your best course of action, you may be surprised at how well can cooperate at this point.

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 Posted on July 20, 2018 in Alimony/Spousal Support

While times have changed and there is no longer a cultural expectation for a parent—usually a mother—to sacrifice their career and stay home to raise a couple’s children, many couples choose such an arrangement. A stay-at-home parent plays a very important, and often underestimated, role in not only the lives of the children but in the running of the household as well. A divorce, however, can have a significant impact on a stay-at-home parent, as the parent may face serious financial concerns. If you are a stay-at-home parent facing the possibility of a divorce, there are some options that could help minimize the impact of the split.

Maintenance Laws in Illinois

The primary method of helping stay-at-home parents after divorce is called “maintenance” in Illinois law. Also known as alimony or spousal support, maintenance refers to payments made by one spouse to the other following a divorce. Under Illinois law, maintenance is not automatic and it is only awarded when the parties agree to it or the court determines that a need for it exists. You being a stay-at-home parent might be a major consideration, but there are other factors that the court must take into account as well, including:

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 Posted on July 17, 2018 in Divorce

If you are considering a divorce or you have made the decision to end your marriage, you may be getting all sorts of advice from family members and friends. There is a good chance that some of them have recommended hiring an attorney—and they probably have just the right lawyer for you. While whatever attorneys they have in mind may have helped them in the past, you need to select a divorce attorney who is the best fit for you and your situation.

At our firm, we encourage potential clients to ask as many questions as they would like and to learn more about our lawyers before making any decisions. During these conversations, many individuals ask similar questions—questions are that extremely important in helping people choose a lawyer and a law firm. It is up to you to decide what constitutes a satisfactory response, but the lawyer you select should be able to answer questions such as:

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 Posted on July 12, 2018 in Divorce

Right this moment, you can probably think of at least one couple that you know who are living separately but who have not yet filed for divorce. When a couple is having marital problems, it is not uncommon for one spouse to find a new place to live while making decisions about the future of the relationship. This happens so frequently that most people would not consider filing for a divorce while continuing to live in the same home as their partner.

It is important to understand that just because something happens frequently does not make it a requirement. You might be somewhat surprised to discover that the law in Illinois previously required a period of living separate and apart prior to a divorce, but the requirement no longer exists. Today, a couple looking to get divorced could potentially do so without any type of separation at all.

An Antiquated Approach

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 Posted on July 10, 2018 in Divorce

The Holmes-Rahe Life Stress Inventory ranks the emotional burden of difficult life events. On the list are things like the loss of a loved one, getting fired from a job, and changing careers. Divorce is ranked as the second-most traumatic life event a person can experience. Only the death of a spouse is considered more emotionally-taxing than divorce. If you are going through a divorce, or soon will be, it is imperative that you take time to look after your own health—both physically and emotionally. There is no perfect way to manage the trauma caused by divorce, but experts do have suggestions for keeping yourself as healthy as possible during divorce.

Accept That There Is No Right Way to Feel

Everyone experiences divorce differently. Some individuals are consumed by rage and must constantly check their anger while handling the end of their marriage. Others experience sadness and grief akin to suffering the death of a loved one. Still others feel a great sense of relief or even joy at the thought of ending an unhappy marriage. Whatever your feelings or reactions to the end of your marriage, know that it is okay to feel them. You will probably not experience divorce the same way your friends, family members, or co-workers do. If you are struggling to handle the intense emotions which go along with divorce, guidance from a therapist or counselor can be valuable.

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 Posted on July 06, 2018 in Divorce

If your spouse has filed a petition for divorce, he or she had the choice of where the file the petition. This means that your spouse selected the county in which the proceedings for your divorce will take place. You may be somewhat surprised to know that you are not necessarily stuck with the choice your spouse made. He or she may have initiated the divorce action, but you have the right to file an objection to the selected venue. You do, however, need to act quickly.

Understanding Venue

In the practice of the law, the word “venue” means the court system where a given case is heard. It can refer to a county court or a federal district court, but for a divorce in Illinois, a case will be heard in the circuit court of the selected county. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides that a divorce case should be held in the county where at least one of the spouses lives. For example, if the couple has separated, and the wife moved to DuPage County while her husband moved to Will County, the law presumes that the couple will for divorce in either of those counties.

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 Posted on July 02, 2018 in Prenuptial and Postnuptial Agreements

Prenuptial agreements, also called premarital agreements or “prenups,” are beneficial legal tools couples can use to manage and protect assets. Although they are often associated with celebrity marriages, prenups are not only for the rich and famous. Anyone can benefit from the protections offered through this valuable legal tool, but those who choose to create a prenup must be sure to do it correctly. It is not uncommon for a couple to think that they have a legally-binding prenuptial agreement only to discover it is unenforceable during a divorce. There are several circumstances which can invalidate a prenuptial agreement.

Prenups Must Meet Certain Criteria to Be Legally-Binding

You may remember the outrageous comedy movie Liar Liar. In the film, Jim Carrey’s character is a divorce attorney helping a less-than-ethical client divorce her husband. Although the movie is filled with exaggerations and inaccuracies, the clip in which the client’s prenuptial agreement is found to be invalid in court is fairly realistic. The client had entered into a prenuptial agreement with her husband upon getting married, but it was discovered that she was only seventeen-years-old when she signed it. Minors cannot enter into legally-enforceable contracts such as a prenuptial agreement. So, if one or both of the individuals were under age 18 upon signing the prenuptial agreement, it will not be valid.

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 Posted on June 29, 2018 in Divorce

Being cheated on can be one of the most devastating experiences a person can have. The feeling of betrayal and subsequent mistrust can easily ruin a marriage. If you are considering ending your marriage due to infidelity, you probably have many questions. You may wonder, “Will my spouse’s affair affect our divorce?” or “Will I automatically get custody of the children if my spouse cheated?” There have been several changes to Illinois divorce law in the last few years which directly relates to questions such as these. Read on to learn how an affair can affect divorce proceedings in Illinois.

Unfaithfulness Generally Irrelevant to Illinois Divorces

In TV shows and movies, we often see situations in which a cheating spouse loses everything because of their adulterous actions. We see those who have been cheated on boldly declaring that they will never let their spouse see the children again or that they will lose the house because of their affair. As with many legal concepts in television, this portrayal of what happens when a marriage ends due to infidelity is grossly inaccurate. The reality is that affairs generally do not have much relevance in divorce cases.

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 Posted on June 28, 2018 in Child Custody

Study after study has shown that children thrive with both parents in their lives. Except for cases involving domestic violence or abuse, having two parents involved in a child’s upbringing is generally greatly beneficial. Even parents who are not married or have gotten divorced are able to work out shared parenting schedules which allow them to both be positive influences to their child. However, according to a new study, Illinois fathers are not enjoying as much parenting time as other fathers around the nation.

Study Investigates Shared Parenting Across the Country

A study has recently been published that puts Illinois fathers at 47^th out of 50 states in terms of the amount of custody they have. Illinois children in shared parenting scenarios only spend about 23 percent of their time with their fathers. The study was conducted by a software company called Custody X Change which creates apps for divorced parents. Researchers compiled data about parenting time arrangements through a survey of legal professionals across the country. This particular study only included shared parenting scenarios in which both parents desired to have custody of their children and excluded cases involving custody restrictions due to criminal convictions.

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