Posted on December 07, 2017 in Child Support

Child support in Illinois used to be calculated as a percentage of the income of the non-custodial parent or the parent with fewer parental responsibilities. The law, however, was roundly criticized by many for being inequitable and for placing an unfair burden on the non-custodial parent. On July 1, 2017, a new law went into effect that has improved the efficiency and fairness of how child support is calculated.

The Old Law

Under the old law, there were two main factors in determining the amount of support to be paid: the income of the paying parent and the number of children to be supported. Critics found this unfair not only because paying parents did not get credit for the money they spent on their children but also because the law effectively punished a supporting parent financially for spending time with his or her child.

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 Posted on December 01, 2017 in Family Law

In U.S. constitutional law, there is a concept called "full faith and credit." It comes from Article IV, Section 1 of the Constitution, and it basically establishes that decisions made in one state must be honored in other states unless doing so would be in direct conflict with to their own laws. While "full faith and credit" is not a concept from family law, the basic concept does still hold true in that generally, decisions and orders from one state must be followed in all the others. This also applies to many (though not all) directives from foreign countries. If you have had any reason to deal with an international divorce, adoption, or another cause of action, you may have a case to bring suit for the harm you suffered, for all the good it may do.

Divorces

Some people mistakenly believe that it is not possible to divorce outside of the state you were married in, but this is not the case, at least according to Illinois law. It is possible to divorce anywhere, and most of the time, that divorce will be honored, though there is no specific law demanding that it be. There is nothing to lose and much to gain by honoring a divorce obtained in another country, though there are certain characteristics that may jeopardize that decision. For example, a divorce from a country such as Pakistan that does not recognize U.S. decrees of this nature may not be honored in the U.S. because of a lack of reciprocity. Another reason is if the divorce was obtained in a religious court or under religious law.

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 Posted on November 30, 2017 in Divorce

The process of divorce is unlike other many legal matters in that it is deeply personal. A person may spend years or even decades deciding if they should file for divorce or not. Couples may try marriage counseling, trial separations, or endure hours of uncomfortable conversations before reaching the decision to divorce. With all of this emotional turmoil and stress, some individuals seeking a divorce may jump into it without properly preparing. However, taking time to ready yourself and formulate a plan before starting the process can save a great deal of unnecessary stress. There is no way to ensure that your divorce will go perfectly with no difficulties at all, but there are some things you can do to prepare for the divorce process.

Prepare Yourself Financially

Most people who divorce experience a dramatic change in their financial status. They may be forced to live on less income than they previously did, or they may now be responsible for spousal support or child support payments. Furthermore, in many marriages, one of the spouses was in charge of the household finances more so than the other. This means that many individuals who get divorced will need to learn to pay bills, make financial decisions, create a budget, pay taxes or face other unfamiliar territory. Do not be afraid to seek assistance with these challenges. Some people, especially those with complicated financial situations, choose to meet with a financial adviser in addition to an attorney when filing for divorce.

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 Posted on November 28, 2017 in Child Support

If you or your spouse is an active duty member of the U.S. military, there are some issues regarding which different rules must be followed during a divorce. One of these includes the issue of support payments or lack thereof. For example, a civilian might conceivably face garnishment of his or her pay or, in an extreme case, jail time, but an active duty service member has extremely important obligations that preclude such a punishment in most situations. Still, there are methods available that could help you to receive the support payments you are due.

Interim Guidelines Can Be Used

Because active duty personnel may be stationed overseas, they are often unable to appear in court to discuss issues like child support. While such matters are strictly civilian in nature, they are important enough that a spouse is generally given a chance to argue on his or her own behalf in discussing the. Each branch of the military service has established its own set of interim support guidelines that, if implemented, are used until the active duty spouse’s current tour ends. Then, he or she can then appear in court to discuss a more long-term support arrangement.

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 Posted on November 24, 2017 in Divorce

The truth is that not every marriage will last forever, and in some cases, this is a good thing. Sometimes, people in a marriage realize that it would be better if they were no longer married. They may be simply no longer in love with each other, have grown apart, or one spouse does something that the other spouse cannot accept, such as have an affair. Oftentimes, one person in the relationship starts considering divorce before the other does. In such a case, it can be extremely difficult for the spouse seeking a divorce to tell their partner of their decision. There is no perfect way to tell your spouse that you want a divorce, but experts do have some advice to help make the conversation more effective and less painful.

Have a Plan and Remain Calm

Firstly, it is important to have the conversation with your spouse at a time that you are alone and there are not distractions. If you have children, wait until they are not around to break the news. Try to have a calm, non-aggressive attitude. The process of telling your spouse you want a divorce is often one of the most difficult and agonizing conversations a person can have. Getting overly emotional will only cause the conversation to become an ineffective fight or cause one of the spouses to become overwhelmed.

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 Posted on November 17, 2017 in Divorce

Does your spouse often attempt to control or manipulate you in a malicious way? Does he or she dismiss your feelings as unimportant or nonsensical? Do you ever feel like you are losing your sense of self and only living to please your demanding and unreasonable spouse? If you, you may be married to a narcissist.

The term narcissist technically refers to those with a mental illness called Narcissistic Personality Disorder (NPD) but is often also used to describe those individuals who have some of the characteristics of a person with NPD. The Diagnostic and Statistical Manual of Mental Disorders defines the criteria for an NPD diagnosis. Individuals with Narcissistic Personality Disorders often exhibit behaviors such as:

• Having an Exaggerated Sense of Self-Importance: Narcissists are often very full of themselves. They believe that their accomplishments are more important than those of others and that they are superior to those around them. They have grandiose perceptions of themselves and do not appreciate when others do not share these perceptions. This often manifests into behavior like making every conversation about himself or herself, or craving to be the center of attention at all times. Narcissists may also indulge in unrealistic fantasies of success, fame, power, or wealth.

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 Posted on November 15, 2017 in Divorce

You may realize that divorce is technically a lawsuit that results in the end of a legal marriage. You may also know that in order to file a lawsuit, you must have a cause for legal action. In a car accident case, for example, property damage or bodily injury gives a person cause to file suit against the liable party. From the standpoint of the law, a divorce is no different. So, what are the causes that give a person the ability to file a petition for divorce? Causes of action in divorce proceedings are known as grounds, and the number of possible divorce grounds might surprise you.

Irreconcilable Differences

Since changes to the Illinois Marriage and Dissolution of Marriage Act went into effect in 2016, there is exactly one cause of action for a divorce in Illinois. All divorces in the state are now granted on the grounds of irreconcilable differences. More specifically, the court may only grant a divorce if that "irreconcilable differences have caused the irretrievable breakdown of the marriage." In addition, the court must also find that efforts at saving the marriage would be "impracticable and not in the best interests of the family.

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 Posted on November 09, 2017 in Asset Division

When two people get married, they often choose to combine all of their financial interests. They may have joint checking and savings accounts, put both names on loan documents and titles, and generally consult with one another about major purchases. Other couples may elect to keep things more separate. These couples may have joint accounts to be used for household bills and other expenses, but they may also have investments or property held in their own names. Whichever option a couple chooses, a divorce may leave more property subject to division than many people realize.

What the Law Says

If a divorcing couple is able to reach a reasonable agreement regarding the division of property, the court will approve the agreement without much a problem in most cases. If the couple cannot agree, however, Illinois law says that a court has the authority to divide the couple’s marital property in a manner that is equitable and just—not necessarily equally. Only marital property is subject to division in a divorce, and determining what constitutes marital property is the first step of the property division process.

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 Posted on November 08, 2017 in Child Custody

In about two weeks, families throughout the United States will get together to celebrate the Thanksgiving holiday. As you might expect, traditions often vary from one family to the next, but for most people, the most important part of the holiday season is the opportunity to visit with friends and loved ones—many who have traveled a great distance to be part of the festivities. If you are a divorced parent, however, planning for the holidays can be difficult as you most likely will need to coordinate your plans with those of your child’s other parent.

Rotating Holidays?

Illinois law provides that a parenting plan following a divorce must include a parenting time schedule. Must parenting plans also include provisions that indicate where and how the child will spend certain holidays, depending on which holidays are a priority for which parent. For example, if Thanksgiving is a major holiday among your extended family but not so much for the other parent’s family, your agreement could stipulate that your child is to stay with you each year at Thanksgiving. In other situations, an alternating or split holiday schedules may be more appropriate.

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 Posted on November 02, 2017 in Asset Division

One of the most difficult parts of a divorce can be the dividing of the marital property. Before the work of dividing the assets can even be started, the assets must be assigned a proper value.

How Marital Property Is Handled

Illinois considers all property, with extremely limited exceptions, acquired after the date of the marriage to be marital property. Unless the two sides come to an agreement on their own, the law requires the court to divide marital property equitably in a divorce. This means taking into account all of the relevant factors and dividing the property fairly. It is important to understand that “fairly” does not always mean “equally.”

How Much of the Value of an Asset Is Marital Property?

Some assets, such as a business or retirement account, may have been acquired before the marriage. However, most likely any increase in value to these assets after the date of the marriage may be considered marital property.

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