Posted on July 12, 2017 in Child Support

In this day and age, bankruptcy has become more common than it used to be, unfortunately, and as such, more and more people are encountering issues with other obligations that are directly related to bankruptcy. While many believe that a bankruptcy will essentially wipe out all their debt, what they do not know is that certain obligations are specifically exempted from this, and must still be paid regardless of any financial issues.

Spousal Maintenance

While it is not mandatory, a large number of divorce cases in Illinois assign maintenance rights to one spouse or the other. In Illinois, this obligation is specified to last a certain period of time, but if the obligor—the spouse who is paying support—must file for bankruptcy, it is reasonable to look into the possibility of modification. However, the key word is modification. Under the U.S. Internal Revenue Code, maintenance or alimony obligations are not considered dischargeable. In other words, any debts that are of this nature will not be simply erased, as other debts might be in a Chapter 7 bankruptcy.

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 Posted on July 07, 2017 in Mediation

Mediation and other forms of alternative dispute resolution are fast becoming a popular substitute for a standard courtroom divorce, especially for couples who still are able to maintain a good working relationship. However, it is not uncommon to see couples commencing a mediation without a real grasp of what it actually entails, especially if they are doing so post-decree, or after a divorce decree. While everyone’s experience will be slightly different, there are some things that remain the same and some that will differ from a pre-decree mediation.

Lots of Flexibility Pre-Decree

Finding a mediator in Illinois is usually not difficult, especially in the Chicago suburbs. There are multiple organizations that field trained mediation professionals, some (but not all) of whom are also attorneys. You must choose one if the mediation is not specifically court-ordered, but the fee to hire a mediator is generally split between both parties—though if you prefer, one party may foot the bill in exchange for assets or another advantage. The decision is up to the couple, as are most in this process.

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 Posted on June 29, 2017 in Divorce

 Divorce is often long and bitter fight over the remnants of a marriage. However, it does not have to be, especially if you and your spouse have decided to divorce due to simply growing apart. In Illinois, an uncontested divorce, also called a joint simplified dissolution of marriage, can save couples significant time and trouble if their relationship is still good enough to work together.

The Facts

Essentially, an uncontested divorce simply means that neither spouse is interested in contesting any aspect of the dissolution of marriage. Generally, this is achieved by presenting the court with a divorce decree co-written by the spouses, stipulating to issues such as asset distribution. The court does have the right to modify a separation agreement authored by the spouses, though this will not usually occur unless the agreement is clearly unconscionable. Illinois is an equitable distribution state for the purpose of distributing marital assets, which means that the court will divide all marital property between the spouses in the most equitable way possible or will ensure that the spouses have reached an agreement that is reasonable.

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 Posted on June 27, 2017 in Divorce

Sadly, many marriages are affecting by patterns domestic violence. While such abuse is most often characterized as perpetrated by a husband against his wife, it can come from either spouse, and it can be directed at anyone in the household. If you are in fear of an abusive or violent spouse and want a divorce, you do have some options and protection in Illinois. It may be imperative one day to know what you have at your disposal.

Have an Exit Plan

The main thing that every abused spouse needs to have when preparing to separate from or divorce a domestic abuser is a strategy for leaving if necessary. Plans for divorce must come after a successful exit and, likely, a restraining order. Statistics from the National Coalition Against Domestic Violence (NCADV) show that an abused spouse is at most risk in the two weeks immediately following their leaving the marital home. A prearranged exit plan that guarantees access to money and safe housing is absolutely critical lest you wind up back in your spouse’s hands.

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 Posted on June 22, 2017 in Divorce

Divorce can be one of the most difficult times in a person’s life, especially if they are not the one who initiated proceedings. However, some try to actively make things harder for their spouse by doing things such as refusing to sign divorce papers, hiding information, and generally doing their best to impede the legal process. When you are dealing with such obstruction, it is understandable to wonder if it is actually possible for your spouse to deny you a divorce, but rest assured, the answer is no,though it can be made complex and expensive by an intransigent partner.

Delay Tactics Are Common

If you are the person to initiate divorce proceedings against your spouse’s wishes, it is not uncommon for him or her to attempt to delay or otherwise affect proceedings. One common way in which a spouse may attempt to thwart a divorce going forward is to make themselves unavailable to sign the papers. The rationale behind this is the presumption that proceedings cannot go forward without proof that the responding party—your spouse, in this example—has at least been made aware of the filing.

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 Posted on June 20, 2017 in Asset Division

If you or your spouse ends up in the unenviable position of having to file for both bankruptcy and divorce, it is imperative that you both understand the laws surrounding marital debts and bankruptcy. Many couples make assumptions and then react strongly when their carefully constructed asset division proposal collapses on itself. By educating yourself, you and your spouse can work to avoid such a fate.

Bankruptcy First?

One of the biggest questions regarding asset division, but especially marital debt, is whether to file for bankruptcy before divorce or vice versa. The general rule is that it depends on each spouse’s individual finances, and which type of bankruptcy would be filed. However, in most cases, filing beforehand tends to streamline the divorce process, while filing afterward or concurrently can cause a divorce to drag on. This is especially true if you or your spouse would be filing a Chapter 7 bankruptcy, either jointly or individually. In a Chapter 7, all debts are eliminated or written off, as opposed to in other types of bankruptcy where restructuring is more common.

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 Posted on June 15, 2017 in Child Custody

It is not uncommon after a divorce that one or both spouses express a desire to relocate, whether their intent is to change jobs, to get a fresh start, or for some other reason. However, if there are children involved in the marriage and divorce, it is incumbent upon all involved to have a discussion about where one is able to relocate and still have contact with their children, presuming contact is still a desired goal. Illinois law regarding relocation was amended at the beginning of last year, so some well-meaning parents may not even be aware that restrictions are now different. Still, the consequences can be significant for those who do not follow the law.

Notice Is Mandatory

The first thing to be aware of when discussing relocation ability is that notice must be provided to the other parent in writing, and it must be at least 60 days before the planned relocation if possible. If not, “as soon as practicable” will generally suffice. You must provide your new address and moving date (if known), as well as a rough approximation of how long the relocation will last if it is intended to be temporary. For example, a military servicemember may seek to relocate with his or her children for the duration of their assignment at a specific base or posting.

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 Posted on June 13, 2017 in Divorce

When a marriage is clearly headed for divorce court, sometimes one or both spouses will resort to practices that are not strictly acceptable; some may even be unlawful. Hiding assets is one of the most common of these practices, but its commonality does not make it easier to spot. Some spouses are very successful at hiding assets with other people or in alternate accounts, but there are ways that you can discover such actions and obtain some manner of restitution.

Full Financial Disclosure Is Required

Illinois law demands both spouses provide a full accounting of all marital and non-marital property once divorce proceedings have begun. At the beginning, it can be easier for assets to be hidden, especially by the spouse that governs the household finances, but the discovery process, where both spouses must provide financial records and other documents, can make that much more difficult even if someone does not make a full disclosure. Forensic accountants can trace expenditures through transactions that can otherwise look innocent, and discovery is the time when it is easiest to pick up the proverbial trail.

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 Posted on June 08, 2017 in Paternity

In this day and age, the marriage rate has dropped to a fraction of what it once was in our parents and grandparents’ day, but this does not mean that people are not in family relationships. Many couples have simply chosen not to marry legally, for a variety of different reasons, but they still share assets, and they still, at least in theory, share responsibility for any children they may have. Some parents, especially fathers, find themselves shut out of their children’s lives, but these fathers do have rights. It is up to them to try and obtain custody or visitation or to adjust support payments if they can prove the need.

The Right to Assert Paternity

In Illinois, when a child is born in a hospital or birthing center to unmarried parents, the parents will be given what is referred to as a Voluntary Acknowledgment of Paternity (VAP) form. One of the most common and most costly errors that many unmarried fathers make is in thinking that once they execute a VAP, they have visitation or custody rights. This may be the case in other states, but in Illinois, no such rights exist until a court order is entered that establishes them directly.

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 Posted on June 06, 2017 in Mediation

The divorce rate is higher than it once was, and court dockets around the country reflect this reality. As such, some couples are seeking other methods by which to settle their divorce quickly and amicably, and mediation has emerged as the most common in recent years. While it is not for everyone, there are multiple advantages over going to court that can benefit many couples, and the process is generally worth some consideration.

Clear Advantages

Perhaps the most notable advantage to mediation is the ability to begin relatively quickly. Court appearances can drag on or even take a long time to begin depending how crowded a court’s docket may be. To commence mediation, the only thing required is a mediator, though each side may still wish to retain their own attorneys. Illinois mediators are required to adhere to certain standards and practices, as well as to complete training courses totaling at least 40 hours, but there are enough trained mediators in Illinois that it should not be difficult to find one.

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