Posted on October 13, 2016 in Child Custody

At the beginning of this year, major updates to the Illinois Marriage and Dissolution of Marriage Act came into effect, and changed the way various issues regarding divorce, child custody, visitation, and other significant issues are handled in Illinois family cases. One such major change is in when parents seeking to relocate with their children should seek permission from an Illinois court before making the move.

Parental Moves

Previously, a parent could relocate or move anywhere within the state without seeking permission from the court, however, the parent was generally restricted from relocating to an out of state location without judicial permission. Therefore, if a parent was moving across the state with his or her child, he or she could arguably have done so making it very difficult for the other parent to challenge the move. If, however, the parent wanted to move a short distance across the border to a neighboring state, he or she had to go to court first and get permission.

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 Posted on October 11, 2016 in Divorce

When a couple separates in anticipation of divorce, they may have decided that the separation is the beginning of the end. If the couple agrees that they are ready for divorce, there is a welcome change in the revisions to the Illinois Marriage and Dissolution of Marriage Act that went into effect at the beginning of this year.

Faster Proceedings

Under the old version of the law, a separated couple had to remain separate and apart for two years before filing for divorce. There was an exception that if the couple could agree and sign a waiver, they could file for divorce sooner, as soon as six months after the separation. Under this year’s changes, no period of separation is required before spouses are able to pursue a divorce.

Divorce Grounds

Part of the revision to the law is an elimination of the numerous grounds of divorce that existed and requiring only that the parties claim irreconcilable differences. This change seems to follow the trend in practice in many Illinois divorces where couples routinely agreed to irreconcilable differences instead of going through the trouble of alleging and proving the other grounds. When a couple has been separated for six continuous months before filing for divorce, there is an irrefutable presumption that they have irreconcilable differences sufficient to qualify as grounds for divorce. The presumption would mean that the couple has less to present to the court in terms of evidence to begin the divorce.

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 Posted on October 06, 2016 in Divorce

If you are going through divorce proceedings or considering initiating a divorce, you may have questions about how getting divorced in Illinois may affect your tax liability, especially if tax season is nearing. Dealing with taxes in the midst of a divorce can be problematic and fraught with emotion, and the process becomes even more complex when the taxes themselves are complicated.

Going through a divorce is stressful enough, and worrying about how the divorce may affect your taxes should not be something you need to handle alone. No matter what your tax situation looks like, an experienced Illinois divorce attorney in DuPage County can help make sure your rights are protected and that your tax obligations are met.

Common Tax Issues That May Arise During an Illinois Divorce

There are several issues that may affect a person's tax liabilities when he or she is going through a divorce or has recently finalized a divorce. Some of the most common matters that arise include questions about:

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 Posted on October 04, 2016 in Child Support

If your child is one of the 11 million kids who attend day care in the U.S., you are likely aware just how costly child care expenses can get. In fact, child care expenses can frequently be a family's largest expense, costing more than rent or a mortgage, utilities, and gas or transportation, and even a year of college tuition at most public colleges, according to Child Care Aware of America, a national nonprofit that promotes affordable and accessible childcare in the U.S.

When parents go through a divorce, the question of who will be footing the bill for day care can be a major concern, especially when a divorce means parents may need to rely on childcare even more than before the marital dissolution. Setting up to separate households can be expensive, and parents may even need to work more hours than they did prior to the divorce.

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 Posted on September 30, 2016 in Child Custody

Illinois law requires that all parents who are divorcing and never-married parents who are establishing a parenting plan complete a parent education course. Your divorce attorney in DuPage County can help make sure you fulfill these requirements as instructed by the court.

Because failure to complete the parent education course adequately can affect your parenting plan proceedings, it is important that you work with your experienced family law attorney in the Wheaton area to ensure that you have completed the proper steps.

What Is the Parent Education Program?

Illinois mandates that all parents seeking to co-parent following divorce or dissolution of the relationship complete a parent education program. Each county establishes its own parenting education course requirements though, and the courses available in one county may not satisfy the requirements in DuPage County.

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 Posted on September 27, 2016 in Divorce

It is not unusual for people's credit ratings to take a hit during and after divorce proceedings. The divorce itself cannot directly damage your credit, as some people mistakenly believe.

However, because divorce represents a time of emotional and financial tension, as well as disputes over who is responsible for paying which debts, it is not uncommon for money to be tight, payments to fall behind, and bills to fall through the cracks.

The good news is that your experienced divorce attorney in DuPage County can help you protect your credit throughout your divorce proceedings, and after, and can even help you repair damaged credit, if necessary.

How Can Your Divorce Attorney Help You Manage Your Credit?

There are a number of steps your family law attorney in Illinois can take to help you protect your credit during your divorce, including but not limited to:

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 Posted on September 22, 2016 in Child Support

If you are going through divorce proceedings or have a child support agreement in place, you may be wondering about how you and your child's other parent will make decisions about paying for college expenses or post-high school training when your child reaches college age.

Even if your children are young, it is wise to plan ahead for the payment of college tuition and expenses so that both parents can begin saving towards their children's education, and to prevent disagreements about paying for college from adding to the stress of an already emotional and tumultuous time for families of students entering college.

Your DuPage County family law attorney can help you plan for your children's future by explaining the factors the courts will consider when assigning responsibility for paying college or post-high school expenses, and asking the court to consider relevant factors.

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 Posted on September 20, 2016 in Divorce

If you are going through a divorce, or are considering initiating divorce proceedings in Illinois, you may have questions about separation and moving out, and how these choices can affect your rights during and after the divorce. One of our experienced divorce and family law attorneys in DuPage County can speak with you regarding your particular situation and help you make a plan with which you feel comfortable.

The Abandonment Myth

Many people mistakenly believe that moving out of the shared residence during divorce proceedings can cause one spouse to forfeit their rights regarding the home. Fortunately, this is not the case.

The court is concerned about dividing assets fairly, and requiring one spouse to give up their rights simply because they did not wish to remain in the shared home during the divorce would not serve justice. You do not give up your rights to fair division of marital assets simply because you wish to set up residence separate from your soon-to-be former spouse.

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 Posted on September 15, 2016 in Divorce

Family law matters can be complicated, especially when one or both spouses are military service members, whether active duty, reserve, or retired. If you or your spouse is a current or former military member, it is important to work with an experienced family law attorney in Illinois who handles military divorces and is familiar with all the ways a service member's career can impact the divorce process.

Factors That May Affect a Military Divorce Proceeding

Due to the extremely stressful situations military families must face, many military marriages deteriorate over time. Our compassionate family law attorneys in DuPage County understand that along with the sacrifices your family has made in service to our country often comes marital strain as the result of prolonged deployment, post-traumatic stress disorder, feelings of depression and isolation, and difficulty readjusting to home life following deployment. These issues can even lead to substance abuse, domestic violence. and infidelity.

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 Posted on September 13, 2016 in Child Custody

Interfaith marriages are increasingly common in the U.S. and in Illinois. As more people enter into interfaith relationships and marriages, the number of interfaith divorces and custody disputes also increases.

Religious disputes are also common between former spouses who belong to different denominations of the same religion, or between divorcing parents who have different levels of involvement with their faiths, whether they practice the same religion or not. In some cases, religious differences may even have been a factor for couples deciding whether to move forward with divorce proceedings.

If you are involved in a divorce or custody dispute and anticipate that religion may become a hot-button issue in your divorce, one of our experienced family law attorneys can help you prepare to address these difficult matters in court, mediation, or negotiation with your child's other parent.

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