Child Custody and Visitation Under New Illinois Law Changes

 Posted on February 29, 2016 in Child Custody

One of the major changes to the Illinois Marriage and Dissolution of Marriage Act that went into effect on January 1, 2016, addresses not only how the law refers to child custody and visitation, but also to how parental responsibilities are to be shared between the parents.

A Shift in Thinking

Under the previous law, parents may have had joint custody or one parent may have had sole custody with the other parent granted visitation rights. The parent with sole custody was responsible for making most or all of the major decisions regarding the child’s life unless the parents had agreed otherwise on some issues. With the new changes taking effect, a parent may be allocated decision-making power over one or more of four primary areas of responsibility. However, the court does not have to allocate both parents such authority. The judge’s allocation of decision-making responsibilities to a parent is still based on the familiar standard of the child’s best interest. A judge’s allocation of these responsibilities, however, only happens if the parents do not have an agreement in place as to how these decisions will be made.

Continue Reading ››

The Basics of Marital and Non-Marital Property

 Posted on February 25, 2016 in Asset Division

It has become a common trope in movies and music to portray a wealthy person getting married and subsequently divorced, losing half of his—usually the subject is a man—property to his ex-spouse, regardless of the fact that he owned most of the same assets at the time of the marriage. While such a cliché situation is technically possible under the law in some states, the reality in Illinois is generally much different.

Fair Does Not Always Mean Equal

Property division following a divorce in Illinois can be rather complicated, as the law requires marital assets to be divided according to what is equitable and just. While this could result in a clean 50/50 split, there is no guarantee. Rather the specific circumstances of the marriage, divorce, and expected post-divorce realities must be taken into account to determine the appropriate allocation of assets.

Continue Reading ››

Is It a Move or a Relocation?

 Posted on February 23, 2016 in Child Custody

As a divorced or single parent, you understand how challenging it can be to provide all the things your child needs to thrive. In an ideal situation, your child’s other parent would also be committed to helping, both financially and as an active participant in the child’s life. But what happens when you want to pursue opportunities that would force you to relocate to a new city or state with your child? Do you have the right to simply pick up and move? As with most issues of family law and coparenting, the answer depends on the circumstances of your particular situation.

Changing Approach

For many years, the laws in Illinois were fairly subjective about moving with your child. While there was no specific prohibition or distance limitations for an in-state move, if the move presented major obstacles to an existing custody or visitation order, it could potentially be challenged in court. An out-of-state move with a child subject to a custody or visitation order statutorily required the other parent’s consent or an overriding court order.

Continue Reading ››

Relationship Red Flags: Is Your Spouse Stonewalling?

 Posted on February 18, 2016 in Divorce

You and your spouse are never going to see exactly eye-to-eye on everything. In fact, there may be certain topics or behaviors that lead to very strong disagreements and, yes, possibly even fights. Of course, not all fighting is healthy for your marriage, but, when done respectfully and with a purpose, arguing occasionally can help you better understand each other. Sometimes, though, one spouse may shut down, completely blocking all avenues of communication in the face of conflict. There can be many reasons that you or spouse begin to engage in such behavior, often called stonewalling by relationship experts, but if it is not constructively addressed, stonewalling can destroy your marriage.

Two Different Types

Stonewalling can take several forms. Aggressive stonewalling may be used by a more controlling or manipulative partner simply because he or she knows it will upset his or her spouse. By refusing to engage or communicate, an aggressive stonewaller can feel like he or she is control over the situation. Defensive stonewalling, as you might expect, is just the opposite. A spouse who feels threatened or overwhelmed may retreat into him- or herself, unable—and sometimes unwilling—to deal directly with the issues at hand.

Continue Reading ››

Family Debt Can Impact Well-Being of Children

 Posted on February 11, 2016 in Finances and Divorce

Financial debt is a major cause for concern around the United States, at the individual and family levels, as well as on collective scale. Families fractured by divorce or other type of similar stresses may be particular susceptible to growing debt, as financial obligations may be harder to meet on a single income, combined with a countless other contributing factors. However, a recently-published study suggests that parents with certain types of debt may place their children at increased risk for behavioral problems in the future.

Quality of Life Connections

The study was conducted by researchers at the Institute for Research on Poverty at the University of Wisconsin-Madison and looked at data from more than 9,000 children and their mothers over a period of nearly 40 years. The research also categorized debt into four distinct types: home, education, automobile, and unsecured debt, which included credit cards, certain loans, and medical debt. Looking for possible connections, the team also examined the socio-emotional health and behavioral concerns of the participating children.

Continue Reading ››

Increased Privacy in Mediation

 Posted on February 09, 2016 in Mediation

If you were asked to picture a divorce proceeding, would you think about a courtroom with a husband on one side, a wife on the other, and a judge in the middle to officiate the battle? While the image in your head may not be quite so stereotypical, it is likely that your concept—like that of most people—is something similar. What you may not realize, though, is that the vast majority of civil cases, including divorce, are not decided in the courtroom; instead, they are negotiated in other ways and a judge is only required to approve the settlement and enter it as part the judgment. Mediation is among the most common methods used to reach an agreement in a divorce, and the process offers a number of advantages, including time and cost savings, flexibility, and increased participation from both parties. There is one additional benefit, however, that is often overlooked: a dramatically increased sense of privacy and security.

Continue Reading ››

Negotiate a Workable Parenting Time Agreement

 Posted on February 04, 2016 in Child Custody

When you are forced to consider how you will share parenting responsibilities following a divorce or a separation, your initial feelings may be very confusing. It can be quite overwhelming to think about not being with your child all of the time, but you probably realize how important it is for your child to have a strong relationship with the other parent. Finding common ground during a difficult time can be very challenging, but a mutual commitment to finding a cooperative solution can go a long way in providing security and happiness for your child.

Visitation is Now Parenting Time

Recent changes to the Illinois Marriage and Dissolution of Marriage Act have amended the language used to describe a co-parent’s time with his or her child. For many years, any parent who was not deemed unfit or danger to the child was presumed to have rights of reasonable "visitation." While the intention of the law may have been reasonable, referring to a parent’s time with his or her child visitation could have the effect of making the parent feel like an outsider or an interloper in the child’s life.

Continue Reading ››

The End of At-Fault Divorce in Illinois

 Posted on February 02, 2016 in Divorce

For the last three decades or so, a couple looking to end their marriage in Illinois have had the option to do so on the “no-fault” grounds of irreconcilable differences. This alternative to divorce on more “traditional” fault grounds has been long seen as a way of reducing contentious and complications in the divorce process. Of course, even no-fault divorces can have their challenges, but the simpler proceedings have led to the decline of divorce filings on grounds of fault. Now, recent law changes have officially put an end to at-fault divorce in the state, and updated other provisions to help facilitate more efficient dissolutions when appropriate.

Burden of Proof

Prior to 2016, when a spouse filed for divorce citing one of the many possible fault grounds—including adultery, mental or physical cruelty, abandonment, and habitual substance abuse—he or she would be required to provide evidence of the other spouse’s behavior. As you might expect, this could often be quite difficult, as spouses inclined to engage in such activities typically would go to great lengths to hide their actions. For example, despite have serious suspicions, actually proving an extramarital affair to the court could be nearly impossible.

Continue Reading ››

Child Custody Modification Requirements

 Posted on January 28, 2016 in Child Custody

The circumstances surrounding a family separating in divorce are bound to change over time. As a result, one or both parties to the divorce may later seek to change the orders that set custody and visitation. Both child custody and visitation can get modified in a child’s best interest when a party requesting modification can show that circumstances have changed significantly since the initial order was entered.

Former spouses may initially seek to try to come to a mutually agreeable agreement with regards to custody in order to avoid the courts. This may be a good approach, especially if the parents are on good terms.  Any agreements the parties finalize are entered with the court to solidify it as the new custody or visitation agreement.

Continue Reading ››

Seeking Modification of Support Orders

 Posted on January 26, 2016 in Child Support

Divorce can change a person’s financial life in many ways. One way that often affects a person for a while after the divorce is finalized, is an order to pay child support or spousal support. An order for child support or spousal support can continue for years, even as a person’s finances change. When a court orders either form of support, it often considers a person’s income in determining the amount to be paid. What happens to these orders when a person’s income changes later on?

Modifying Spousal Support Orders

If a spouse who is ordered to pay maintenance retires, loses their job, or otherwise loses their source of income, they can petition a court to reevaluate the amount ordered in order to determine if it can be decreased. In filing a motion with the court, the petitioner has to show a substantial change in circumstances that would warrant the decrease.

Continue Reading ››