Posted on November 05, 2015 in Finances and Divorce

Marital assets and property are not the only things that are divided between divorcing spouses: the court must also divide any marital debts the couples may have at the time of the divorce. Like the division of assets, a court is also guided by principles of fairness and equity when dividing debts and liabilities. There is more to this inquiry than simply seeing which spouse’s name is on a particular bill: instead, a court must first determine what debts of the parties are marital debts and then divide them between the parties in a fair and equitable manner. So how exactly does a court do this?

The Starting Point: Is it a Marital Debt?

Marital debts are those obligations and liabilities that one or both spouses incurred during the course of the marriage for household or living expenses. This would include (for example) credit card balances reflecting purchases for food, clothing, and gas, loans or leases for cars, medical debts, and other similar obligations. The test used by the court is whether the obligation was incurred during the marriage and for the benefit of the couple: thus, a liability is generally not considered to be a marital debt if it:

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 Posted on November 04, 2015 in Divorce

Sometimes love does indeed conquer all. Sometimes a divorcing couple decides to give their marriage another chance and wants to put a halt to their divorce case. While a spouse who files for divorce is always free to dismiss the divorce case at any time, this may not always be a wise decision. What happens if you dismiss your divorce case, and what should you consider before putting the brakes on your Illinois divorce?

Dismissing Your Case – How Do You Do it and What Happens Next?

A civil or criminal lawsuit is able to be dismissed by the individual who filed the suit (the petitioner or plaintiff, depending on the type of case) with very few limitations. Usually when a lawsuit is dismissed voluntarily by the person who filed it, the case is dismissed without prejudice. This means that the plaintiff or petitioner is able to refile the case at a later date if he or she chooses. (By contrast, a dismissal with prejudice means that the plaintiff or petitioner cannot refile the lawsuit based upon the same facts – it is very rare for a divorce to be dismissed with prejudice). You cannot "dismiss" a divorce that has already been finalized by the court.

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 Posted on October 29, 2015 in Alimony/Spousal Support

When you are going through a divorce, you are faced with a host of financial issues. Often, spousal support can be a big question - will the court require one spouse to provide the other with ongoing financial assistance once their divorce is final? Until recently, it was up to the judge to make this decision on a case-by-case basis, after considering a variety of factors set out in the Illinois Marriage and Dissolution of Marriage Act. In an effort to make spousal support awards more consistent, however, the Illinois legislature updated the law, establishing a specific mathematical formula for calculating the amount and duration of a spousal maintenance award.

Will Courts Always Use This Formula Now?

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 Posted on October 28, 2015 in Paternity

It is a biological fact that children have two parents. In some instances, however, paternity may be a concern. Parents must both be responsible for providing care for their children and both parents have rights. Whether a father wants to protect his parental rights, or needs to prove parenthood, experienced legal advocates are available to provide the legal counsel required. Paternity issues can become complex and require the services of a law firm with the experience to handle them.

Understanding Paternity

Paternity provides a legal relationship between a father and child. When a child is born to married parents, the husband is automatically assumed to be the father. Unmarried parents need to legally establish paternity. In Illinois, paternity is established in one of several ways. These include:

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 Posted on October 22, 2015 in Child Support

When a couple divorces or otherwise separates, both parents have a legal obligation to support their minor children. Under Illinois law, a parent’s child support obligation normally terminates when a child emancipates. Emancipation occurs when a child turns 18, or 19, if the child is still attending high school. However, there are circumstances in which a parent will be required to provide his or her child with some form of financial support beyond the age of emancipation. For this reason it is critical to have the aid of a family law attorney who understands Illinois child support laws and knows how to best represent the interests of a parent with a child who may need extended financial support.

Supporting the Disabled Child

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 Posted on October 20, 2015 in Child Custody

After a divorce, even one that went smoothly, there can be a lot of anger, resentment, and sadness. But, when there are children involved, it is vital that both parents find a way to work together to be the best parents to those children. They are having their own difficulties adjusting to the divorce. Here are three tips for effectively co-parenting after a divorce.

Understand You Have Still a Relationship with Your Ex-Spouse

The divorce may have ended the marriage, but you and your ex are still in a relationship. You are co-parents to your children. That means you have to communicate and work together for the best interests of your children. This can be hard enough when parents have a strong marriage, but when a couple has been divorced it can be extra challenging.

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 Posted on October 15, 2015 in Prenuptial and Postnuptial Agreements

Most people have heard of prenuptial agreements, but many consider them something that happens in Hollywood or with high net-worth couples. However, there are many reasons ordinary couples can benefit from having a prenuptial agreement. While you may think you will never split up, the fact is over half of all marriages end in divorce.

What Is the Purpose of a Prenuptial Agreement?

A prenuptial agreement is an attempt for a couple to decide how their property and assets should be split up in case of a divorce. It is like a property settlement that is agreed to before anyone is even thinking about filing for a divorce.

Individuals with property, a business, or a potential inheritance often want to make sure these items do not become marital property. A prenuptial agreement is way for both spouses to keep the property they bring into the marriage separate.

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 Posted on October 13, 2015 in Divorce

Problem gambling can destroy a marriage and family. The National Council on Problem Gambling reports that, in 2008 between one quarter and one half of spouses of compulsive gamblers have been abused by their spouse/the compulsive gambler. Furthermore, a 2002 study of emergency rooms across the nation found that the rate of domestic violence increased by 10.5 times when the victim’s intimate partner was found to be a problem gambler. And one 2000 study found that problem gambling is as serious of a risk factor for domestic violence as alcohol abuse.

When you decide to divorce your spouse because of problem gambling, what role will your partner’s gambling habits (and the behaviors and results that flow from these habits) play in the divorce proceedings?

Is Gambling a Ground for Seeking a "Fault-Based" Divorce?

In Illinois, a divorce can be granted on grounds of irreconcilable differences (sometimes referred to as a "no-fault" divorce because no spousal wrongdoing needs to be shown or proven) or on one of several "fault" grounds. These include adultery, bigamy, and abandonment. There is no "fault" ground authorizing a divorce based on one spouse’s problem gambling. Gambling can perhaps lead to spousal abandonment (which must last for at least one year); absent such conduct, however, a divorce initiated because of your spouse’s gambling addiction will be filed and prosecuted as a no-fault divorce. This means that before you are able to divorce, you and your spouse must (1) live apart and separate for two years; or (2) live separate and apart for a period of six months and agree that irreconcilable differences exist and a divorce should therefore be granted.

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 Posted on October 08, 2015 in Child Support

Can someone really go to jail in Illinois if they fail to pay child support? It seems like the answer should be “no” – after all, if the court is concerned about child support obligations being paid, why would they lock obligors up in jail where they cannot make any payments? Unfortunately, as some obligors learn the hard way, courts are all too willing to put obligors who fail to pay their child support obligations in jail.

This can cause serious problems for the obligor parent, including losing his or her job. Learn more about why a court might order an obligor parent to jail for failing to make child support payments and how you might be able to avoid jail if you fall behind on your child support payments.

“I Thought Jail Was Only for Criminals!”

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 Posted on October 06, 2015 in Child Custody

Divorce is difficult enough when there is one child. When two or more children are involved, the concerns about the effect of divorce on the children become magnified. Oftentimes, siblings may feel a stronger bond to different parents: while one child may feel an especially strong attachment to his mother, the sibling may feel a particularly close bond with her father. When a court is called upon to make a child custody determination, how does a court treat siblings if factors pull the court in conflicting directions?

A Refresher on Child Custody Determinations

As many are already familiar, a child custody determination as part of a separate suit or a divorce action will be made after the court considers the best interest of the child or children involved. In determining the best interest of the child in any given case, courts are free to consider a number of factors about the parents’ work and home life as well as the desires of the children (if the children are of a certain age and maturity level). None of the factors a court is to consider (as set out in the statutes) are determinative; instead the court is to take a “whole picture” view of the situation and circumstances.

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