Answers to Common Questions about Divorce in Illinois

 Posted on February 27,2014 in Divorce

Divorce can be a complex process, and, now that it is becoming increasingly commonplace, rumors and misinformation can confuse people as they consider filing. Of course, every individual’s situation is unique, and many specific questions should be cleared up in consultation with a lawyer. But, some more general questions, such as “what gets divided in the divorce process?”, or “what are the differences between fault and no-fault divorce?”, have common answers.

What Gets Decided in the Divorce Process?

While each divorce can present a variety of issues, some decisions the court will eventually make probably include child custody, visitation rights, child support, spousal support (alimony), and property division. However, the court may not need to decide all of these issues, especially if the spouses can come to agreements out of court beforehand.

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Three Tips for Choosing the Right Divorce Attorney

 Posted on February 25,2014 in Divorce

Individuals thinking about filing for divorce may find the whole process intimidating. Fortunately, no one has to go through it on their own. A Wheaton divorce attorney can guide you through the complicated divorce process. This makes choosing the right divorce attorney for you an important decision, as the correct choice can make all the difference between a relatively painless process and a drawn-out battle.

If you invest time in the beginning, it can come back with interest in the future in the form of an easier separation. Make sure you do your research, conduct interviews with potential attorneys, and watch out for warning signs.

 Do Your Research

 Doing the research now can save you major headaches later, and there are several things you should look into. One of the first steps is for you to look into how to hire a lawyer in general, and what you should focus on when making the decision. You may want to pay attention to how legal licensing works, or the different types of fee structures that attorneys might charge, both of which can be researched by contacting the Illinois State Bar Association.

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Planning Your First Meeting with a Divorce Attorney

 Posted on February 23,2014 in Divorce

Considering a divorce can be a stressful experience, and it is natural to feel a little nervous before your first meeting with your divorce attorney. But, you are not alone, as every year, thousands of people in Illinois find themselves in the same situation. And, as with many things in life, preparation can make all the difference.

If you prepare well for your first meeting with a divorce attorney, you can walk confidently into their office and move forward with everything as smoothly and painlessly as possible. Proper preparation involves gathering paperwork together, and these are a few things to bring that may help you with your first meeting: a list of questions and concerns for the attorney, financial documents to help the attorney understand your assets, and a brief story of your marriage.

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New Illinois Law Takes Child Support from Casino Winnings

 Posted on February 20,2014 in Child Support

The state of Illinois has a new tool for collecting delinquent child support. A new law requires casinos and racetracks to withhold the winnings of gamblers found to owe child support in the state of Illinois. The law is part of a growing trend across the country, with multiple states, including Indiana and Colorado, already having such laws in place. The legislature passed the law in the hopes that it would bring down the nearly $3 billion in unpaid child support that Illinois currently has on the books. Legislators expect the law to generate up to $1 million in its first year alone.

The law puts in place a system by which certain wins at the casino or racetrack can be analyzed for collection purposes. If a person wins more than $1200 dollars at a casino, or more than $600 on a two dollar bet at a racetrack, then the winnings become eligible for collection. The legislature chose these amounts as the baseline, as they also act as the threshold for declaring gambling winnings on a tax form in order to collect them. If the gambler’s winnings qualify, then the casino will enter the winner’s information into a computer system, which will check it against the state’s delinquent child support rolls. If the computer notifies the casino or racetrack that the winner owes back child support payments, then the law requires the casino to seize the winnings.

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Study Identifies the Cultural Effects of Divorce on Daughters

 Posted on February 17,2014 in Child Custody

While a parental divorce can be a struggle for most children, a study from the University of California at Berkeley identified that in our culture, daughters tend to suffer disproportionately. This happens because, according to the study, marriages with firstborn daughters tend to end in divorce more often than marriages with firstborn sons, all else holding equal.

The paper reports that the chances of a firstborn girl living without a father are 3.1 percent higher than a firstborn boy, which, they say, is a difference of approximately 5,000 girls a year. This increase in divorce among the parents of daughters can cause long term problems if both parents do not take steps to avoid them.

Why the Difference?

While the study did not delve deeply into the causes of the gender difference, the study’s authors put forward three possible theories to explain the gender gap. The first theory is a simple preference of parents towards sons. If parents or even just fathers prefer having male children, then it would keep the family happier, and consequently reduce incidences of divorce. But, the authors also provided two alternative, non-gender-biased explanations for the difference.

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New Year's Divorce Spikes

 Posted on February 14,2014 in Divorce

People often look at the New Year as a chance for a fresh start. This viewpoint manifests itself in many ways, from new diets to renewed job hunts, and by even affecting divorce rates. While sources disagree over the exact numbers, January and February see the most divorce filings in the United States, as people start to put their plans in motion. Interestingly, no one is quite sure exactly what causes people to hold off until the start of the year to file for divorce, but, anecdotally, it may be a combination of several factors.

 One factor that people commonly mention is that New Year's often provokes self reflection. At the end of a year, people naturally look back on it to evaluate how it went and what they would improve. The same impetus that drives people to craft New Year's resolutions drives them to evaluate their relationships, and in the process many decide that divorce is the right answer.

The holidays also stand out as one of the greatest reasons for the flood of divorces at the start of the year. Some people say that they make the decision to divorce prior to the holidays, but choose to hold off in order to preserve the sense of normality through that time of year, a thought process that is especially common in families with children still at home. Alternatively, the holidays can also act as the final straw that causes a divorce. Many people experience an increase in stress during that time of year resulting from added financial pressure and other demands of the season. That extra stress can combine with the prolonged proximity to one's family to act as a catalyst for a divorce that may have been building for some time.

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Relocation and Child Custody: When Crossing State Lines Crosses the Line

 Posted on February 12,2014 in Child Custody

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Enforcing Child Support Obligations

 Posted on February 10,2014 in Child Custody

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Grounds for Divorce in Illinois

 Posted on February 08,2014 in Divorce

Illinois law allows a person to file for divorce for a variety of reasons. One of the most common reasons is for “irreconcilable differences.” The law refers to divorce for irreconcilable differences as a no-fault divorce, meaning that neither party caused the marriage to fail. Illinois law also recognizes a variety of grounds for fault divorce. Fault divorces assign blame for the marriage's failure to one party, and although that will not greatly affect the outcome of the divorce, it may impact child custody decisions.

 No-Fault Divorce Divorce on the grounds of irreconcilable differences allows a couple to separate without needing to engage in a public fight over who was at fault for the marriage ending. Instead, the spouses simply acknowledge that their relationship has broken down. In order to file for a no-fault divorce like this, the couple must meet four requirements. First, the couple must live “separate and apart” for two straight years. Second, the couple must have irreconcilable differences, meaning that their relationship is not working. Third, the spouses' attempts to heal the marriage must have failed. And fourth, any further attempts to fix the marriage would likely not succeed, and would not be good for the family. The first requirement, living separate and apart for two years, is more complicated than it seems. Living apart does not necessarily mean living in separate places. Instead, the couple can show that they lived together, but merely as roommates for that period. Additionally, the spouses may not actually need to wait the full two years. If the couple lived apart for six months, and both of them agree in writing, then the judge can waive the remainder of the waiting period and grant the divorce.  Fault Divorce Fault divorces are less common in Illinois, but the law still allows for them. In these cases, certain, specified types of marital misconduct can be grounds for a fault divorce. These grounds include:

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Changing Spousal Support Obligations

 Posted on February 06,2014 in Divorce

Illinois law may require one spouse to pay support to another following a divorce. Of course, the amount that the court requires depends on the parties’ financial circumstances at the time of the divorce. In this uncertain economy, those circumstances are prone to change, meaning that the support obligation may have to change as well. Fortunately, courts allow parties to petition to change their support obligations if they can show some sort of pertinent change in their finances.

How Judges Calculate Support

To understand what changes would qualify as meaningful, it can help to look at how the law determines a person’s support obligations. The Illinois Marriage and Dissolution of Marriage Act governs the court’s awarding of spousal support. It instructs judges to examine a variety of factors when making the support determination, including:

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