Posted on August 31, 2022 in Divorce

Child support payments help single and divorced parents cover child-related expenses. During these challenging times, financial assistance through child support is more important than ever. However, for various reasons, some parents stop paying child support. In some cases, a parent loses his or her job and can no longer afford support payments. Other parents are simply irresponsible or selfish and intentionally choose to ignore this important responsibility.

Whatever the cause, non-payment of child support is not taken lightly by Illinois Courts.

What to Do When a Parent Cannot or Will Not Pay Child Support

If you are an obligor, or payer, or child support and you cannot afford your current child support obligation, do not simply stop paying. The Court can take adverse actions against you, which will only make your situation worse. Depending on your circumstances, you may qualify for a child support order modification. For example, if you were laid off from your job and are genuinely trying to get a new job, you may be able to reduce your obligation for the time being.

Continue Reading ››

 Posted on August 25, 2022 in Divorce

If you share custody of your children with an ex-spouse and he or she wants to move away with the kids, you may be frustrated, worried, and unsure of what to do. Do I have a say in whether my ex moves?  Can I challenge a parental location in Illinois? It can be difficult to deal with a parental relocation if you are not sure what your legal options are. In this blog post, we will discuss parental relocation and how it is typically handled by the Court system. We will also provide some tips on how to challenge a parental location if you believe that it is not in the best interests of your children.

Parental Relocation Laws in Illinois

Moving to a new home can provide new opportunities and a fresh start. However, moves are not always in a child's best interests. Many divorced and unmarried parents worry that if the other parent moves away, it will negatively affect their relationship with their child. They may also worry that the child will struggle to adjust to a new home, school, neighborhood, and community.

Continue Reading ››

 Posted on August 22, 2022 in Divorce

 Collaborative divorce is an alternative dispute resolution method divorcing couples can use to reach an agreement on the terms of their divorce. The collaborative process allows the spouses to negotiate issues such as the division of marital assets and debts, child custody, and spousal maintenance. Ideally, spouses can reach a settlement through the collaborative process and avoid the litigation process.

There are many benefits to the collaborative process. Spouses remain in control of the outcome of the divorce and keep the case out of Court. The process is also confidential, unlike many Court proceedings. Parents may find that working cooperatively during the collaborative divorce process also sets them up for a cooperative co-parenting relationship after the divorce. One of the most important benefits of a collaborative divorce is the insight provided by third-party professionals.

Continue Reading ››

 Posted on August 05, 2022 in Divorce

 Prenuptial agreements and premarital agreements allow engaged couples to define their financial rights and obligations before they get married. Most family law attorneys are seeing an increase in prenuptial agreements – especially among millennials. Modern couples are getting married later in life and often have significant assets, including business interests, cryptocurrency, and real estate. They may also have significant debts, including student loans and credit card debt.

A prenuptial agreement is a great way to protect financial interests and set the terms of spousal maintenance in the event of divorce. However, prenuptial agreements are not always enforceable by the court. This blog will discuss the requirements for prenuptial agreements in Illinois and some issues that can cause a prenuptial agreement to be unenforceable.

Continue Reading ››

 Posted on July 29, 2022 in Divorce

Any parent getting divorced worries about how the divorce will affect their children. Although divorce is common in our modern age, it still has massive repercussions for everyone in the family.  A parent may be especially concerned about how divorce will affect their child if the child has autism.

Children on the autism spectrum see the world through a different lens than those without the disorder. They are often highly sensitive and struggle to adapt to change. Some suffer from developmental delays, anxiety, or unpredictable mood swings. Others struggle to show emotion at all and appear completely disengaged from other people.

If your child has autism spectrum disorder (AUS) and you plan to end your marriage, it is important to plan the divorce with your child’s unique needs in mind.

Continue Reading ››

 Posted on July 21, 2022 in Divorce

Getting divorced involves many specific procedures and processes. The petitioner is the spouse who files for divorce by submitting a Petition for Dissolution of Marriage to the Court. The respondent is the spouse who is served with divorce papers. The respondent has the opportunity to “respond” to the divorce petition and participate in the divorce proceedings. For example, the respondent may disagree with the petitioner’s choices regarding property division, parental responsibilities, or other divorce matters. Responding to the divorce petition gives the petitioner a chance to negotiate these issues with the other spouse and reach a settlement. If no agreement is reached, the case proceeds to trial, where a Judge makes a decision on the unresolved issues.

Continue Reading ››

 Posted on July 18, 2022 in Divorce

If we lived in a perfect world, every divorcing spouse would totally cooperate with the divorce process. They would freely provide the necessary documents, fully disclose their income and assets, and treat their soon-to-be-ex with respect and civility. Of course, we do not live in a perfect world. In reality, most divorce cases involve at least some degree of contention. In some cases, divorcing spouses refuse to cooperate or compromise, withhold important information, or hide assets.

Divorce discovery is the fact-finding aspect of a divorce case. Lawyers have many different legal tools at their disposal that they can use to obtain information and evidence in a divorce case. If you are getting divorced, it is important to know what to expect during divorce discovery.

Discovery Tools That May Be Used in Your Divorce

Continue Reading ››

 Posted on July 08, 2022 in Divorce

Wealth can complicate divorce significantly. Divorcing spouses with high-value assets may find themselves inundated with decisions during the divorce process. Should I keep the marital home? What about vacation properties? Do I have a right to a portion of my spouse’s business interests? Are investments and retirement accounts separate property or marital property? Questions like these can be confusing and overwhelming. If you are a high-net-worth individual getting divorced, reach out to an experienced high-net-worth divorce lawyer for help. Additionally, keep the following considerations in mind.

Tips for Divorce Involving Significant Wealth

Dissolving a marriage is even more complicated when one or both spouses have assets of significant value. The financial consequences of mistakes and oversights in a high-net-worth divorce are also amplified.

During a high asset divorce:

• Do work with a divorce attorney experienced in complex property division and other high asset divorce concerns. High net worth divorce cases differ from typical divorce cases, and you will benefit by retaining a lawyer qualified to handle complicated financial and legal concerns. Your lawyer can help you make sound financial decisions that set you up for post-divorce success.

Continue Reading ››

 Posted on June 30, 2022 in Divorce

Most people underestimate just how difficult it is to end a marriage. Divorce involves addressing multiple complex issues, including the division of marital property, parental responsibilities and parenting time allocation, and spousal maintenance. Spouses who can reach an agreement about how to handle these issues can avoid divorce litigation through the Court. However, discussing complex issues like these is difficult under the best of circumstances. Negotiating a divorce resolution with a soon-to-be-ex-spouse can be especially frustrating and complicated.

Fortunately, divorcing spouses have the option to attend divorce mediation and work with a professional mediator who will help them have productive, fruitful conversations regarding unresolved divorce concerns.

Receiving Professional Assistance When Reaching a Resolution

Mediators are trained professionals knowledgeable in communication, conflict de-escalation, and negotiation. Mediators do not make any decisions for the couple or tell them how to handle the end of their marriage. Instead, the mediators help the spouses reach their own conclusions by facilitating constructive discussions and reducing conflict during negotiations.

Continue Reading ››

 Posted on June 14, 2022 in Divorce

If you are getting divorced, you may have questions about spousal maintenance. Sometimes called alimony or spousal support, spousal maintenance aims to reduce the negative financial impact suffered by a spouse after a divorce. Whether you are the primary income earner in the marriage or you make less than your spouse, it is crucial to understand how spousal maintenance works in Illinois divorce cases.

Who Can Get Spousal Maintenance?

Typically, spousal maintenance is paid to lesser-earning spouses to offset the negative financial effects of divorce. While women have traditionally been the recipients of spousal maintenance, men and women can be both payers or recipients of maintenance.

Continue Reading ››