Posted on March 21, 2022 in Divorce

Most people know that, like most legal matters, divorce involves paperwork. You will “serve” the divorce petition to your spouse. He or she must “respond” to the divorce petition and either agree to the proposed divorce terms or contest the divorce terms. However, some spouses are so estranged that the spouse seeking the divorce does not know where the other spouse is. Fortunately, there is a way to proceed with divorce even if a spouse is missing. Read on to learn more.

Understanding the Divorce Service Process

When someone files for divorce in Illinois, he or she uses a document called a Petition for Dissolution of Marriage. This document starts the divorce process and lists the petitioner's demands. Some spouses are able to simply hand the divorce petition to their spouses. Others deliver the divorce paperwork by certified mail or hire a county sheriff to serve the petition and summons to the other spouse. However, if you do not know where your spouse lives and have no means of contacting him or her, these are not feasible options.

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 Posted on February 28, 2022 in Divorce

Divorce can be complex legally, financially, and personally. Ending your marriage will likely have a profound impact on your life in a multitude of ways. Fortunately, there are steps you can take now to prepare for the divorce process and set yourself up for success.

Inventory Your Assets and Debts

One of the most consequential aspects of divorce is the division of marital assets and debts. You will need to determine who you and your spouse will divide bank account balances, real estate, vehicles, household items, retirement funds, credit card debt, and much more. Take some time to go through your financial documents and make a list of the assets you own and the debts you owe. Gather and make copies of your tax returns, pay stubs, bank statements, loan applications, and other financial paperwork.

Learn About Illinois Divorce Laws and What to Expect

Each state has different divorce laws, and these laws frequently change. It may be a good idea to research Illinois divorce laws so you will know how the process generally works. Each case is different, but this can give you a place to start. Illinois is a no-fault divorce state without a waiting period or mandatory separation period. However, at least one of the spouses must have lived in the state for 90 days to file for divorce in Illinois.

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 Posted on February 24, 2022 in Child Support

When parents divorce, the final divorce decree will contain the terms of the divorce, including child custody terms. The parents are required to follow these terms. Failure one-size-fits-all to charges for contempt of Court. However, circumstances change, and sometimes, the initial child custody terms are no longer appropriate for the situation. Read on for several frequently asked questions about modifying child custody in Illinois.

How Can I Change My Parenting Plan?

Illinois parents use a Parenting Plan or Parenting Agreement to describe how they will share parenting duties. Illinois law classifies parenting duties into two main categories: Parental responsibilities are decision-making responsibilities, and parenting time is the time a child spends with each parent.

If you wish to modify parenting time, you may do so if the modification serves the child's best interests. If you and your spouse agree on the modification, you can submit the modification to the Court for approval. If you and the other parent disagree about the proposed modification, the Court may require you to attend family law mediation. If mediation is unsuccessful and you still disagree about the parenting time modification, the Court may appoint a guardian ad litem or child custody evaluator to assess the situation and provide the Court with an informed opinion.

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 Posted on February 22, 2022 in Collaborative Law

To get divorced in Illinois, spouses must address multiple financial, legal, and logistical issues. If the spouses can agree on how to handle these issues, they can avoid the timely, costly, and stressful divorce litigation process. However, reaching an informed decision about property division, child custody, and other divorce issues is very difficult to do without help. Fortunately, Illinois spouses have the option of ending their marriage through collaborative law. Collaborative divorce is an alternative resolution method that offers numerous benefits for divorcing spouses and their children. One of the key elements in a collaborative divorce is the “participation agreement” or “collaborative agreement.”

Understanding Participation Agreements in a Collaborative Divorce

As the name implies, collaborative divorce is a collaborative process. The spouses and their lawyers seek to resolve divorce issues cooperatively, without the hostility that exists in many litigated divorce cases. To ensure that everyone in the collaborative divorce process understands and agrees to the terms of the resolution process, each participant is asked to sign a participation agreement. The spouses, their attorneys, accountants, appraisers, child specialists, and others involved in the collaborative process agree to these terms.

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 Posted on February 14, 2022 in Divorce

The National Institute on Alcohol Abuse and Alcoholism estimates that almost 15 million people struggled with alcohol use disorder in 2019. The statics for drug use are similarly disheartening. Just under 20 percent of teens and adults use illegal drugs or take prescription medication in an unlawful manner. Many people struggling with drug addiction are addicted to opioids like oxycontin or fentanyl. If your spouse is addicted to drugs or alcohol, his or her addiction will likely influence your divorce case.

Is Drug Addiction Grounds for Divorce in Illinois?

Each state has different divorce laws. Illinois is currently a no-fault divorce state. You will not list your spouse's addiction as the grounds for you divorce. The only available ground for divorce in Illinois is “irreconcilable differences.” If your spouse contests the divorce and disagrees that you have irreconcilable differences, living separately for at least 6 months is considered sufficient proof of irreconcilable differences.

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 Posted on January 31, 2022 in Child Support

Many parents struggle to pay for college expenses such as tuition, room and board, and related fees. In the United States, the costs associated with obtaining a college education are incredibly high, with college tuition sometimes costing upwards of six figures for four-year schools.

No matter which college your child chooses to attend, tuition rates will likely be high. But if you are divorced in the state of Illinois, you may be wondering who pays for college between you and your ex. Do you both need to pay? Is a 50/50 division of tuition applied to a situation like this?

Illinois Law Regarding College Expenses For Non-Minor Children

Illinois imposes a rare law that may require parents to contribute equal amounts of money toward their child's college expenses until the child turns twenty-three years old. However, it is also possible for this Court order to be extended until the child turns twenty-five years old.

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 Posted on January 27, 2022 in Divorce

A divorce is an inherently tense process. Even when you are facing an uncontested divorce, tensions run high and a lot of difficult conversations must take place.

However, a detail that can make an already-stressful experience even more overwhelming is when a divorce involves partners with high net worths and high-value assets. A high net worth divorce poses a series of challenges that a typical divorce case would not necessarily present.

What is a High Net Worth Divorce?

In order to best understand the challenges that a high net worth divorce poses, it helps to define this type of divorce proceeding. A high net worth divorce involves property with substantial monetary value. Often, divorcing spouses own complex and hard-to-value assets such as a professional practice or business. Having a high net worth creates a situation in which the spouses have more to lose in the divorce. Consequently, the need for experienced, skillful legal counsel in a high net worth divorce can hardly be overstated.

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 Posted on January 26, 2022 in Child Custody

When two parents get a divorce, a major focal point of their divorce proceedings is often the allocation of parental responsibilities and parenting time. These child custody agreements are designed with the best interest of the children in mind. When parents relocate to another city or move to a different state altogether, the relocation may impact your parenting plan.

Three Steps Involved in Relocation When You Share Child Custody

Each instance of relocation when child custody is involved will have its own set of complexities and specifications. The best way to ensure that you have a complete understanding of your situation is by hiring a family law attorney.

Upon looking at the details of your parenting plan and hearing about your desire to move, a divorce attorney can inform you of how to proceed prior to moving. The county you currently reside in, as well as the distance from your current place of residence to where you plan to move, will also be taken into consideration.

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 Posted on January 20, 2022 in Divorce

A common question amongst people who are specifically filing for an uncontested divorce in Illinois is whether or not it is necessary to hire a divorce attorney. While not a requirement to retain legal representation when divorcing, people who are divorcing can benefit greatly from the guidance and experience of an experienced attorney.

But the reason this question is so commonly asked in the face of an uncontested divorce has everything to do with how easy people believe uncontested divorces can be. But why is that? And should you hire a lawyer if you are filing an uncontested divorce in Illinois? Here are the answers to these questions and more.

What is an Uncontested Divorce?

An uncontested divorce refers to a situation in which both parties have agreed on the terms of their divorce. Usually, couples must address the division of marital property and debts, spousal maintenance, the allocation of parental responsibilities and parenting time, and other diviorce issues before they can finalize the divorce.

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 Posted on December 28, 2021 in Child Custody

When Illinois parents file for divorce, they are asked to create a parenting plan. This plan outlines how the parents fulfill parenting obligations as a divorced couple. If the parents can agree on the plan's provisions, they can create the plan together and submit it to the Court for approval. If they cannot reach an agreement, they can each submit their own separate plan to the Court for approval. If you are a parent thinking about divorce, make sure to avoid these common mistakes when creating your parenting plan.

Mistake #1: Undervaluing the Usefulness of the Parenting Plan

The parenting plan is not just another piece of paperwork to fill out. The plan is an opportunity for divorcing parents to decide in advance how they will raise their children as divorced co-parents. The more you and your spouse figure out now, the less you have to discuss in the future. Furthermore, if a parent fails to comply with the plan's provisions, the other parent will have the ability to enforce the parenting plan through the Court. Do not underestimate the importance of this document and its usefulness in your co-parenting future.

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