Posted on August 20, 2019 in Child Custody

When parents are divorced, the death of a parent can create a number of difficulties. If the deceased ex-spouse was the custodial parent, this will likely mean that the other parent will have more parenting time with their child. However, it is important to understand how Illinois courts address child custody in cases in which a parent dies.

The Courts Are Generally in Favor of the Surviving Parent

When a custodial parent dies, and the courts need to reassign custody of children (known as “allocation of parental responsibilities” in Illinois), they will generally give preference to the surviving parent. The court will typically assume that the surviving parent has a greater interest in the care, custody and control of the child than anyone else. This will generally hold true even when another person, such as a grandparent or stepparent, asserts rights over the child.

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 Posted on July 08, 2019 in Divorce

In any divorce, there are a wide variety of complicated issues that must be addressed and resolved, and disputes over child custody, child support and property division can make emotions run high. However, there are some divorce cases that have all of these issues and even more. High net worth divorces can be extremely complex, since they will have the same issues as any other divorce, along with additional factors that can make resolving these cases more challenging. These factors may include:

The Scope of Assets

Typically, there are many assets in a high net worth divorce, and determining how to divide marital property can be difficult, especially when this property includes assets such as real estate, investments and retirement accounts. An asset acquired before the marriage will typically be considered separate property that is not divided during the divorce process. However, if a non-marital asset appreciated in value during the marriage, the courts may view this appreciation as marital property. Determining what assets are considered marital property and how to divide them fairly and equitably during divorce can be a complicated undertaking.

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 Posted on July 03, 2019 in Divorce

Parental alienation during divorce is more common than many people think. One study has found that parental alienation plays a part in 11 to 15 percent of all divorces. For the parent being alienated, this can be devastating and frustrating. How does one prove the other parent is attempting alienation of children? Is there anything a parent can do about this?

What Is Parental Alienation?

Parental alienation occurs when one parent attempts to interfere in his or her children’s relationship with the other parent. This commonly happens during and after divorce, although sometimes it may even begin to happen towards the end of the marriage.

A parent may commit alienation by telling their children that the other parent does not really love them or does not want to see them. However, alienation is not always so obvious. Sometimes, one parent will simply speak negatively about the other parent in front of the children, such as by blaming the other parent for the divorce, for financial difficulties, or for any other problems the children are experiencing. Over time, children may believe what they hear and start to pull away from the parent they are being alienated from.

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 Posted on June 24, 2019 in Divorce

If you feel that your marriage may end in divorce, you are probably wondering about the steps that you will need to follow to complete the process of dissolving your marriage. Since divorce almost always causes financial upheaval, you also may be wondering if you can save money by attempting to complete the process without being represented by an attorney.

Should I File for Divorce Without a Lawyer?

In Illinois, everyone has the right to represent themselves in court and that includes while getting a divorce; however, if you and your ex-spouse will need to resolve disputes through litigation in court, you should seek the help of an attorney. A lawyer will ensure that your rights are protected throughout the legal process and help you understand the steps that will be followed and the requirements.

If you and your ex-spouse are able to work together to resolve the issues that must be addressed during your divorce, mediation is often a good solution. During mediation, you and your ex will meet with a neutral mediator over the course of several meetings, and you will work together to iron out the terms of the divorce. The mediator will try to facilitate conversations and help you reach agreements that you both find satisfactory.

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 Posted on June 21, 2019 in Divorce

Getting a divorce is rarely easy. When a couple is facing divorce, they often envision lengthy legal battles in the courtroom. However, divorce proceedings do not have to involve the courtroom at all, and ex-spouses are often able to part ways amicably. When a couple wants to minimize the amount of conflict in a divorce while having control over the terms of their divorce settlement, they often turn toward mediation.

Mediation is a process in which the two divorcing spouses meet with a mediator to come to an agreement on all terms of the divorce, including child custody, child support and property division. Mediation often sounds like the ideal solution because these proceedings are civil and respectful. However, like anything else, mediation does have its own pros and cons. You should weigh these against each other when considering whether mediation is a viable solution for you.

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 Posted on June 20, 2019 in Divorce

Illinois is an equitable distribution state. This means that when two people get divorced, the courts will divide their marital property equitably, or fairly. This type of property division is usually fairly straightforward, but there are certain factors that can make it more complicated. Today, frozen embryos are one issue that can make a divorce case especially complex.

There are currently hundreds of thousands of frozen embryos in the United States, and because of this, the number of divorces involving frozen embryos is likely to increase. Since the courts in Illinois have not yet set a precedent for dividing frozen embryos between divorcing spouses, the decisions made during a divorce will likely depend on the facts of the case. So, what facts are taken into consideration when frozen embryos were part of a marriage and are now part of a divorce?

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 Posted on June 03, 2019 in Child Custody

Even those who do not regularly follow celebrity news may have heard about the breakup of Khloe Kardashian and Tristan Thompson. Aside from the entertainment aspect of the story, people may be curious about the legal effects of the breakup and how similar matters would be handled in Illinois. Since the couple has a child together, the question of how child custody and child support will be handled may be on some people’s minds.

Child Custody for Unwed Parents in Illinois

When a child is born to a married couple in Illinois, the husband is assumed to be the father of the child. However, that is not the case when the parents are unwed. If unmarried parents break up, the parentage of the child will need to be legally established before decisions can be made about child custody.

Parentage is established in one of three ways in Illinois. The easiest way is for both parents to complete a Voluntary Acknowledgement of Paternity (VAP) in which they both agree the man in question is the biological father of the child. If the parents do not agree to submit a VAP, a court may order DNA testing to establish that the man is the child’s biological father, and an Order of Paternity will be issued. In addition to these options, the Illinois Department of Healthcare and Family Services may also conduct paternity testing and enter an Administrative Paternity Order.

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 Posted on May 31, 2019 in Child Support

There are few things more difficult for a family to go through than divorce. This is particularly true when there are children involved. Emotions run high, and everyone wants to leave the marriage in a manner that is fair to them, and the entire family can struggle to move on with their lives. In addition to all of this, parents must negotiate a child custody agreement and determine child support obligations. During this process, there are three very important things each parent must keep in mind.

1. Keep Your Emotions in Check

Spouses will normally experience strong feelings when going through a divorce, such as sadness, anger, disappointment and frustration. However, letting these emotions rule child custody negotiations typically results in a longer, more difficult process. Parents should do their best to try to avoid being confrontational during these proceedings, and remember at all times that negotiations are taking place in the best interests of the child, not the parents. In addition, remember that these negotiations can take time. Rather than rushing to reach an agreement as soon as possible, you should ensure that the final agreement protects your parental rights and meets your children’s needs.

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 Posted on May 30, 2019 in Divorce

A study conducted in 2012 showed that many couples choose not to get divorced because they believe it will be too expensive. Even though that study was done several years ago, the same holds true today, and those who are considering ending their marriage may be concerned about the cost of doing so. If you are thinking of getting a divorce in Illinois, you are likely wondering how much will it really cost?

The answer to that question can vary depending on the circumstances of each individual case. However, Illinois is one of the costliest states to get a divorce. In fact, in the Prairie State, the average cost of a divorce is $13,800. When factors such as child support and alimony are involved, the total costs can climb to approximately $35,300. Some factors that can affect these costs include:

The Filing Fee

One cost no couple can get around when filing for divorce is the filing fee. This fee is required in all cases, whether the divorce is contested or uncontested. In Illinois, this fee averages around $289, depending on which county you reside. This is higher than the national average but is still not the highest in the country. In certain situations, such as when a low-income couple is getting a divorce, these fees are sometimes waived.

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 Posted on May 29, 2019 in Premarital Agreement

Hollywood is accustomed to ugly divorces. In 2018, Jersey Shore actor Jenni “JWoww” Farley filed for divorce from her husband, Roger Matthews, and now Matthews is contesting the validity of the couple’s prenuptial agreement. While the concerns of reality TV stars do not apply to most of us, any couple can have a prenuptial agreement. If you are going through a divorce, and you have a prenup, you will want to be sure to understand how Illinois law will apply to your case, including whether your prenuptial agreement can be contested.

Prenuptial Agreement Laws in Illinois

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