Posted on December 00, 0000 in Divorce

Most parents hope that their children attend college or vocational school after high school graduation, and many want to help their children pay expenses associated with earning that higher education. But with 57.4 percent of all Illinois high school graduates going directly to college, are parents required to pay for their child’s college education? Or does their child support duty end when the child turns 18?

Support for Non-Minor Child’s Educational Expenses in Illinois

In most Illinois child support orders, the obligor parent (the one ordered to pay support) is no longer required to make payments once his or her child graduates from high school or turns 19. However, in some instances, the Court can order child support payments to be paid toward a child’s educational expenses, including college or other professional training.

Continue Reading ››

 Posted on December 00, 0000 in Divorce

The decision to divorce, regardless of a couple's age or length of marriage, is a difficult one. Recent studies show that the rate of divorce among couples age 50 and older have doubled in the past two decades; in 2009, one out of every four divorcing couples were over the age of 50. In fact, a host of high-profile celebrities have split up over the past year, after decades of being married. This publicity sheds light on the fact that couples who have been together for a long time are not always guaranteed a life together forever.

What causes a couple who has been together a long time to finally call it quits?

The children are gone. The oft-heard refrain among unhappily married couples is: “We’re staying together for the sake of the children.” Once the children are out of the house — or even longer, as some couples stay together for the sake of their adult children — the glue that held a marriage together is gone, and couples are left with nothing more to do than head to divorce court.

Continue Reading ››

 Posted on December 00, 0000 in Divorce

Facebook. Twitter. Instagram. If you have access to a computer or smartphone, you most likely have an account on at least one social media site. They are a great way to connect with far-flung family and friends, post photos and updates about what is going on in your life, and even vent now and again. However, if you are involved in a divorce or child custody case, what you post on social media could negatively impact the outcome of those cases.

Many people believe that what they post on social media is a private interaction between them and 350 of their closest friends. And while there are privacy settings users can put in place to restrict non-friends or followers to see their photos or read their updates, many people’s pages do not employ these privacy settings. In fact, 80 percent of attorneys report combing through social media sites for evidence that can be used against the opposing party. Hence, even if your accounts are set to private, family, friends or even members of private online groups may be sharing information with your significant other.

Continue Reading ››

 Posted on December 00, 0000 in Divorce

There are a variety of online companies that offer document preparation and do-it-yourself forms for couples going through a divorce or needing assistance with child custody issues. These sites promise to save users significant amounts of money in attorney fees and to resolve their issues amicably and without protracted litigation. However, document preparation sites are a poor substitute for the advice of a qualified, experienced legal professional.

Listed below are suggestions to consider before deciding to handle any family law issue on your own.

Continue Reading ››

 Posted on December 00, 0000 in Divorce

Awarding alimony to stay-at-home parents that terminates when their youngest child turns 18, or when they remarry — whichever comes first — is not an uncommon action by the Court. Not wanting to lose alimony payments, however, some decide to never marry again and intend on receiving the alimony payments for the duration of their entire lives.

But what if a spouse who receives alimony moves in and establishes a relationship with a new partner that is akin to marriage, minus the official papers? Can alimony be terminated?

Modification of Palatine Alimony Award Based on Cohabitation

Under Illinois law, an alimony award can be terminated if a person receiving spousal support (the obligee) “cohabits with another person on a resident, continuing conjugal basis.” The purpose of this law is to prevent the situation mentioned above — a person who purposely remains unmarried just to be continue to receive spousal support.

Continue Reading ››

 Posted on December 00, 0000 in Divorce

Issues such as adultery, drug use or alcoholism may lead to a couple's divorce. However, a recent study has exposed one more cause — Facebook. According to the study, Facebook, which allows users to “friend” long-lost friends and ex-love interests, is the root cause of one out of every seven divorces.

Facebook and Divorce

One's casual “friend request” to a long-lost love could reignite an old flame. Another's connection with a stranger in a Facebook group might lead a spouse to abandon his or her marriage for a new “love.” Still, such scenarios do not mean that all married couples must give up Facebook or other social media sites entirely. Nor does it mean that you will leave your spouse just because your are in touch with an ex. However, if you are investing too much time on Facebook and not enough in your marriage, the following signs may suggest trouble.

Continue Reading ››

 Posted on December 00, 0000 in Divorce

In addition to allowing for fault-based divorce, the state of Illinois allows no-fault divorce, based on a couple’s “irreconcilable differences.” A no-fault divorce may be pursued if neither spouse was at fault — there was no cruelty, infidelity, bigamy, abandonment, drug or alcohol abuse, etc.

If you simply do not want to air your dirty laundry in Court, or do not want to go through the stress of a trial and having to prove fault, then a no-fault divorce may be your best option.

Requirements

To obtain a no-fault divorce in Illinois, a couple must fulfill three requirements:

Continue Reading ››

 Posted on December 00, 0000 in Divorce

With the recent historic Supreme Court ruling in Obergefell v. Hodges, same-sex marriage is now legal everywhere in the United States. While legal in Illinois for over a year, the effect for couples who may want to move or travel out of Illinois is significant.

Same-Sex Marriage in Illinois

In 2013, the state legislature approved same-sex marriage in Illinois. Effective as of June 2014, the law allows for same-sex marriage while protecting religious liberties and provides that religious groups may choose which marriage ceremonies to perform; they may not be sued if they refuse to perform a same-sex marriage.

Continue Reading ››

 Posted on December 00, 0000 in Divorce

The calculation of spousal maintenance, or alimony, has become increasingly inconsistent in recent years due to the large amount of discretion given to individual judges in assigning awards. However, in 2014, the Illinois legislature passed an amendment to the state’s alimony law. The new law works to limit individual judges’ discretion in alimony awards by providing judges with a specific set of spousal maintenance guidelines to follow when making their rulings.

The Illinois Marriage and Dissolution of Marriage Act

Prior to the passage of the amendments to the Marriage Act, Judges determined whether a spouse was entitled to alimony based on factors listed in the Illinois statutes. These factors included:

Continue Reading ››

 Posted on December 00, 0000 in Divorce

When a couple divorces, one spouse is often left at an economic disadvantage in comparison to the other spouse. When this happens, the Court may award alimony (spousal support), known in Illinois as maintenance.

In Illinois, there are several types of spousal support designed to serve multiple purposes. The duration and the amount of maintenance awarded varies based on several factors and on the circumstances of the marriage.

Temporary Maintenance

Typically, Illinois Courts do not award permanent alimony until a divorce has been finalized. In the interim, the spouses may agree to an amount of support. However, if a couple cannot agree on a support amount, a Judge can order temporary maintenance. Usually, a temporary alimony order ends when the Court issues a final divorce decree.

Continue Reading ››