Posted on March 21,2017 in Kane

In most divorce cases, there are a variety of different considerations that must be addressed, including the division of marital property, maintenance concerns, and the allocation of parental responsibilities. Fortunately, many divorcing spouses are able to remain civil and diligently negotiate a reasonable agreement that resolves all of their outstanding issues. While such cooperation is not always possible, spouses who can work together toward reaching a settlement often realize significant savings in terms of time and money throughout the process.

During the course of negotiations or informal conversations, you and your spouse may agree to certain terms. No matter what is said or agreed to orally, it is important that you record all of your agreements in writing so that there is no confusion or uncertainty down the road.

Most Oral Agreements Are Unenforceable

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 Posted on March 17,2017 in Main

In your divorce case, you and your spouse will need to make difficult decisions on a large number of considerations. If the two of you are able to cooperate and negotiate amicably, you may be able to reach a reasonable agreement; however, if you cannot, it will be up to the court. In cases where spousal support, known as maintenance under Illinois law, is requested, the court is required by law to take a number of factors into account before making a determination. If you believe that maintenance is justified in your case, you need to understand what those factors are.

Reasons for Maintenance

A maintenance award is meant to offset some of the negative impact that a divorce can have on a financially disadvantaged spouse. In many marriages, one spouse is the primary earner while the other is essentially dependent on him or her, either by mutual agreement or due to the family’s circumstances. A divorce could place a spouse who relies on his or her partner financially in a very vulnerable position. It can be extremely difficult—impossible, in some cases—for that spouse to support him- or herself, especially if he or she is also primarily responsible for the care of the children. This is why maintenance exists, and the Illinois Marriage and Dissolution of Marriage Act provides the court with a list considerations that must be made when deciding on the need for spousal support.

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 Posted on March 08,2017 in Main

If you are a divorced parent, it can be challenging at times to maintain a healthy close relationship with your child when you have limited parenting time and relatively few parental responsibilities. Your bond with your child can be even further strained if your former spouse decides to remarry. Many parents are willing to endure the new challenges because the child may experience a renewed sense of security and stability as a result of the remarriage.  But, what if the other parent’s new spouse expresses interest in legally adopting your child? Do you know what your rights would be in such a situation?

Divorcing Parents

According to the law in Illinois, a child can have only two legal parents. When a child is born to a married couple, each spouse is presumed to be the child’s legal parent unless there a reason to believe otherwise—a paternity action filed by a third party, for example. A divorce does not alter either spouse’s status as the child’s legal parent. When a divorced parent remarries, his or her new spouse is not automatically afforded any parental rights or responsibilities under the law. He or she may be the de facto head of the household and act as a parental figure, but those are practical concerns and not legal considerations.

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 Posted on March 07,2017 in Kane

If you have been ordered to pay alimony—legally known as maintenance in Illinois—your payments are meant to ease the financial effects of the divorce on your ex-spouse. A court may also order maintenance to allow a financially disadvantaged spouse to maintain a standard of living reasonably similar to that which you both enjoyed during your marriage—especially if yours has not markedly changed. In the years that follow your divorce, however, your spouse may find a new romantic partner and begin a relationship. Depending on the nature of that relationship, your obligation for spousal support payments may be affected.

Duration of Support Orders

Most orders for spousal maintenance are set for a predetermined number of months or years. The Illinois Marriage and Dissolution of Marriage Act provides a formula for calculating the length of the order as a function of the length of the marriage to be used in most situations. Longer marriages result in relatively longer orders for maintenance, and some cases may result in permanent orders. While Illinois law does use the word “permanent,” it is not an ironclad guarantee that payments must continue until one spouse dies. There are certain occurrences that could permit you to stop making maintenance payments in spite of a permanent order.

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 Posted on February 25,2017 in Kane

A divorce can be extremely stressful and difficult for everyone involved. Regardless of how long the marriage lasted or whether or not there are any children involved, virtually all divorcing couples face complex legal considerations and lifestyle adjustments. When divorce decisions are left to the discretion of the court, it is common for both spouses to be somewhat disappointed in the outcome. In some cases, a spouse may even believe that the court made a mistake in interpreting or applying the law. While many people assume that a divorce decree is final, this is not always the case.

When to Appeal a Divorce Decision

In any legal matter—especially those that make to trial—at least one of the parties is going be left feeling that the outcome was unfair. A divorce is fairly unique in that most judgments represent a compromise of sorts meaning that there is no clear "winner" or "loser." If, however, the judgment seems to favor the other party, it is understandable to experience feelings of frustration and disappointment. Simply being dissatisfied, however, is not sufficient grounds for an appeal.

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 Posted on February 21,2017 in Main

For most couples, a wedding is a culmination of months—if not years—of planning for a day that will mark the beginning of the rest of their life together. With a ceremony, reception, and honeymoon to put together, relatively few give much thought to a prenuptial agreement. However, as thousands of American divorcees would attest, developing such a contract with your soon-to-be spouse can safeguard your personal and financial well-being.

What is a Prenuptial Agreement?

A prenuptial agreement is a contract that a couple who are going to get married may create and sign prior to their wedding. The agreement typically specifies details how the couple will split their finances in the event of divorce. This includes the division of marital property, such as the house, bank accounts, and marital debt. If you or your spouse own a business, your agreement could also outline your plan for your interests should divorce become a reality. Prenuptial agreements can also be used for other considerations, such as the payment of spousal support and the payment of attorney's fees in the event of divorce.

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 Posted on February 09,2017 in Main

Under ideal circumstances, it can be very complicated to file your personal income taxes correctly. If you are in the midst of a divorce, the situation can quickly become even more complex. As this year's tax season gets underway, there are a few things to keep in mind that could helpful if you are in the middle of a divorce or your divorce recently finalized.

You Probably Have Choices

The Internal Revenue Service offers taxpayers the ability file their annual tax returns several different ways. Those who are legally married typically have the most options. Legally married refers to your marital status on December 31 of the tax year in question. As such, even if you filed your petition for divorce before the end of the year, you are still legally married until the process is finalized and your judgment is formally entered by the court.

If you were still married on December 31, you may file your taxes as “married, filing jointly.” Depending on the nature of your case, you could also file as “married, filing separately,” but your tax liability will probably be lower if you choose to file jointly. Filing as “head of household” is also possible, and your tax advisor can help determine which is right for your situation. It is important to remember that if you file a joint return, you and your spouse will need to cooperate in the filing process and agree to what is included on the return. You cannot file a joint return without notifying your spouse and getting him or her to sign the filing.

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 Posted on January 25,2017 in Main

Most parents are aware that in a divorce, a parent is typically required to make payments of child support to help with the costs of raising a child. It may come as a surprise to learn that the method for calculating child support payments in Illinois has not changed very much in the last several decades. Even last year's sweeping family law reforms, which updated the state's approach to divorce and child custody—now called the allocation of parental responsibilities—failed to address the issue of child support. Beginning this summer, however, child support calculations in Illinois will be handled much differently than they are today.

Understanding the Current Law

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) currently directs a court to calculate child support orders as a percentage of the paying parent's income based on the number of children to be supported. The court is granted limited authority to deviate from the set percentages due to special circumstances of each individual case. As written, however, the statute only considers the paying parent's income. The current law does not account for the recipient parent's income or time that the supporting parent spends with his or her child.

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 Posted on January 11,2017 in Main

Social media networks present unique dangers to your divorce and child allocation proceedings. In criminal or personal injury cases, clients are often advised to make their profiles private so that investigators or insurance companies cannot see their posts or profiles. In divorce and child allocation actions, making your social media private may not be enough of a protective measure because there is a greater likelihood that your account is connected with other people involved in your case, including friends and family members.

Taking Precautions

When you are involved in a divorce-related legal matter, consider adjusting the privacy settings of your social media accounts. In addition to making your profile private, you may also wish to limit your posting to social media. You should keep in mind that anything you post to social media could eventually be presented in your family law proceedings. Common examples may include:

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 Posted on December 21,2016 in Main

The winter holiday season is a time that is meant to be shared with friends and loved ones. For some families, however, spending time together can be a challenge due to divorce, child-related legal matters, and other concerns. No matter what you may be going through, you and your children deserve to enjoy the Christmas season, and there are some steps you can take to help make that happen.

Be More Flexible

Shared parenting time is often a major point of contention for divorced parents around the holidays. You want to see your children on Christmas, but so does their other parent. It is important to keep in mind that fighting with your ex-spouse will do nothing to promote a happier holiday for you or your children. Try to compromise on a parenting time schedule that affords you both the opportunity to share in the joy of the season with your children, even if you do not get as much time as you would like.

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