Posted on May 13, 2016 in Main

It is not uncommon for parties going through a divorce wanting to date prior to the formal conclusion of their divorce. However, many people often wonder if there is a legal prohibition against doing so. The short answer is ‘not technically,' but the long answer is that it can cost you significantly in the divorce process.

Practical Reasons to Wait

Before entering into a new relationship, there are several reasons why one should consider waiting—reasons which have nothing to do with the law. Perhaps the primary reason is to consider one's children, especially if they are very young. Children, while fairly resilient, can react negatively to a new boyfriend or girlfriend, especially very soon after a mother or father moves out of the family home. Children may think of this new person as a ‘replacement.' Additionally, any confusion or upsetting that is caused may be used by your ex-spouse as an argument against you. He or she may even request that less parenting time to be granted to you. Also, it is possible that your ex-spouse may try to allege dissipation of marital assets, especially if you visibly spend money on a new partner.

Continue Reading ››

 Posted on May 06, 2016 in Main

Support obligations are enforced by Illinois law; however, some individuals do everything they can to avoid paying spousal or child support, or to harm or complicate the marital property settlement. While this is obviously never encouraged, it is important to be aware that these situations do occur.

Dissipating Marital Assets

One common occurrence, especially if a spouse does not wish for a divorce to occur, is to dissipate a chunk of the marital assets out of a desire for revenge or a wish to alter the terms of a property settlement. Illinois does recognize dissipation claims, and defines dissipation as the use of marital property or funds for personal benefit unrelated to the marriage. For example, a husband spending money from his and his wife's joint checking account on jewelry for his mistress would almost certainly be ruled to have dissipated those marital funds. This may only occur during the period in which the marriage is undergoing an ‘irretrievable breakdown,' which can in fairness be hard to pinpoint.

Continue Reading ››

 Posted on April 28, 2016 in Main

When a couple decides to divorce, often the process can become convoluted and ugly. Disagreements can occur over everything from parenting time to property division, and many find that there is a more convenient way to go about the process. Collaborative divorce is a relatively new phenomenon, but if the parties are able to work together, the conflict can be minimized.

The Agreement

When beginning a collaborative divorce proceeding, you, your spouse, and your attorneys will sign a collaborative agreement. The agreement will state that all signatories will work together to arrive at a settlement, eschewing litigation. One might wonder what stops someone from agreeing to commit to the process, and then making an end run, so to speak, and filing suit. The answer is that an agreement of this nature in Illinois usually contains provisions barring the attorneys from going to court. A collaborative proceeding also involves several people, many of them neutral parties (such as child specialists, financial advisors and the like), all of whom would be inconvenienced and possibly injured by a spouse's decision to file suit.

Continue Reading ››

 Posted on April 21, 2016 in Main

Any divorced parent has to be ready for the likelihood of paying child support. However, not many wonder exactly what child support is earmarked for under Illinois law. It may be to your advantage to ask—sometimes, if it can be proven that support is being misused, there may be consequences that can affect you, your ex-spouse, and your children.

Formulas and Requirements

Illinois changed its child support formula in 2013 and 2015, bringing it in line with more of the states in terms of the method of calculation. The guidelines now establish a rough minimum that can be ordered per child in Illinois family courts. However, it is important to remember that such numbers are minimums, not maximums. A host of different factors, such as each parent's current and future earning potential and any unique needs the child may have, are factored into a court's determination of the level of support required.

Continue Reading ››

 Posted on April 14, 2016 in Main

After a divorce, some people want to begin a serious relationship faster than others. For those who choose to move on and cohabitate with partners they need to be aware that Illinois law does not allow them to continue receiving spousal support if it is determined that they are truly cohabitating. It is a good idea to familiarize yourself with the law surrounding this issue if your situation is moving in this direction.

Illinois Spousal Support Law

Under Illinois spousal support terminates upon both remarriage and cohabitation. Section 750 ILCS 5/510(c)(3) states maintenance payments will end if the spouse receiving support “cohabits with another person on a resident, continuing conjugal basis.” The common issue is what constitutes a ‘resident, continuing conjugal basis,' and this has been the basis of considerable litigation. The rationale for spousal support terminating upon cohabitation is that a former spouse should not be allowed to ‘double dip,' so to speak—to possibly receive spousal support as well as payments or help with bills from a new partner—while their former spouse is essentially forced to help support two households.

Continue Reading ››

 Posted on April 07, 2016 in Main

Married parents are free to decide whether to contribute to their children's college educational expenses or not. However, in Illinois divorced parents who can't agree on whether to contribute to their children's college educational expenses and leave it up to the court may have no choice.

Is it Mandatory?

Illinois law holds that the court may “set aside sums [from marital property] … as equity may require” to help pay educational expenses for any child of the parties'. Educational expenses are defined as anything from tuition to books to room and board. These sums can be withdrawn, usually in the event of academic failure or criminal wrongdoing, but a parent cannot simply cease to pay because he or she feels like it.

If, in a divorce judgment, the court orders that a parent be responsible for all or part of his or her child's college expenses, it becomes mandatory that he or she does so. This obligation may be modified only upon motion and a showing of a substantial change in circumstances.

Continue Reading ››

 Posted on March 24, 2016 in Main

NOTE: A new Illinois law governing how child support is calculated went into effect in July 2017. Please visit our child support page for details

The state of Illinois takes the obligation to ensure children are supported very seriously. As such, if you are divorced within the state and default on support payments, attorneys have many tools available to them to help collect unpaid child support arrearages. The most common method of doing so is wage garnishment, via your employer.

Why Garnishment?

In Illinois, wage garnishment is used to enforce a variety of court orders, though child support is the most common. It is seen as the most reliable way to obtain money from a parent who owes child support. Under Illinois law, unpaid child support becomes a judgment as a matter of law after 30 days from the date it was due. As such, it is not necessary to go back to court in order to issue a separate wage garnishment for unpaid child support.

Continue Reading ››

 Posted on March 17, 2016 in Main

No good parent wants their children removed from their home. However, if reasonable cause is given, it can happen. If you are placed in this horrible position, there is a specific procedure that is generally followed by the courts. Moreover, you are expected to comply. Therefore it is imperative that you understand your obligations and your rights during this difficult time.

Procedures Before the Dispositional Hearing

The end stage of the child protection process is referred to as the dispositional hearing. Before that, however, there are several different hearings to determine your fitness as a parent and whether or not your child's safety requires foster care.

The first hearing can occur as quickly as 48 hours after the child's removal, and it essentially assesses whether the child needs to be placed under the protection of the Department of Child & Family Services (DCFS). If the answer is no, then the child goes home with his or her parents and the file is closed. This finding is unusual, however; a judge will generally discover that there is at least reason to conduct an investigation.

Continue Reading ››

 Posted on March 10, 2016 in Main

Maintenance in Illinois usually takes the form of either a lump sum payment or periodic payments over a period of time. Under Illinois law maintenance terminates upon remarriage and/or cohabitation of the spouse receiving maintenance with an adult individual on a continuous conjugal basis.

Under Illinois law, once a marriage ceremony has been performed, spousal support terminates. Compared to a remarriage situation, support issues regarding cohabitation are more vague and complex. If one spouse can show that the other is living with someone else “on a resident, continuing conjugal basis,” then he or she can petition to have maintenance payments terminated. However, cohabitation is not as defined as remarriage.

The crux of the matter is that the two people in question must be living in a “de facto husband and wife relationship” to be considered cohabitating. There are many different factors that a court will consider when deciding whether this is in fact the case. Factors include:

Continue Reading ››

 Posted on March 03, 2016 in Main

Generally, Illinois law does not require that attorneys' fees be paid by one spouse or the other. However, there are situations in which a court may step in and award attorney fees to a spouse, especially if the financial situation in the marriage is significantly lopsided. In these situations, the burden is on the spouse needing help to show that he or she has no ability to pay an attorney.

The most well-known Illinois decision on this topic is In re Marriage of Earlywine, which was decided in 2013. Neither Earlywine had funds to hire a divorce attorney, but the husband's family loaned him enough to do so. The court held that since Mr. Earlywine now had a concrete advantage over his wife, he was obligated to contribute toward her attorney's fees so as to level the proverbial playing field. This was held despite the fact that a significant portion of the money had already been paid to Mr. Earlywine's attorney; the concept of a “level playing field” in divorce litigation was deemed more important in terms of public policy by the court.

Continue Reading ››