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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 Posted on December 14, 2016 in Main

When you are arrested on suspicion of a crime, the arrest becomes part of your permanent record, even if you are never convicted. Prospective employers, lenders, and school admissions officials—among many others—may look into your criminal background when considering your application for a job, a loan, or an educational program. Having even a single arrest on your record can lead to embarrassing questions and conversations for many years after the fact. Depending on the outcome of your case, you may qualify to have the arrest expunged, or erased from your record. Now, a new law is extending the possibility of expungement to a much larger group of individuals in an effort to create more opportunities for those with a mistake or two in their past.

What Is Expungement?

According to the law, “‘expunge' means to physical destroy the record or return them to the petitioner and to obliterate the petitioner's name from any official index or public record, or both.”

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 Posted on November 16, 2016 in Main

When you have limited time with your child due to a divorce or breakup, the time you do get to spend with your child is extremely valuable. It is during this time that you must foster the relationship you share with your child and strengthen the parent-child bond between you. Anything that threatens your parenting time, then, must be taken very seriously, especially if your parenting time could be affected for an extended period of time. This is typically the case when your child's other parent intends to move with the child to a new city or state. Such a move is usually considered a relocation and Illinois law provides you, as a parent, with certain rights to object.

Legal Definition of Relocation

The Illinois Marriage and Dissolution of Marriage Act defines a relocation as a move by a parent with half or more of the parenting time outside of a certain radius. A move is considered a relocation if it includes the child and is a move of:

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 Posted on November 02, 2016 in Main

Normally, when one thinks of divorce proceedings, one imagines a fairly orderly process. However, a number of unexpected events can happen that can complicate matters considerably. One of the most common, though it might seem implausible, is that one spouse may simply refuse to participate in the process. When this happens, it is entirely understandable to wonder whether your divorce can go forward at all.

Grounds and Separation Questions

The question of grounds for divorce no longer plays a role in your ability to obtain one. Illinois formerly required grounds for divorce such as bigamy, impotence, and mental cruelty, but, now, a no-fault divorce will be granted simply based upon “irreconcilable differences.”

Serving the Papers

In popular culture, there is the trope that both spouses must sign the divorce papers, but in Illinois, this is not, in fact, the case. All that is required under Illinois law is that your spouse must be aware of the petition; namely, you must serve your spouse in an appropriate manner so that he or she is able to exercise their legal right to respond to the petition.

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 Posted on October 04, 2016 in Main

Given the difficult events of recent months and weeks, many members of the LGBTQ community are finding it necessary to become more acquainted with the law surrounding their civil rights to exercise many abilities that others would find standard. While the right to marry has been solidified in the law, there are other aspects of legal personhood that are still lacking in terms of codification. Illinois, while generally seen as one of the more progressive states in the U.S. in this regard, does still have specific regulations that must be observed.

Parenting and Adoption

After the right to marry, the right to have and/or adopt children might naturally be thought to come next. Illinois does recognize a same-sex couple's right to adopt children, as well as certain surrogacy contracts - not all, however. Only gestational surrogacy contracts are deemed legally valid in Illinois, while traditional surrogacy is seen as being against public policy. The rationale is that traditional surrogacy uses the carrier's eggs, thus giving them a personal and biological stake in the child being born. This renders any contract for surrogacy unconscionable, at least under Illinois law, as it is seen as not dissimilar to selling children.

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 Posted on September 29, 2016 in Main

Families turn to adoption for a number of reasons. Some are unable to have their own children. Others already have children of their own but want to open their home to others in need. Still some may have stepchildren who they wish to legally adopt. Whatever the situation, adoption can be a beautiful and rewarding way to start or grow a family. If you are thinking about adoption but do not know where to start, the following can help you understand your options for adoption in Illinois.

Types of Adoption in Illinois

Adoption comes in many different forms. The following are options available to prospective parents in Illinois:

• Foster child adoption – At any given time, there are 100,000 children in the foster care system awaiting safe and permanent homes. Some have special needs. Others do not. All of these children have parents whose rights have been (or are in the process of being) terminated. Unless adopted, these children age out of the system, which places them at risk for poor educational outcomes, homelessness, and unemployment. When you pursue this option, you are giving hope to a child in need.

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