Posted on December 05, 2014 in Main

When an individual attempts to end their marriage, or tries to inherit from a spouse, it can come as shock to discover he or she was never legally married in the first place. Situations such as these can cause problems for an unwitting spouse, and he or she may suddenly feel abandoned and left without protection under the law. However, in Illinois, there may be hope if certain conditions are met.

Putative Spouse Under Illinois Law

In various cases, the saving grace under Illinois law is the recognition of the concept of a putative spouse. A putative spouse is a person who:

• Goes through a marriage ceremony; and
• Cohabits with another person to whom he or she is not legally married in the good faith belief that he or she was married to that person.

Continue Reading ››

 Posted on November 24, 2014 in Main

Going through a divorce can be very difficult for both spouses. A divorce signifies a massive change in life, and, as such, either or both spouses may wish to seek solace in a new partner for comfort and love. Although dating may provide emotional support, spending time with a new romantic interest could negatively impact the divorce proceedings before they are finalized.

Dating Outside of Divorce May be Grounds

Spouses can get divorced in Illinois by claiming irreconcilable differences and satisfying a time period of separation from each other. Spouses may also be divorced by claiming certain grounds for divorce, one of which is adultery. However, claiming adultery only gives a spouse the basis for a divorce, and is not considered a factor when a court is deciding division of marital property or child custody, as the law does not consider marital fault in those matters.

Continue Reading ››

 Posted on October 19, 2014 in Main

With a new law passed in 2013, Illinois now joins several other states that require casino winnings to be withheld if the winner is behind in child support payments. In addition to casinos, winnings can also be garnished at racetracks and at riverboat gambling facilities to pay overdue child support payments.

With the requirement to collect from casinos and racetracks, gaming establishments are supposed to provide notice to potential winners that the establishments are required to withhold winnings until back child support is paid. Signs to this effect may be at the entrance and exits, the cashiers' cages if applicable, and at any credit points within the establishment. The winner can also be informed at the time the winnings are withheld.

Continue Reading ››

 Posted on September 24, 2014 in Main

Separation and divorce can emotionally and psychologically impact a child. The way parents treat one another can make a significant difference in how a child processes the parents' separation. In some cases, one parent may choose to take a "scorched earth" approach in attempts to destroy the relationship between the child and the other parent. A parent may even exert undue influence on a child by speaking badly about the other parent to ensure he or she receives sole custody. However, when this happens, the child can be left psychologically scarred. In response, a court may decide to end or severely limit the visitation rights of the offending parent.

Possible Criminal Charges

Continue Reading ››

 Posted on August 20, 2014 in Main

Mediation is a part of a process known as alternative dispute resolution, which involves resolving issues outside of the courtroom. In child custody matters, mediation refers to a process where the parties to a divorce come together with a trained mediator to work out custody and visitation issues in their case. The mediator's role is one of a referee, facilitating communication between the parties as they work out the issues in their divorce, and how they would like to see them resolved. Mediators can either be appointed by the judge in the case, or agreed to by the parties. For divorces involving child custody/visitation issues in most counties, judges can and will order the parties to attend mediation through a Court Referred Divorce Mediation Program.

Court ordered mediation may be ordered in situations where the parties need to resolve issues of parental responsibility, custody, visitation, removal and access to children. In mediation, the parties can prioritize the needs of their children, explore their parental relationships, and come up with a parenting plan that works for the whole family. In order to further one potential goal of mediation, working out the child issues in a way that benefits all the parties, the parents are ordered to attend parenting classes. These classes can be very beneficial to parents, teaching them how to co-parent after the divorce.

Continue Reading ››

 Posted on August 18, 2014 in Main

Winning the lottery is not always a cause for eternal bliss. If you are going through a divorce when lady luck knocks on your door, notifying your soon-to-be ex-spouse of your win is necessary. Depending on when and how you obtained the lottery ticket, the winnings may be marital property under Illinois law.

Staying Silent May Not be the Best Course of Action

At first, you may be tempted to wait until your divorce is finalized before mentioning your good fortune. However, a court may later find fraud on your behalf and vacate the settlement. When spouses go through a divorce, they are required to disclose all their assets, income sources, and debts to each other. Various forms will need to be filled out in detail and will also require the accompaniment of supporting documents. Deadlines may also be required. In most counties, the form to be completed is a Comprehensive Financial Statement.

Continue Reading ››

 Posted on July 21, 2014 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 average financial cost of raising a child until the age of 18 was estimated at around $240,000 last year, excluding the cost of a college education. While the joy a child can bring cannot be measured in financial terms, this amount of money can be unmanageable for most parents without some form of assistance. For single parents, the financial assistance from the other parent, primarily in the form of compelled child support, can be invaluable and help them stay afloat.

Calculating Child Support

In Illinois, child support is awarded by the Court and the minimum amount is primarily calculated according to percentages depending on the number of children supported by the non-custodial parent. Other factors to be considered include the monthly income of the non-custodial parent, if the non-custodial parent has other monthly child support or alimony obligations, and any health care payments being paid by the parent.

Continue Reading ››

 Posted on July 15, 2014 in Main

According to survey information, over two million people in the United States get married every year. As two households are merged into one, spouses often share a home, automobiles, income, and other property. Illinois law characterizes property as either non-marital property or marital property. Although the question of whether someone's property is considered marital property or not is usually only pertinent when the property is divided—such as upon death or divorce—individuals and couples may benefit from understanding how courts are likely to characterize their possessions.

Non-Marital Property

According to Illinois law, non-marital property may include:

• Real and personal property acquired by either spouse before marriage. This may include such items as a home, a business, a vehicle, furniture, jewelry, or the like.

Continue Reading ››

 Posted on June 09, 2014 in Main

Regardless of how long you've been married or what caused things to break down, divorce is usually a very hard time for you and your family. Even though you may be anxious and eager to have the marriage officially ended as soon as possible, issues that can crop up during the divorce process can potentially slow things down, causing even more stress and anxiety for everyone involved. It is therefore wise to take some steps before you even file for divorce that will help eliminate some of these issues and complications. Helpful Steps to Take

Helpful Steps to Take Before Filing for Divorce

Quick divorces are possible, but they are rare and sometimes unwise. A lengthy divorce, however, can sometimes be avoided right from the get go. Before filing for divorce, it is helpful to:

1. Talk to your spouse: If possible, have a conversation with him or her about the divorce—when and why you plan on filing, what each of you wants to see happen down the road, etc. Surprising your spouse with divorce papers can cause hostility and anger right away, making an already difficult time even more so. Talking to your spouse about how you feel beforehand can save you time and money on divorce proceedings, especially if you are not entirely sure that you want to end the marriage. But more importantly, it can help avoid feelings of anger and abandonment which can lead to even more contention when the divorce is officially pending.

   Continue Reading ››

 Posted on May 20, 2014 in Main

If you have found "the one," the special person with whom you want to spend the rest of your life; if the ring has been purchased and your beloved has said "yes;" if you've already started planning the celebration of your big day, then an important next step is to examine the marriage requirements for the State of Illinois and make sure that you follow them before you take that trip down the aisle.

Getting the License

First, parties who intend to marry must go to the County Clerk's office in the county in which they wish to be married to obtain a marriage license. The Director of Public Health is charged with prescribing the form for a marriage license application under 750 ILCS 5/202. The application itself is pretty straightforward, but requires some very specific details about the parties. These details include:

• The name, sex, & occupation, of each party;

Continue Reading ››