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

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 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.

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 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.

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 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.

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 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.

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 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.

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 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;

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 Posted on May 15, 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

When parties going through a divorce have children, the issue of child support will inevitably arise. How child support is calculated is different in each state; some have complicated formulas which are difficult for parties to understand. The Illinois child support statutes are relatively straightforward, from a legal perspective. While there are some gray areas which allow room for argument regarding support, a skilled family law attorney can make the process of calculating child support relatively easy.

Illinois statute 750 ILCS 5/505 defines a child, with respect to child support, as one "under 18 or any child under 19 still in High School." The statute further states that parents have a duty of support owed to a child which includes an obligation to provide for "reasonable and necessary educational, physical, mental, and emotional health needs of the child." Although both parents technically owe a duty of support, the non-custodial parent (or non-residential parent) often ends up as the payor of support to the custodial/residential parent (the parent with whom a child or children primarily resides).

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 Posted on January 29, 2014 in Main

Remarrying after a divorce can be a challenging endeavor; this is even more so when you also have children from that previous marriage. Readjusting to a new life and lifestyle after a divorce is difficult for both parents and children. Adjusting to the idea of a parent remarrying, however, can be particularly difficult and traumatic for children.

According to the American Psychological Association(APA), children can begin to feel competitive or even abandoned as their parent begins to spend more time with a new spouse. Teenagers may feel uncomfortable witnessing romantic gestures or expressions of physical attraction between their parent and a new stepparent. Therefore, parents have to be careful to balance the relationship with their children and the relationship with their new spouse.

Additionally, stepparents face the numerous challenges presented by caring for children that are not their own. This is particularly so with younger adolescents (ages 10-14), as this age group tends to have a more difficult time adjusting to a stepparent than children in other age groups. The APA suggests that stepparents attempt to bond with their spouse's children in a friendly manner (akin to a camp counselor or mentor) before attempting to become a disciplinarian with them.

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 Posted on January 07, 2014 in Main

Divorce has many serious and far-reaching consequences, many of which are well-known: changing the make-up of a family home, altering the amount of time children spend with parents, etc. One area people may not consider, however, is the effect a divorce can have on a family-run business.

The first step in protecting a family business interest is to draft a quality pre-nuptial or post-nuptial agreement which addresses the way a business will be divided in the event of divorce. These types of agreements can include clauses that define and control how businesses are valued. For example, if the business increased in value during the marriage, that profit could be shared by both spouses. But if the agreement states that premarital property (in this case, the value of the business) retains its character, then that profit would not be divided and would remain the non-marital property of the owning spouse.

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