Posted on December 00, 0000 in Main

Perhaps you did not see a divorce coming. Perhaps you missed all the red flags, and attributed the lack of communication, intimacy problems, and petty arguments over finances to work-related stress. Perhaps you were completely blindsided by the possibility of a divorce.

Coming to terms with a pending divorce is an extremely emotional endeavor, but it's best to start preparing for reality as soon as possible. Your first line of defense should be to schedule an initial consultation with an experienced Illinois divorce attorney.

Before your first appointment, run through the following checklist to calm divorce discussion jitters and to help ensure a level playing field in the future:

Emotions and Finances

Just like old team rivalries, dealing with the finances in a divorce can be rough. When it comes to discussing pre and post-divorce financials, don't let your emotions get in the way, instead let the numbers calculate the outcome. Your attorney should be able to thoroughly analyze you and your spouse's financials and advise as to what the numbers show and how you can obtain the best financial outcome.

Continue Reading ››

 Posted on December 00, 0000 in Main

In 2012, the number of individuals in the United States who filed for divorce rose for the third year in a row. All three of those years were following a major recession, perhaps indicating a link between economic improvement and the number of people seeking a divorce.

Though bad news for those who do not want a divorce, the upswing in the number of people filing for divorce could be an indicator that peoples' personal financial situations are improving—meaning, those who file for divorce now have the ability to pursue a divorce where perhaps previously poor finances would have prevented them from filing.

When the economy is in a recession, and especially when unemployment numbers are up, people tend to avoid potentially costly big life changes if they can. And it's not just the legal fees people are trying to avoid; for example, couples who want to divorce often have property that should be listed for sale. In the midst of a bad housing market, these couples might decide it simply doesn't make sense to divorce and split finances when they could wind up losing value on their property.

Continue Reading ››

 Posted on December 00, 0000 in Main

Mediation is a useful tool for all divorcing couples to help resolve issues related to the divorce outside of the courtroom. Mediation may have some added benefit, however, for Jewish women who are able to obtain a divorce in civil court, but who may be denied (by their husbands) a Jewish religious divorce , known as a “get.” According to the Huffington Post, this problem is becoming a crisis for Jewish women whose husbands refuse to allow a get. By utilizing mediation, however, women may be able to obtain both a civil and religious termination of their marriage. There are several reasons why the use of mediation may be a better alternative for women potentially facing this issue.

To start with, mediation can remove the potential for courtroom drama, which could cause an Orthodox religious man to feel embarrassed or that he is being treated unfairly (which could be reasons for denying a get). Additionally, instead of focusing on the civil litigation aspect of ending a marriage (which can cause anger, frustration, and resentment), mediation allows for the possibility of more creative solutions, tailored for the parties and created by them rather than by strangers. Having more control over life post-divorce through creative mediation settlements can also reduce some of the tension between a divorcing couple, allowing them to find more common ground. All of this could lead to a husband being more open to the idea of a get than by simply pursuing civil litigation alone.

Continue Reading ››

 Posted on December 00, 0000 in Main

There are two “dueling” bills currently pending in the Illinois legislature that relate to divorce and parenting time (otherwise known as visitation). The passage of one of the bills, House Bill 1452, would introduce sweeping changes to the Illinois divorce laws. The other bill, House Bill 5425, focuses only on setting new standards and presumptions for parenting time for non-custodial parents.

Although there is not one single “standard” visitation schedule for non-custodial parents, a common default arrangement gives a non-custodial parent visitation every other weekend and one or two evenings for dinner during the week. Many in the family law profession believe this default schedule needs to change. In 2008, the Family Law Study Committee was formed to address proposed changes to Illinois divorce law. Members of that committee included family advocates, attorneys, and members of the legislature. Their recommendation was that giving both parents equal parenting time is often in the best interest of the children and, therefore, Illinois law should reflect that idea.

Continue Reading ››

 Posted on December 00, 0000 in Main

Trusts are created for a wide number of reasons; for example, they can be utilized to provide for loved ones, hold property, and pass down wealth to future generations. Supplemental needs trusts are one way that family members can help provide for disabled members of their family, while also allowing those individuals to retain their State and public assistance. This can be particularly helpful for divorcing parents with special needs children.

In Illinois, there are two types of supplemental needs trusts that can be created: third party supplemental needs trusts and supplemental needs payback trusts. Both of these trusts give the child beneficiary the means to enhance his or her quality of life by providing goods or services that are not offered by government assistance programs. A third party supplemental needs trust, also known as a 15.1 trust in Illinois, allows an individual to provide for a disabled child without interrupting or otherwise interfering with the child's Medicaid expenditures. Usually, third party supplemental needs trusts are set up by the special needs child's parents.

Continue Reading ››

 Posted on December 00, 0000 in Main

Enforcing child support is often difficult, even when the person paying support resides in the same state as the child. Enforcing child support becomes increasingly more difficult, however, when the parties reside in different states. Not only is it often difficult to find the person who is supposed to pay, but the process of enforcing the support order is also no easy feat in itself and requires the assistance of a skilled attorney to ensure that the order is issued to the proper court.

Historically, when a non-custodial parent moved out of state, the custodial parent had very limited means by which they could recover or maintain the child support payments. In 1920, the United States Supreme Court even determined that support orders were not enforceable under the United States Constitution's Full Faith and Credit Clause. At that time, to enforce an existing custody order, the custodial parent had to establish a new custody order in the new state, requiring him or her to travel to that state and initiate proceedings there. This was a time-consuming, costly, and inefficient endeavor.

Continue Reading ››

 Posted on December 00, 0000 in Main

Divorce can be a difficult and emotional process. Property is separated, child custody is decided, and the two spouses go their separate ways.

Some states' divorce statutes require a party to plead grounds for a divorce (in other words, a basis for the court to grant a divorce), such as mental or physical cruelty, attempted murder, adultery, desertion or abandonment, drug addiction, or habitual drunkenness. However, in many other states, including Illinois, a party is allowed to ask the court for a divorce without providing a substantial basis for it. This is known as proceeding under the grounds of “irreconcilable differences,” and is commonly referred to as a no-fault divorce. Using irreconcilable differences as a means to be granted a divorce, however, is more complex than simply asking for a no-fault divorce.

Requirements of a No Fault Divorce

Illinois statute 750 ILCS 5-401(2) states that in order to get a no-fault divorce, at least one spouse must be a resident of the State of Illinois for at least 90 days, and the spouses must be separated (though not necessarily physically) from each other for at least two years. The statute does provide, however, that if both parties agree, in writing to the divorce, then they need only be separated for a period of six months (though it should be noted this is not a stringent standard, assuming both parties agree). Further, the parties must state that they have made efforts to work out their problems and reconcile, but that their efforts have failed and further efforts to reconcile would be ineffective. If the parties agree to the divorce, neither must describe any specific behavior of the other spouse to “prove” irreconcilable differences; if one spouse does not agree to the divorce, however, there may need to be testimony as to the breakdown of the marriage or the bad actions of that spouse.

Continue Reading ››

 Posted on December 00, 0000 in Main

In the United States, the number of unmarried parents is on the rise. As single parenting becomes more commonplace in modern society, the stigma that it used to carry has begun to fade, and more unmarried parents are asserting their rights. This increase in the rate of single parenting makes the issue of paternity all the more important.

Paternity is the state of being a father; in Illinois, this is also known as having a father-child relationship. For some children, paternity is never legally established. Even if the child of the father is known, his name may never be listed on the birth certificate, there may never be a court determination of paternity, and the father may never play a role in the child's life. Legal paternity is the finding of a father-child relationship by a court.

Continue Reading ››

 Posted on December 00, 0000 in Main

Going through a divorce is usually emotionally difficult for all parties involved. There are many different reasons why people choose to file for divorce, but it is generally never an easy decision to make. Some couples may mutually recognize that their relationship is crumbling, that communication is strained, and that each would be better on their own. In other cases, one spouse may file for divorce without any knowledge or anticipation by the other spouse. Regardless of why a divorce is filed, there is almost always a good reason why that decision was made.

When determining whether or how to proceed with dissolution of your marriage, it is helpful to enlist the help of a trained legal professional who can help you decide what the best process is for you and your family. A family law attorney can also help explain the best grounds to proceed on in a divorce. Grounds for divorce are the legal bases courts use to allow a divorce to proceed, and there are several different approaches and grounds possible.

Continue Reading ››

 Posted on December 00, 0000 in Main

No couple enters marriage with the expectation of getting a divorce; however, life has a way of offering the unexpected. Although determining the exact national divorce rate is difficult, a large number of marriages will come to an end. One particular hot button issue is how to divide the property owned by both spouses.

The Agreement

Spouses who agree about how the marital property should be divided may enter into what's known as a “Marital Settlement Agreement (MSA).” The MSA must be in writing. It is wise to use an attorney to draft the MSA, especially in instances involving complex financial issues. If a couple cannot agree, a court will decide how the marital property is to be divided.

Marital or Non-Marital Property?

The court will classify all property owned by the spouses as either marital or non-marital property. Spouses will usually keep their non-marital property, while the court will equitably divide the marital property.

Continue Reading ››