Posted on October 01, 2017 in Divorce

For parents who are not married, each parent has a duty to ensure that their child is provided for financially. As such, a noncustodial parent (parent with less parenting time) will have to make child support payments to the custodial parent (parent with majority parenting time) throughout the course of the child’s non-adult years. Typically, child support payments are terminated when the child turns 18 years of age, or when the child finishes high school. Here’s what you need to know about ending child support payments:

If Your Order Contains a Termination Date…

Most child support orders contain a termination date, which is the date that you are no longer legally required to continue making child support payments. If your order contains such a termination date, then you will simply need to keep making payments up until that date. If payments are being automatically withdrawn from an account or from your paycheck, you should show your support order to the party responsible for withdrawals (i.e. your employer) to confirm that payments will indeed be terminated.

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 Posted on October 01, 2017 in Divorce

If you live in Illinois, you have the option of filing for an uncontested divorce. An uncontested divorce is just as it sounds – a divorce in which the parties are not contesting the terms, because they are in agreement on how the divorce will work. If you’re looking to have a quick divorce with as little hassle and expense as possible, an uncontested divorce is the way to go.

The Illinois Marriage and Dissolution of Marriage Act lays out the procedure for an uncontested divorce (which the statute refers to as a "Joint Simplified Dissolution of Marriage"). It states that married couples may file a joint petition for a simplified dissolution if, at the time the divorce proceedings begin, they meet certain factors. These factors include:

• No children were born or adopted during the marriage, and at the time of the divorce, neither spouse is pregnant;

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 Posted on September 01, 2017 in Divorce

You should never rush into a divorce. By making a split-second decision to file, you have not given yourself time to evaluate your feelings. You also have not given yourself time to work on problems with your spouse and build a stronger marriage. However, after weeks, months, or even years of considering the option, it may be time for you to seriously consider your future and whether a divorce is right for you.

Signs You Are Ready for a Divorce

No individual or marriage is the same. An issue that may not bother one couple, such as different religions, may be a deal breaker for different partners. However, there are certain signs that almost always indicate you and your spouse are on the way toward a divorce, including:

1. You and your spouse have different values. Over time, you and your spouse may realize your priorities, principles, or morals are no longer aligned. They may never have been, yet it may have more recently become a problem. It can be difficult to build a life together when you disagree on what is most important.

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 Posted on September 01, 2017 in Divorce

Bankruptcy is a legal process through which you can clear away some or all of your debt. This type of proceeding exists because the government recognizes that a financial burden can become too much for a person or family. It may feel like there is no way for you to get out from under a mountain of debt. However, bankruptcy is not automatic or easy. Obtaining a fresh start can take a lot of work, including cooperating with an attorney, a bankruptcy trustee, and your creditors.

Unfortunately, if you and your spouse are considering both bankruptcy and divorce, the situation may feel overly complicated. To learn about how these two legal matters intersect and whether you should begin a bankruptcy or divorce first, contact us at Fay & Farrow as soon as possible.

Types of Bankruptcy

The two most common types of bankruptcy for the average person are known as Chapter 7 and Chapter 13. Under a Chapter 7 bankruptcy, all or a large percentage of your debts are paid through the liquidation process, which means all of your assets are sold. The remaining debts are then discharged and you are no longer responsible for them. This is the kind of bankruptcy that truly gives you a blank slate. You can get through a Chapter 7 bankruptcy rather quickly – usually in a few months.

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 Posted on September 01, 2017 in Divorce

If you are part of a difficult divorce or a parenting time and responsibilities battle, you may want to consider requesting the court appoint a guardian ad litem for your child. A guardian ad litem is an objective third party assigned by a judge to determine the best interests of a child during a court case. This professional, who is usually an attorney, has a thorough understanding of the factors used to determine a child’s best interests under Illinois law and experience navigating complex family situations. While a guardian ad litem will provide an opinion to the court regarding the best situation for your child, he or she does not make any legal decisions

If you believe a guardian ad litem may be necessary for your case or your child’s other parent has petitioned the court for one, contact us at Fay & Farrow today. We can help you navigate a difficult situation, with or without a guardian ad litem involved.

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 Posted on September 01, 2017 in Divorce

When you are obligated to pay spousal maintenance, previously called alimony, you may be interested to know more about when your duty ends. Even if you are okay with it at first, spousal support may become annoying after years or decades of making payments. You may also become angry if you feel the support is unnecessary.

There are multiple ways spousal maintenance may end in Illinois. If you are frustrated with your obligation to pay and are interested in seeing if you can terminate the duty, contact us at Fay & Farrow today.

When Does Spousal Support End in Illinois

Spousal support in Illinois can end for a number of reasons, including:

• Automatically based on the court order. Whether alimony is determined by a judge or agreed upon by you and your spouse, it can be set to automatically end after a certain number of months or years. This is a common arrangement when the maintenance is intended to help your ex-husband or wife get on his or her feet, including obtaining education or a new job.

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 Posted on August 01, 2017 in Divorce

Whether you are an architect, accountant, doctor, dentist, or another type of licensed professional, you are not an ordinary business owner. Much of your practice is based upon your skills, personality, and reputation. It is not a business that can run on its own while you manage things from afar or grow without your dedication and hard work. All of this means you may be particularly concerned with how a divorce could impact your professional practice. During your divorce, you will have to navigate your spouse’s potential interest in your practice while protecting it for the future.

Is All or Part of Your Practice Marital Property?

One of the most important questions regarding your professional practice during a divorce is whether any portion of its value or assets is marital property. If you began your practice during your marriage, it is highly likely that all or part of it is considered marital property. A common exception to this is if you and your spouse created a post-nuptial agreement stating the practice was separate from the marital estate. If you opened your practice prior to your marriage, there is a greater likelihood that a portion of it is not part of the marital estate. However, if the value of your practice increased during the marriage, your spouse may have a right to a portion of this appreciation.

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 Posted on August 01, 2017 in Divorce

It may be shocking when your spouse unexpectedly files for divorce and serves you with divorce papers, but you have to come out of your shock quickly. You do not have time to dwell on the sadness and anger you may feel before taking action. Instead, it is in your best interests to act quickly and contact an experienced Illinois divorce attorney from Fay & Farrow We understand the divorce may have taken you by surprise, and we will help you prepare for the weeks and months ahead.

What to do When Your Spouse Suddenly Files for Divorce

If you are hit with an unexpected divorce, you cannot simply wait and see what happens. Despite your shock, you have to take steps to address the situation as best you can and protect your rights. You should:

• Call a lawyer: If you were served with divorce papers, you only have a certain amount of time to file your court appearance and respond. By contacting a divorce lawyer right away, you give yourself and your attorney a couple of weeks to review the situation and appropriately respond.

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 Posted on August 01, 2017 in Divorce

If you live in Illinois and want to adopt, your options and the process are dictated by 750 ILCS 50/, known as The Adoption Act. However, your next best step is not to just read up on the law. As comprehensive as the statute is, it will not answer all of your questions. You should contact an experienced adoption attorney from Fay & Farrow to learn about the law and how it applies to your situation. We can explain your rights and legal options as a potential adoptive parent.

Who Can Adopt in Illinois?

You are entitled to pursue adoption if you are a legally competent adult. Whether you are male or female, married or single, you can try to adopt. You are not required to have a certain level of education, type of career, or own a home. You are not prohibited from adopting based on having a disability. However, if you work with the Illinois Department of Children and Family Services (DCFS) or a private agency, you can expect your life, skills, and preparedness to be judged in regard to whether you are ready to be a parent.

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 Posted on August 01, 2017 in Divorce

Family members and close friends often encounter situations in which they need to take care of each other. Sometimes grandparents have to raise their grandchildren. Sometimes adults have to care for their elderly relatives. Other times, siblings and cousins need to look after someone who is ill. During these times, legal guardianship may be appropriate. Yet guardianship is not appropriate in every situation. Contact our experienced Naperville guardianship attorneys at Fay & Farrow to learn more about this relationship.

What is Guardianship?

Guardianship creates a legally binding relationship between a guardian, who must be a legally competent adult, and a minor or disabled adult. It places a great deal of responsibility on the guardian’s shoulders and ensures the minor or disabled adult receives the care he or she needs.

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