Posted on March 01, 2016 in Divorce

Now that the holidays are officially over, ‘tis the season for something else: divorce. In fact, the months following the New Year – namely January, February, and March – tend to see a surge in the number of divorce applications that are filed throughout the country. If you think that your marriage may be in jeopardy and divorce is on the horizon, take action quickly to protect yourself by reaching out to an experienced Naperville divorce attorney.

Why Do Divorce Filings Increase in the First Months of the Year?

There are a few reasons why January-March may be the most popular months for divorce. First, the holidays are over; family dinners, gift-giving, and putting on a smile for children in the home are all on hold until next year, providing the perfect opportunity for couples to part ways.

Second, it is possible that divorces surge around Valentine’s Day because the holiday spurs feelings of dissatisfaction within the relationship and brings to light a lack of romance. Adulterous spouses may also have trouble balancing the holiday between their spouse and their lover, bringing attention to an affair.

Continue Reading ››

 Posted on March 01, 2016 in Divorce

It is not uncommon for the mother of a child and her spouse – who is not the child’s biological father – to raise the child together. What is less common, although certainly occurs, is when the stepparent of that child wants to adopt the child and raise the child as their own. When this occurs, the biological father may feel as though his rights are being intruded upon. The following considers stepparent adoption of a child in Illinois, what rights each party involved possesses, and why it is important to consult with an attorney.

Stepparent Adoption in Illinois

The stepparent of a child in Illinois may apply for the adoption of the child if the stepparent is married to the child’s biological parent. However, in order for the adoption to be valid, both biological parents of the child must consent to the adoption. This means that a stepfather cannot adopt a child unless the biological father waives his parental rights.

Continue Reading ››

 Posted on February 01, 2016 in Divorce

In Illinois, child custody is now referred to as “allocation of parental responsibilities” and visitation is now referred to as “parenting time.” Mothers who give birth to children automatically have full parental rights over that child, including the right to allocation of parental responsibilities (formerly known as child custody). When the mother of the child is married to the child’s father, the father too is automatically granted parental rights. However, in the event that the mother and the father are not married, the father is only the “alleged” father. An alleged father has no legal rights, including no rights regarding child custody, or allocation of parental responsibilities. For this reason, it is essential that you establish paternity and hire an Illinois child custody lawyer.

Allocation of Parental Responsibilities (Custody) and Parenting Time (Visitation) When You Are Not Married to Your Child’s Mother

Continue Reading ››

 Posted on February 01, 2016 in Divorce

If you are seeking a divorce and have a prenuptial or postnuptial agreement with your spouse, many issues that are common in a divorce, such as division of property, may be a moot point. This is because prenuptial and postnuptial agreements are designed to settle certain issues in divorce before they even arise. The following considers how a prenuptial or postnuptial agreement affects a divorce:

The Difference Between a Prenuptial and Postnuptial Agreement

A prenuptial agreement, also known as a premarital agreement, and a postnuptial agreement are not the same thing. A prenuptial agreement is a legally binding contract that is entered into by both parties in a marriage before the marriage actually occurs; a postnuptial agreement is a legally binding contract that is entered into both parties in a marriage after the parties are already married. Both can address the exact same issues, and both may be enforceable if a divorce occurs.

Continue Reading ››

 Posted on February 01, 2016 in Divorce

A divorce is not only an emotional process, but an intense legal one as well. If you are considering getting a divorce or have filed for divorce in Illinois, there are number of important steps that you should take as soon as possible to protect your interests.

Make a List of All Assets

Make a list of all assets, including assets that are titled jointly, or individually in your name or your spouse’s name immediately. You should also make a list of all debts. Do you share a car loan or mortgage? Do you have joint investment accounts? It is a good idea to gather statements for every account in which you or your spouse have an interest, prior to discussing divorce with your spouse.

Protect Your Children

If you have children, they will be impacted by your divorce. It is important that you take action to protect your children, both psychologically and physically. Make sure your children are in a safe place and are receiving adequate care, and refrain from fighting with your spouse in front of your children or bad mouthing your spouse. Because allocation of parental responsibilities (formerly child custody) in Illinois is based on the best interests of the child, you should start putting a case together now that illustrates why you should be granted the allocation of parental responsibilities, including allocation for medical decision making, educational decision making, extra-curricular activity decision making, and religious decision making. You may consider asking your children’s teachers, professional adults in the child’s life, and others to write a letter or be prepared to offer a statement to a court about your parenting abilities.

Continue Reading ››

 Posted on February 01, 2016 in Divorce

A parent may be ordered to pay child support in the event that he or she separates from the child’s other parent. The amount of child support ordered depends on income and, to some extent, the amount of parenting time (visitation) each parent has with their child. Because child support laws vary on a state-by-state basis, it is important to know what child support covers, who has an obligation to pay child support, and how child support is calculated in Illinois. If a person fails to pay his or her child support payment, he or she may face legal consequences as a direct result. If you need help understanding child support, do not hesitate to reach out to an attorney.

What Does Child Support Cover?

Child support is designed to cover all basic needs of a child. This includes needs such as food, clothing, and shelter. Further, both parents may be obligation to contribute to other expenses of the child including, but not limited to, educational expenses, day care expenses, extracurricular activity expenses, and out-of-pocked medical expenses. A child support order is a mandatory order.

Continue Reading ››

 Posted on January 01, 2016 in Divorce

Thinking about divorce is rarely a pleasant topic. However, if you believe that a divorce from your spouse is imminent, there are a few things that you should start doing immediately to prepare for the divorce and ensure that your rights are protected.

1. Make an Inventory of Marital Property

In Illinois, any property that is acquired during the course of your marriage is considered to be marital property. This means that the property will be subject to equitable division upon divorce. It you believe that a divorce is pending, it is best to make an inventory of all property that may be up for division. This includes a home, vehicles, jewelry, pets, furniture, and other items of value throughout the home.

2. Search for Hidden Assets

Knowing all of your spouse’s assets will be very important when it comes to things like getting a fair division of property settlement, spousal support payments, and child support. Unfortunately, some people will try to hide assets in a divorce to prevent a court from counting those assets when making a determination about the items above. If you are getting a divorce and your spouse has multiple assets, be sure to search for any assets that may be hidden. This may require a thorough investigation and review of receipts, investments, bank statements, credit cards, etc.

Continue Reading ››

 Posted on January 01, 2016 in Divorce

For parents who have been ordered by an Illinois court to make a child support payment, following the court order is absolutely necessary; failing to do so can result in your income being garnished, and you may even be held in contempt of court as a result, which can carry serious criminal penalties. Many parents, though, wonder what their rights are in the event that they lose their jobs. If you are unable to earn an income, are you therefore able to default on a payment, or have a court change your child support obligation?

The Penalties for Defaulting a Child Support Payment

Regardless of whether or not you lose your job, experience a change in income, or are otherwise financially unable to make your child support payment, your child support payment is due on time and in full per your court order. If you do not make your payment on time and in full, legal actions may be taken against you. These legal actions include, but are not limited to:

Continue Reading ››

 Posted on January 01, 2016 in Divorce

Struggling with a mental illness can be a very emotional thing to cope with. What can be even more challenging, however, is when you are going through a divorce or separation and have questions about how your mental health may affect your right to custody of your child. If you are facing a child custody hearing in Illinois, here is a look into how your mental health may play a role, and why you need an attorney on your side who will advocate for your rights.

What Factors a Judge Considers When Making a Child Custody Determination

Per Illinois Compiled Statutes – Illinois Marriage and Dissolution Action, Section 602, a judge must make a custody determination that is within the best interests of the child. Further, a judge must consider all relevant factors, including:

Continue Reading ››

 Posted on January 01, 2016 in Divorce

All divorcing couples face their own set of issues, problems, and hiccups during the divorce process. Further, what is important to one couple in a divorce may be completely different than what is important to another, especially when the couples’ ages, financial statuses, home ownerships, or parenthood is taken into account. For those who are pursuing a grey divorce, many of the issues that other couples face are not relevant. The following considers some of the unique complications and issues of grey divorces, such as division or property and spousal maintenance, in Illinois, including the areas of Wheaton, Naperville, and Downers Grove:

What is Grey Divorce?

Grey divorce refers to the separation of couples who are age 50 or older, and is becoming a more common occurrence in the United States. In fact, an article in NPR News reports that Americans over age 50 are now twice as likely to get divorced today as they were 50 years ago. After spending so many years together—for some couples, more than half their lifetime—a grey divorce can be painful and emotional, even when it is the right thing to do.

Continue Reading ››