Posted on October 14, 2021 in Alimony / Maintenance

There are a variety of financial issues that can affect a couple during a divorce. In some cases, one party may ask for financial support from their former spouse because they believe that they need assistance to cover their ongoing expenses. This form of support is known as spousal maintenance in Illinois, although it may also be referred to as alimony or spousal support. Spousal maintenance will not be appropriate in every situation, and it is generally only awarded if a spouse can demonstrate that they need assistance meeting their ongoing needs and that the other spouse has the ability to pay support. By understanding the situations where spousal support may be appropriate, spouses can ensure that they are addressing this issue correctly during the divorce process.

Cases Where Spousal Support May Be Needed

Spousal maintenance is meant to allow both parties to maintain the standard of living they were used to while they were married. If spousal support is awarded, the amount that one spouse will pay to the other will be determined by using a formula that takes both parties’ incomes into account, and the length of time that payments will last will be determined based on the length of time the couple was married.

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 Posted on October 12, 2021 in Order of Protection

Family members who have experienced domestic violence have options for addressing their safety, including requesting an order of protection. In recent blogs, we looked at when a person may be able to receive an order of protection and the types of protective orders that are available. It is also important to understand the specific protections that an order can put in place.

Remedies in an Order of Protection

There are a number of “remedies” that may be included in an order of protection. A judge will determine what measures are necessary to prevent any further acts of abuse and ensure that the petitioner and their family members are safe from harm. These remedies may include:

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 Posted on October 07, 2021 in Divorce

Child support is a crucial form of financial support for divorced and unmarried parents in Illinois. Both of a child’s parents are expected to contribute financially to his or her upbringing – even if they are not married to each other. Child support allows parents to share child-related expenses including housing, tuition, and other educational costs, clothing, and more. However, child support laws are often confusing and hard to interpret. Read on to learn answers to some of the top questions Illinois parents have about child support.

Which Parent Pays Child Support?

The parent with the greater amount of "parenting time" is the recipient of child support and the parent with less parenting time pays child support. Parenting time used to be called visitation. When both parents have at least 40 percent of the parenting time or 146 overnights with the children, this is a shared parenting situation. Child support payments are modified to reflect the fact that both parents have the child a similar amount of time.

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 Posted on October 06, 2021 in Domestic Violence

There are multiple types of situations where a person may need to receive protection from domestic abuse or other harmful conduct. An order of protection can be used in these cases, and it can help a person leave an abusive situation, prevent their abuser from contacting them, and put other restrictions in place. In a recent blog, we looked at when an order of protection may be appropriate. As a follow-up, we wanted to look at the types of orders that are available and the process that is followed when a person asks for these types of protections.

Types of Orders of Protection

Most of the time, a victim of domestic abuse will file a petition for an emergency order of protection. This is also known as a temporary or “ex parte” order of protection, and a person can request a hearing before a judge where they will provide reasons for why the order is necessary. The respondent to the order does not need to be present at this hearing, and they will usually be notified after the order has been issued.

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 Posted on September 28, 2021 in Order of Protection

There are many situations where one or more family members may need to receive protection from domestic abuse. While domestic violence may be a factor in divorce or child custody proceedings, it can also affect former spouses, couples who used to be in a relationship or who share a child, or people who live in the same household. Those who have been the victims of abuse or who fear for the safety of themselves or their loved ones can request an order of protection.

When Are Orders of Protection Appropriate?

A person may ask for an order of protection (which is commonly referred to as a restraining order) in cases where they or their family members have experienced domestic abuse committed by a family member or a person in their household. A person can file a petition for an order of protection for themselves or on behalf of a minor child or an adult with disabilities who is unable to file a petition on their own. These requests may be filed as part of an ongoing divorce or family law case or in a separate legal proceeding.

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 Posted on September 24, 2021 in Prenuptial & Postnuptial Agreements

When a couple is planning to get married, divorce is probably the last thing on their mind. When preparing for a life together as partners, a couple usually will not want to think about the possibility of their relationship ending. However, considering this issue can not only help a couple prepare for this unpleasant possibility, but it can also help them identify and address issues that may become a concern in their relationship in the future. After discussing these matters, a couple may find that creating a prenuptial agreement would be a good idea.

Reasons to Sign a Prenup

When creating a prenuptial agreement, or prenup, a couple will make decisions about how certain issues will be handled if their marriage ends, including through divorce, legal separation, or the death of a spouse. This can ensure that they will both have the financial resources they need in such cases, while also allowing them to minimize disputes during the divorce process. A prenup can be beneficial in many situations, including when:

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 Posted on September 20, 2021 in Property Division

There are multiple types of financial issues that can play a role in a divorce case. Determining how to divide marital property in a way that is fair while providing for the needs of both parties can be complicated enough on its own, but in some cases, additional issues may arise that can make this process even more difficult. Asset dissipation in which one spouse wastes or destroys marital property is one factor that may need to be addressed. A person who believes that their spouse has dissipated assets can work with an attorney to ensure that this issue is dealt with properly during the property division process.

Ways a Spouse May Dissipate Assets

Dissipation of assets involves the use of marital property by one spouse in a way that benefits themselves and is not related to their marriage or family. A valid dissipation claim must show that dissipation occurred while the marriage was undergoing an irretrievable breakdown. Some of the most common ways that a spouse may commit asset dissipation include:

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 Posted on September 15, 2021 in Divorce

During a divorce, spouses will often encounter multiple types of disagreements over the various issues that will need to be addressed in order to end their legal partnership. For parents, disputes related to child custody will often be some of the most contentious issues, and spouses may have completely different ideas about how to make decisions regarding their children or expectations about when children will live with each parent. By understanding how Illinois law addresses these issues, parents can determine how to reach workable solutions, or they can prepare to advocate for their rights through litigation in court.

Factors Considered in Child Custody Disputes

Parents are usually encouraged to work together to resolve issues related to their children and create a parenting plan that details how they will share parental responsibilities and parenting time. Parents can make sure they are approaching these negotiations the right way by understanding the factors that courts may consider when making decisions about child-related issues. This can also give them an understanding of what issues a judge may look at if negotiations break down and litigation will be required to resolve these matters.

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 Posted on September 14, 2021 in Divorce

The decision to end your marriage is likely one of the biggest decisions of your life. There is no "undoing" a divorce once it is finalized. Consequently, some states require married spouses to wait a certain amount of time before they can get divorced. Illinois used to have such a requirement; however, there is no longer a mandatory separation period or waiting period for divorce in Illinois. That being said, there are still certain criteria that must be met before you can divorce in Illinois.

Divorce Requirements and the Separation Period

To get divorced in Illinois, you or your spouse must have lived in the state for 90 days or longer. You may divorce in Illinois even if you were not married in the state.

Before changes to the Illinois Marriage and Dissolution of Marriage Act, spouses also had to live apart for a certain period of time before they were eligible for divorce. In 2021, though, there is no longer a mandatory separation period. Furthermore, there are no longer fault-based grounds for divorce in Illinois. The only reason you can seek a divorce in Illinois is "irreconcilable differences." In other words, you and your spouse simply cannot get along anymore, and you wish to terminate your marriage relationship.

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 Posted on September 10, 2021 in Property Division

Getting a divorce can be a stressful experience, especially if you feel like your life is being completely upended as you separate from your spouse. As you determine how to divide your marital property and address other financial matters, one issue that will need to be resolved is ownership of your family home. Being attached to the home where you have lived is understandable, and you may wish to continue living there after completing your divorce. However, you will want to be sure to understand the ramifications of this decision and make sure you will be positioned for financial success as you move on following the end of your marriage.

Reasons to Keep the Family Home

Maintaining ownership of your home may seem like the ideal outcome in your divorce, especially if you have lived there for a significant time, built connections with others in your community, and want your children to continue to live in the home they have become accustomed to. After spending years making mortgage payments and building equity in your home, you may not want to give up this valuable asset, especially if you have made improvements and put your own personal touch on the property.

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