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Recent Blog Posts
Should I Get an Emergency Order of Protection?
Domestic violence and abuse are extremely prevalent in today’s society. However, we rarely talk about it. Some victims of domestic violence believe that the abuser will change or that the abuse was an isolated event. Others are unsure of whether the mistreatment they are suffering is even considered abuse under Illinois law. If you have been assaulted, abused, or threatened by a family member, current or ex romantic partner, or current or former housemate, read on to learn about Emergency Orders of Protection in Illinois.
Is The Situation “Bad Enough” for a Protection Order?
Men and women of all ages, ethnicities, and income levels can find themselves the victims of threats, intimidation, or violence. No one should ever be forced to tolerate a situation that makes them afraid for their safety or the safety of their children. However, many victims never get a protection order or restraining order because they assume that the mistreatment has not crossed the line into abuse.
How Commingled Assets Can Complicate Your Illinois Divorce
In a marriage, “yours” and “mine” become “ours.” Unfortunately, undoing this financial entanglement during divorce is one of the most complicated parts of the divorce process. Property held by the marital estate, or marital property, is jointly held by both spouses. Marital property must be properly valued and divided between the spouses in a divorce. Separate property, on the other hand, belongs only to one spouse. Typically, property either spouse acquires during the marriage is marital property and property a spouse owned prior to the marriage is separate property. However, differentiating between marital property and separate property is not so straightforward when assets have been commingled or mixed.
Property Rights During a Marriage
Illinois divorce cases are subject to the rules of equitable distribution. Spouses are entitled to a fair share of the marital estate. Spouses may negotiate a property division agreement, or, if they are unable to agree, the court will determine how the marital property should be divided.
How Does Illinois Handle Child Custody Matters For Same-Sex Couples?
Child custody matters can be complicated for anyone. However, custody and co-parenting concerns can be especially difficult to navigate for same-sex couples.
If you are getting divorced and you have children, you may wonder how the state defines each parent’s right to parenting time and parental responsibilities. You may wonder if homosexual couples are treated differently under the law than heterosexual couples. You may worry that you will not have a right to spend time with your child if your same-sex relationship ends. Concerns like these are valid, and the best way to know how best to handle child custody and parentage issues is to work with a skilled family law attorney. Additionally, it is important to understand how Illinois law determines child custody with same-sex parents in a divorce.
Do You Have to Pay Child Support if You Are Unemployed in Illinois?
Child support is a crucial resource for divorced and unmarried parents. However, meeting your child support obligation can be extremely difficult when you have no source of income. If you or your child’s other parent was fired, laid off, or quit his or her job, you may wonder how this will affect child support. Do unemployed and underemployed parents still have to pay child support? What happens if a parent voluntarily quits his or her job?
Child Support Calculations When a Parent is Unemployed
The amount that a parent pays in child support in Illinois is based on the “income shares” model. Both parents’ net incomes are used to determine an appropriate child support obligation. When one parent has no income, this obviously affects child support calculations considerably. However, the reason that a parent is unemployed also factors heavily into the situation.
Who Gets to Stay in Our Apartment During And After the Divorce?
For married couples who own a home, figuring out who, if anyone, gets to keep it is often one of the most difficult parts of the divorce process. However, it is important not to overlook the challenges for divorcing couples who rent a home or apartment together. If you and your spouse are renters, you may not have to deal with the complexities of dividing real estate property, but you may still face conflict when it comes to deciding who will stay in the apartment and who will be responsible for paying rent as your divorce proceeds.
Rental Leases in Divorce
If you have decided to get a divorce, there is a good chance that you and your spouse want to start living separately. However, a rental lease can make this complicated. In many cases, the names of both spouses will be on the lease, which means that you both have a claim to stay there until the lease ends, and you both are obligated to continue paying rent.
Maintaining Relationships With Your Kids When You Have Less Parenting Time
For both parents and children, a divided parenting time schedule is one of the most difficult adjustments to make after a divorce. While Illinois courts tend to prefer arrangements that allow both parents to spend time with their children, this still means that each parent will spend significant time away from them. In many cases, the parenting time balance is at least slightly skewed toward one parent, and this can make the situation even more difficult for the parent with a lesser share.
If you have been granted less parenting time in your divorce resolution, it does not necessarily mean that you are a lesser parent. Often, such an arrangement is simply best for your children so as to provide stability and minimize interruptions to their routine. While maintaining your relationships with your kids under these circumstances may require a little more effort, it is certainly possible.
Can a Prenuptial Agreement Be Modified in Illinois?
For many couples, a prenuptial agreement is a useful tool to help each partner define and protect their interests in property and assets. Agreements that are written and willingly signed by both partners are generally legally binding and enforceable, including in the event of a divorce. However, they are not necessarily permanently set in stone. There are many reasons why you may wish to modify a prenup at some point during your marriage, and you should know that it is possible to do so.
How Do I Modify a Prenup?
In Illinois, the primary legal requirements for modifying a prenuptial agreement are the same as the requirements for creating a prenup in the first place. Namely, the modifications must be set down in writing, and both you and your spouse must sign the document indicating your agreement. You can also revoke a prenuptial agreement entirely through the same process. The most challenging part of modifying a prenup may be finding terms that you and your spouse both agree to. However, there are situations in which updating your agreement can be beneficial for both of you.
Who Can File For an Order of Protection in Illinois?
Domestic abuse is a problem that affects millions of people throughout the United States, but many people are reluctant to admit that they have been victims or take action to protect themselves. If you, your child, or another loved one has suffered from abuse from someone in your household, you should know that it is possible to seek help through the Illinois legal system by petitioning for an order of protection. A protective order may be warranted in more situations than you would expect, and it is important to understand how to go about obtaining one.
Reasons to Petition For an Order of Protection
An Illinois order of protection can provide safety from many different forms of domestic abuse. Physical violence may be the most obvious form of abuse from which a person needs protection, but it is certainly not the only one. You can also file an order of protection in response to willful deprivation of food, shelter, medical care, and other needs, or in response to certain forms of emotional abuse, including threats, intimidation, harassment, and surveillance. If you believe that you or someone in your household has been victimized by any of these behaviors, you should consult with an attorney to understand your options for protection.
How to Educate Yourself About Your Finances Before a Divorce
The financial aspects of divorce can be confusing and overwhelming, especially if you do not have much experience managing your own money. If you are uninformed about your finances, you can be left at a significant disadvantage when it comes time to divide your marital assets. The more you can educate yourself about your finances, the more prepared you will be to negotiate or argue for a beneficial outcome to your divorce, and to begin your post-divorce life with a plan to maintain your financial stability and find opportunities for growth.
Gather Information
When you know that a divorce is in your future, you should make a thorough effort to collect all available information about your personal and marital finances. Start with information about your assets, including statements from individually and jointly held bank accounts, retirement accounts, and investment accounts, as well as titles to any real estate, vehicles, and other valuable properties you may own. You should also review your credit report to understand any outstanding debts, including mortgages, vehicle loans, student loans, or credit card accounts.
What Should Parents of Children With Special Needs Know About Divorce?
Parents of children with special health or developmental needs are well aware of the challenges that come with raising and providing for them. Unfortunately, these challenges can often become more pronounced when parents are going through a divorce. In addition to the mental energy that the divorce process requires, parents may also be concerned about how best to handle decisions regarding child support and parental responsibilities in a way that prioritizes their children’s interests and needs.
Child Support for Special Needs Children in Illinois
One of the most significant challenges for parents of children with special needs is the financial cost. Estimates from the U.S. government indicate that from birth to age 18, the cost of raising a child with special needs may be at least five times as high as the cost of raising an average child. While many sources of financial assistance may be available, a good portion of the expenses is likely to fall on the child’s parents.
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