Posted on July 18, 2017 in Divorce

If you are a parent who is considering a divorce, you are probably concerned about how the divorce will affect your children. Children have many different responses to their parents splitting up, and it can be difficult to know for sure how yours will react. Some children are vocal about their feelings and fears while others keep their emotions inside. Some will ask many questions and some will refuse to talk at all about the separation. Fortunately, studies show that children are more resilient than many parents realize and with the right guidance, they can lead happy, healthy lives after their parents’ divorce.

Psychologist E. Mavis Hetherington of the University of Virginia conducted a study that showed that many children experience negative effects of divorce in the short term but are adjusted to their new life by the second year. Research also suggests that children of divorce do not show significant differences in behavior, academic achievement, or self-esteem than children whose parents did not divorce.

Continue Reading ››

 Posted on July 16, 2017 in Divorce

Following a divorce, it is very common for people to begin worrying about their future, especially if they are at an age where retirement may soon be an option. One of the issues that may concern them is the question of Social Security benefits. There is much confusion over who is entitled to what, and without the help of an experienced attorney, you and your ex-spouse can find yourselves back in court or embroiled in a long debate that is simply unnecessary.

Requirements to Collect

Almost everyone in the United States who legally works will build up what the Social Security Administration (SSA) calls a work record. Normally, you will be entitled to benefits based on the length and type of your work record, but spouses or former spouses have the right to collect based on their spouse’s record if it is better than their own. The rationale is that especially for older women, who might be lacking in ability to reenter the workforce after divorce, there needs to be a safety net of sorts to keep people out of poverty.

Continue Reading ››

 Posted on July 05, 2017 in Adoption

The procedure for adopting children in Illinois is fairly straightforward, yet intensive. Multiple background checks are required, as well as home study and often fees paid to adoption agencies. The procedure for adult adoption is somewhat different, especially since adults, in most cases, are of an age and ability to weigh in on the issue. If you are interested in adopting an adult as a member of your family, it is important to ensure you are familiar with the law.

Why Adopt an Adult?

While it may seem strange to adopt adults, given that it is not possible in many other countries, many states in the U.S. preserve that right, Illinois included. Sometimes, doing so is necessary in order to legally formalize relationships that already exist in practice. For example, if a child grows to adulthood under the care of a stepfather or other guardian without a legal, familial relationship, that parental figure may be excluded from certain relevant decisions. Many people believe that a stepparent has a legal right to make decisions for a spouse’s child, but this is not the case in Illinois; a stepparent must adopt or otherwise be assigned rights over the child before he or she has any say in that child’s welfare, whether the child is a minor or an adult.

Continue Reading ››

 Posted on June 30, 2017 in Property Division

One of the primary parts of any divorce case is the property settlement. In Illinois, both spouses are entitled to receive equitable shares of any marital property—which refers to most property accumulated during the marriage. Spousal or child support may also come along with this agreement. However, it can take some time and discussion to arrive at a settlement that is advantageous to both spouses, and there is a method by which property settlements can be appealed or modified if such becomes necessary.

Property Agreement Modifications

Illinois courts generally favor couples working out their own property settlements, given that they are the most familiar with the nature of the assets involved. It also helps to cut down on the number of cases on the docket. Also, if you and your spouse are the only two people involved in working out a property settlement, it is far easier to make changes. At times, though, the court must get involved. Illinois family courts have the legal authority to create a support and property settlement that fits the needs of both spouses, and will often do so.

Continue Reading ››

 Posted on June 28, 2017 in Visitation

Divorce proceedings can be a difficult and painful experience for all involved, including the children. This is doubly true if they are old enough to understand what is going on. It is only natural that they may develop opinions on some of the issues pending in your divorce. However, in some instances, their opinions will actually carry weight with the judge. Nowhere is this more common than with issues involving parenting time.

How Much Weight to Give?

When parenting time arrangements are left to be determined by a family court judge, he or she must take into account a number of several factors. A child’s preference may be one of them, though it will not necessarily receive more consideration than other elements, including:

• The child’s relationship with each parent, their siblings and friends in their current situation;
• The child’s home life or lack thereof;

Continue Reading ››

 Posted on June 23, 2017 in Annulments

When most couples decide to part ways, they get a divorce, but an extremely small subset instead obtain annulments. However, a marriage may only be annulled if it is void or voidable. The two, despite their obvious similarities, are very different categories, and to state that your marriage falls under one when in fact, it is the other, can cause problems down the line.

Void Marriages

In Illinois, an annulment is referred to as a judgment of invalidity and may be granted to those in void or voidable marriages. It is important to understand that they are not granted in the same manner as a divorce might be. Void marriages, under Illinois law, are those where the union was invalid from the beginning. Illinois law recognizes three major situations in which a marriage qualifies as void: bigamy, consanguinity, and incest. Generally, if a relationship goes against public policy or is generally against the law, it will be held to be void. Criminal charges may also result in extreme circumstances, but this is very rare.

Continue Reading ››

 Posted on June 21, 2017 in Child Custody and Support

Family courts do their best to be equitable in making decisions regarding child support, and they look to ensure that the amount ordered as payable is one that both parents can manage. Sometimes, however, payments are not made for a variety of reasons. Fortunately, there are safeguards in place that ensure that back child support or maintenance payments may be collected.

Notices of Withholding Income for Support

If you are not receiving your child support payments, you may contact Illinois’s Division of Child Support Services, or you may involve the family court where your divorce was handled. Either way, it is incumbent upon you to ask for back child support. If you can back up your claim, the court will enter an arrearage against the parent owing support. Usually, when a Uniform Order of Child Support is ordered, a Notice to Withhold Income for Support is sent to the employer of the paying parent, advising them to withhold a certain amount and forward it to the state. If an arrearage occurs, a new Notice must be sent to let the employer know that more must be taken out to cover it.

Continue Reading ››

 Posted on June 15, 2017 in Business Valuation

Divorce is complex; however, dividing property is often the most complicated aspect of a process that can take a long time. Nowhere is this better illustrated than in the procedure for valuing and dividing a family-owned business. Between personal preferences and the market rates, dividing the value of a business will often create major issues during the proceedings.

Valuation Basics

During a divorce, Illinois courts only have the ability to divide marital property. A family business usually qualifies if it is run by both spouses, or if one spouse owns a controlling interest—the rationale is that the spouse working there will bring home paychecks earned by improving the business’s value. If the business is deemed marital property, it must be valued so that it and the couple’s other assets can be divided equitably.

Continue Reading ››

 Posted on June 14, 2017 in Prenuptial and Postnuptial Agreements

Prenuptial agreements have become popular among marrying couples. One of the most-cited reasons for such an agreement—sometimes called a prenup—is that the couple wishes to prepare for the possibility of a divorce, in the event that it occurs.

Reasons for a Prenup

Divorces in Illinois are fairly common. According to the Illinois Department of Public Health, there were about 69,500 marriages and nearly 29,500 divorces in 2013. Given these statistics, a prenuptial agreement between the spouses that details what will happen if a divorce occurs may be prudent.

Another reason couples enter into a prenup is to protect children from a previous marriage or relationship. If one spouse has children and then gets married, even if the marriage lasts only a short time, the other spouse could walk away with a substantial amount of money that could otherwise be used for the benefit of the children.

Continue Reading ››

 Posted on June 09, 2017 in Mediation

Given the current backlog in Illinois courts, many couples are choosing to forego the traditional court case when they divorce, opting instead for alternative methods such as mediation or collaborative divorce. There are multiple reasons that many are choosing to eschew the courts, but perhaps the most common is because mediation is arguably easier and less time-consuming. However, it is not for every couple, and doing research on the issue will help you decide what is best for you.

Advantages of Mediation

For many couples, the advantages of mediation are numerous. If you and your spouse are able to discuss issues amicably, mediation can be cost-effective and efficient, as you will essentially be drawing up your own divorce decree. The mediator is simply there to guide you and advise on any relevant points of law. If this is possible for you and your soon-to-be-ex spouse, you may be able to avoid the significant time and money investment, to say nothing of the psychological cost, of going to court.

Continue Reading ››