Posted on June 07, 2017 in Child Custody and Support

Often, the number one fear of parents contemplating or currently going through a divorce is that it will negatively affect the children. Unfortunately, there is no silver bullet cure for the pain caused by ending a marriage. Getting a divorce is complicated and messy, but this upheaval does not last forever. There are steps you can take to lessen the burden on your children and help them to not only navigate this new family structure but to thrive in it.

Staying Together May Be Doing More Harm Than Good

Some couples consider divorce completely out of the question and commit to “staying together for the kids” even if they are obviously miserable together. Such couples believe that the children living with both parents at the same time is better for them than a shared custody arrangement. Research has shown, however, that children who live in a home with fighting, arguing, and tension are deeply hurt by this.

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 Posted on May 31, 2017 in Family Law

In juvenile court, it is sadly not uncommon for parental rights to be terminated if doing so is deemed to be in the best interests of their children. Parents with a history of violence or substance abuse problems, among others, may be deemed unfit. However, the system does not always shut the door irrevocably. If a parent is able to demonstrate that he or she has changed and that it would now be in the best interest of the child to allow the parent to have time with the child, there may be a way to get it.

Each State Has Its Own Laws

Most states do not permit restoration of parental rights in any but the most unusual cases. Illinois is one of nine states that does have a procedure to restore parental rights in certain situations; the other 41 generally do not. The general prevailing view is that certain faults can be corrected if proof of a significant change in circumstances is shown.

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 Posted on May 29, 2017 in Property Division

When we were children, we were taught that the fairest way to divide things between two people is to split them equally. If each person gets an equal share of the treats or important items, in theory, no one can complain about inequality. There are, however, situations in life where equal distribution is not actually the fairest choice. Illinois and many other states prefer the theory of equitable distribution when it comes to marital assets during a divorce. While this approach can cause some obstacles in divorce asset division, it is generally worth the trouble.

Trends in State Law

There are different methods that divorce courts may use to divide the assets acquired during a marriage. As a general rule, most state courts favor property settlements that allow both spouses to live as close to the standard of living enjoyed during the marriage as possible, and depending on the amount of assets between the parties, this may not be possible in many situations.

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 Posted on May 26, 2017 in Adoption

Adoption has become a fairly common way to expand one’s family in this day and age. In many cases, children are adopted from foster care, but occasionally, an adult may decide to adopt a member of their own family for a variety of reasons. While this may sound unusual, it is more common than many believe, and it can be a faster way to remove a child from an uncertain situation, giving them a stable home. If you are considering this option, it can help to be familiar with the process.

Parental Rights Issues

The primary concern in such cases is whether or not the biological mother and father have abandoned or signed away their parental rights, or whether they are still the legal custodians of the child in question. The Illinois Adoption Act holds that both parents must waive their rights before a child can be adopted by anyone, and this does apply to a parent who has been inactive in a child’s life. For example, an absent father has the right to decline his consent to the adoption if he can be located. Usually, this means that you must show due diligence in your attempts to locate the father, with the matter being considered closed if you are unsuccessful after six months to one year.

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 Posted on May 24, 2017 in Paternity

It is a common—albeit somewhat of a stereotype--trope that when a child is born, it is the mother who will have to seek the biological father out and hector him into formally acknowledging legal paternity. However, this does a disservice to the millions of fathers who actively wish to be involved in their children’s lives yet are discouraged or dissuaded from acknowledging paternity or are actively turned away from trying to claim a child as their own. If you want to be involved in your child’s life, but are facing resistance or problems, you do have options you can use to pursue the matter.

What Are My Rights?

In some cases, acknowledging paternity of your child can be very easy. When the baby is born, you and the mother—if you are unmarried—will have the opportunity to complete a voluntary acknowledgment of paternity (VAP) form. While there are other opportunities to establish paternity, this is by far the quickest and easiest method if the child’s mother is cooperative with your efforts. It is extremely important to realize, however, that completing a VAP form does not entitle you to any custodial rights regarding nor to any guaranteed parenting time. It establishes a legal parent-child relationship, but it does not make any other guarantees.

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 Posted on May 19, 2017 in Property Division

It is a very common scenario for a couple to divorce after putting a retirement plan in place. What many do not realize, however, is that certain instruments are not divisible under the sole authority of a divorce decree. Many retirement accounts require an instrument referred to as a Qualified Domestic Relations Order (QDRO). It is important to be aware of which assets may require a QDRO, as failure to appreciate this necessity could have severe tax consequences.  

Definitions and Terms

Some retirement instruments may be divided or disbursed under the terms of your divorce decree. The most common example of these would be an Individual Retirement Account (IRA). An IRA is an investment account usually opened by an individual or small business to hold the proceeds of other assets such as stocks or mutual funds. However, most accounts or instruments that are specifically designed for retirement must be handled through the use of a QDRO. The QDRO may be addressed in the divorce agreement, but the relevant asset cannot be disbursed via the divorce agreement itself.

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 Posted on May 18, 2017 in Divorce

Divorces are among the few family law decisions that can be made unilaterally. One spouse decides that they have done all they can to stay in a marriage and opts to file for divorce. However, it is possible that the other spouse will refuse to sign divorce papers, which can make the process far more difficult than it normally is. There are ways around such a roadblock, and it is important to know what they are.

Factors to Keep In Mind

If you are planning to initiate a divorce in the near future, there are several important factors for you to consider. The first is that under Illinois law, it is, for all intents and purposes, impossible to stop a divorce from happening even if one spouse is dead set against it. It goes against public policy to keep a spouse in a marriage where he or she is miserable. Despite this, it is entirely possible for one spouse to stall and obstruct the process.

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 Posted on May 12, 2017 in Prenuptial and Postnuptial Agreements

Many people are familiar with prenuptial agreements,or “prenups," and some of their pros and cons. However, what most do not know is that they can actually be quite complex and may include much more than standard asset division terms. They are also not as ironclad as popular culture paints them to be. It is imperative that before you enter into a prenuptial agreement, you should have a good understanding of exactly how they work.

What to Include and Leave Out

The are two common reasons why a couple may choose to into a prenup: to protect one spouse from the consequences of the other’s debt or to ensure that provisions are made for the children of a previous marriage. Inheritance laws in most states immediately default to a person’s children from their current marriage, so if there was a promise, for example, to save a personal item for a child of one’s first marriage, it can be advantageous to note that in a prenup. Prenuptial agreements are legally binding unless it can be proven that the agreement is unenforceable.

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 Posted on May 10, 2017 in Divorce

Choosing to file for divorce is a momentous decision. Before you begin the process, it is a good idea to ensure that you are prepared in every way possible. The last thing you want is to be knee-deep in divorce proceedings and realize you are unprepared to address a critical question.

Preparing Financially

The first thing any professional will recommend is to begin saving money. It is not only attorneys that cost money, but there will also be many different sets of bills. Without your spouse’s income, it may be harder to pay them. It is imperative, however, that you not do this after you have filed papers, at least not with money such as your paycheck that can be considered marital property. Illinois is an equitable distribution state, meaning that marital property is distributed to the spouses in the most equitable manner possible upon a divorce. Concealing money that is earmarked as marital property, as spouses’ paychecks usually are, can lead to accusations of hiding assets.  

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 Posted on April 28, 2017 in Property Division

Dividing assets during a divorce is a well-understood part of the process for most people. However, what many do not realize is that there are certain debts that must also be divided between the spouses. It would be inequitable for some debts to be shunted onto one spouse when the proceeds of that debt were used by both spouses.

Debt as Marital Property

Before marriage, two people have their individual property that they own. Once they get married, however, any property accumulated (with rare exceptions) is referred to as “marital” property—that is, owned by the couple. Thus, if a divorce occurs, these assets must be distributed fairly between the two spouses.

The general rule is that marital property is divided equitably—fairly, not necessarily equally—between the spouses. Most people understand this to mean the couple’s assets. According to Illinois law, however, marital property includes both assets and debts acquired during the marriage. This holds true even if the debt was incurred by only one of the parties. It is still property of the marriage if it was incurred during the marriage. At least in Illinois, that is the only criteria necessary to classify a debt as marital.

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