Posted on April 26, 2017 in Property Division

When you are in the process of divorcing your spouse, the temptation can be overwhelming to not be entirely truthful in disclosing all of your assets. You may feel that he or she does not deserve them or that you are more morally entitled to retain the entirety of a bank account or pension fund. Do not give into this temptation; the penalties for being found out far outweigh any possible chance you might succeed in your endeavor.

Is It Common?

One might wonder how many people actually go so far as to hide assets. The National Endowment for Financial Education (NEFE) found in a 2011 study that three in 10 Americans admit to some sort of untruthfulness with their partner about financial matters, whether it was outright lying or hiding, or simply softening the truth. More men than women historically hide assets, but of course, any spouse may be tempted, especially if they are the primary breadwinner.

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 Posted on April 21, 2017 in Divorce

When a couple decides to get a divorce, there are several different ways it can go. However, though the individual characteristics may change, there are certain constants in the process. Many couples find them a source of certainty, especially if there are still some disputes between the spouses.

Requirements

Before you are even permitted to file for a dissolution of marriage in Illinois (the official legal name for a divorce) you must fit certain requirements. The primary qualification you must have is residency; Illinois mandates that either you or your spouse must have lived there for at least 90 days before filing.

Also, many believe that having an attorney present is necessary. This is not the case under Illinois law; the Illinois Marriage and Dissolution of Marriage Act does not even mention attorneys in its provisions. Most local courts, including Cook County, do permit pro se parties, or parties representing themselves (it is always best to check with your specific circuit just to be certain, however). Despite this, it is always a good idea to obtain professional advice, especially in a contested divorce.

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 Posted on April 19, 2017 in Paternity

In many states, Illinois included, the paternity of a child is in presumed to be in doubt if the mother is unmarried. There are ways to effectively establish legal paternity that are quick and easy, and by comparison, there are also ways to legally and definitively disavow paternity. Given that the law is different in every state, it is incumbent on you to know your rights and responsibilities if you decide to become a father.

Ways to Establish Legal Paternity

If you are married at the time of your child’s conception and/or birth, your husband (or ex-husband) is legally presumed to be that child’s father. If you are unmarried, there are three main ways to establish legal paternity, which both allows for rights--such as parenting time—and obligations—such as child support, if the parents do not later marry. They are:

• Both the mother and biological father complete and sign a Voluntary Acknowledgment of Paternity (VAP) form. This form will set out the information that will eventually be included on a child’s birth certificate;

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 Posted on April 14, 2017 in Child Custody and Support

When a court enters a Uniform Order of Child Support, the obligation to pay support exists until a fixed point in time, usually when a child reaches 18 years of age. However, there are other points at which an obligation may be terminated, either by law, court order, or mutual agreement. It is critical to know what those points may be.

Common Events That End Child Support Obligations

The most common event, as one might imagine, is that the child in question reaches the age of 18, which is considered the age of majority in Illinois and all but a handful of U.S. states. The rationale is simply that no child support may be owed for someone who is no longer a child. However, it is possible that the custodial parent may petition the court to extend the support obligation until the child has either graduated high school or has turned 19 years old. Graduating high school is considered a formative event, and if a child has not yet completed it, their custodial parent may require a few more months or years of support.

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 Posted on April 12, 2017 in Domestic Violence

Over the last few years, more and more public attention has been given to concussions, traumatic brain injuries (TBI), and related chronic conditions. Many such stories have been prompted by tragedies among professional and amateur athletes, as well as those who serve or have served in the armed forces. There is, however, another group of victims who suffer from traumatic brain injuries but who are often overlooked by the media. This group may, in fact, even suffer TBIs at a higher rate than professional football players, yet you probably seem some these individuals every day. They are victims of domestic violence, and their injuries may be more serious than many people realize.

Understanding Brain Injuries

Traumatic brain injuries occur when there is some kind of blow to the head. A TBI can range from mild—with symptoms such as momentary loss of consciousness—to severe—with symptoms including an extended loss of consciousness and amnesia. In addition, these types of injuries can have an effect on a victim’s emotional, language, sensory, and thinking abilities. Other symptoms of TBI include aggression, decreased motor function, depression, double vision, headaches, imbalance, irritability, and issues with memory, learning, and planning.   

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 Posted on April 07, 2017 in Divorce

Couples do not usually marry with the intent of someday divorcing. Yet divorce does happen each and every day. For couples, the experience may be stressful, painful, depressing, and emotionally taxing, but for children, the separation and upheaval of home and family can be downright traumatic. This is especially true when there is a lot of shaming, blaming, or arguing between parents.

Thankfully, there is a new trend emerging that is mindful, thoughtful, and intentional. More importantly, this new “trend” places the separating couple’s focus on a joint goal: successful and amicable co-parenting. This goal is so important that it takes precedence over any and all issues the parents may have with one another.

Doing Divorce the Right Way

An amicable divorce will still have its share of problems. After all, the divorcing couple probably would not be separating if they could easily resolve their issues. But with the right mindset, the right approach, and qualified help, it is possible to set differences aside to ensure that children do not end up feeling as though they must choose one parent over the other. In the end, the reward is worth the work.

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 Posted on April 05, 2017 in Divorce

Has your marriage reached the point where it is no longer a healthy part of your life? A marriage can deteriorate for many reasons, but according to Illinois law, there is only one legal basis for divorce. Thanks to changes to the state’s family law statutes last year, a divorce can only be granted on the grounds that irreconcilable differences have pushed the marriage beyond the point of repair.

What Are Irreconcilable Differences?

When Illinois permitted fault-based divorce, such grounds were fairly straightforward. They included behaviors like adultery, repeated mental or physical cruelty, abandonment, and other actions that were easy to understand, even if they were difficult to prove during divorce. Irreconcilable differences, on the other hand, are rather vague. In fact, there is no single definition of irreconcilable differences contained in the law. Instead, the phrase is understood to mean that the spouses are no longer able to remain in a marital relationship with one another.

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 Posted on March 31, 2017 in Visitation

While it may seem that your children just went back to school a few short weeks ago, the reality is that the current school year will soon be drawing to a close. Of course, children spend much of the academic year looking forward to summer vacation, but many parents face difficulties during the summer months in regard to finding appropriate child care and keeping the kids out of trouble. For divorced, separated, or unmarried parents, the issues can be even more challenging, as summer vacation is often treated as a special circumstance in a court-approved parenting plan.

Common Arrangements

It is not unusual for a child whose parents are divorced to spend a significant portion of the summer break with the parent he or she tends to see less during the school year. Such an arrangement is actually fairly common in many parenting plans. For example, if your child resides primarily with you during the school year and spends alternating weekends with his or her other parent, the other parent may be given several straight weeks of parenting time during the summer. This type of situation, however, is not feasible for every family. Work schedules, summer camps, and other complications may require you and your child’s other parent to develop a more creative solution.

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 Posted on March 29, 2017 in Family Law

If you are preparing to get married to someone who has children from a prior relationship, it is important to understand what may be in store for your future, especially if you do not have children of your own. While you may have taken on certain responsibilities and been accepted as part of the family while you and your partner dated, marriage is a very serious step. When you say, “I do,” you will become a stepparent, and, from that day on, you will have a very real impact on the lives of your spouse’s children.

A Package Deal

It may seem obvious, but many new stepparents seem to downplay or outright ignore the role that a child plays in his or her parent’s life. It is easy to get caught up in the euphoria a new romantic relationship with your partner and to only think about the children on occasion. You must remember that, no matter how much you love your partner, you are not just marrying him or her. For better or worse, you are also marrying into a pre-existing family unit. If you are not prepared for this reality, the new family dynamic could quickly spiral out of control. This means that you may not get as much one-on-one alone time with your partner as you would like, at least while the child is fairly young. Instead, you are likely to have a wider variety of family experiences

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 Posted on March 24, 2017 in Divorce

Have you found yourself in a pending divorce and feel like you have no plan in place? Whether expected or not, divorce is an overwhelming and life-changing event for many. It is important to arm yourself with information, help, and peace of mind. An experienced can take care of your legal needs and offer the knowledge needed to help you sail through the process smoothly.

Changes for 2017

By July of this year, a new child support law will take effect. Currently, the dollar amount of child support is based on the payer’s net income. The change implements the income shares approach, which calculates child support based on the parents’ combined, adjusted net earnings and takes into account the time each parent spends with the children.

How to Map Out a Plan

After consulting with a lawyer, make a plan. Doing so will help you know what steps to take from an objective point of view during an emotional time in life. While some people do pursue a divorce on their own, working with a lawyer can help you sort through the surplus of well-meaning opinions and unofficial legal advice you are undoubtedly receiving from friends and family.

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