Posted on June 24, 2015 in Divorce

If you are like most people, the thought of a long, drawn-out divorce seems to be torturous and unnecessary ordeal. You have reached the end of your marriage and, while there will certainly be challenges, you would prefer to complete the divorce as quickly and painlessly as possible. There is no need to complicate the process any further.

Fortunately, by approaching your divorce with the right attitude—and encouraging your spouse to do the same—the proceedings can often handled efficiently and with minimal stress. Additionally, a quick, solid resolution can also have the added advantage of reducing expenses related to legal fees and court costs. To facilitate a faster divorce process, make every attempt to:

• Clearly hear and understand your spouse: Marriage is built on compromise and a workable divorce is not really any different. You and your spouse may have differing opinions on what you believe to be fair, and it is important that you clearly understand each other. This does not mean you have to agree, but recognizing and respecting his or her perspective can help you reach a faster resolution;

Continue Reading ››

 Posted on June 22, 2015 in Child Custody and Support

Whether in divorce or following a break-up between unmarried parents, determining arrangements for custody of your child can be a very difficult process. In fact, if you are like many parents, you may be struggling with even knowing where to start. You undoubtedly want is best for your child, and for some, the best option may be a sole custody situation.

What is Sole Custody?

Legal custody of a child in Illinois refers to the responsibility of the child’s parents in making the necessary decisions related to his or her upbringing. Sole custody may be granted to one parent who then assumes full accountability for decision-making regarding the child. Conferring with the other parent is not assumed, nor is it necessary under the law in sole custody situations. There may, of course, be sole custody arrangements in which the parents choose to cooperate in making decisions, but the ultimate responsibility for them falls upon the parent who has been awarded custody.

Continue Reading ››

 Posted on June 18, 2015 in Divorce

Beginning with the introduction of California’s no-fault divorce law in 1970, divorce on the grounds of irreconcilable differences has become much more common across the country. Laws permitting no-fault divorce are now in effect in all 50 states, effectively allowing couples to end their marriage based on the partners’ incompatibility or the deterioration of the relationship. Illinois law, however, still provides for divorce on at-fault grounds which are based on the actions or behavior of one spouse.

Fault Grounds for Divorce

There are several causes for which a court may grant an at-fault divorce in Illinois. According to the Illinois Marriage and Dissolution of Marriage Act, a divorce decree can be issued when it can be shown that a spouse:

Continue Reading ››

 Posted on June 15, 2015 in Property Division

Administering and allocating accumulated debt is one of the most difficult issues for divorcing couples in Illinois. Many don’t realize it is not as simple as transferring the debt from one person to another. Divorce does not change existing contracts with third-party creditors (a credit card company, for example). Even if the court assigns a lump sum of debt to the husband upon stipulation of the divorce settlement, the wife is liable for any outstanding payments because her name is on the joint account. Both parties still assume responsibility for the debt, regardless of the impending divorce.

What is Marital Debt?

Debts are allocated between the two parties as a part of the property division phase of the divorce. In order to qualify for the division, the obligations in question must be classified as “marital”. This includes most charges sustained before and during the marriage, regardless of which spouse’s name appears on the account. All other debts are considered “separate” and remain the responsibility of each given party.

Continue Reading ››

 Posted on June 10, 2015 in Divorce

Marriage and divorce are, obviously, very complicated and personal matters. They are impacted by countless factors and contributions not only from each partner, but from children, extended families, and, to an extent, the environment in which they exist. While relationships, obviously, are affected little by arbitrary lines on a map, analyzing marriage and divorce across the United States shows some very interesting results.

Based on information collected in the American Community Survey, an ongoing social data project run by the U.S. Census Bureau, researchers have determined that residents of some states are more likely to be divorced than residents of others. According to the survey, approximately 48 percent of all Americans over age 15 are married, and about 11 percent are divorced. On a state-by-state basis, however, the numbers varied quite a bit.

Continue Reading ››

 Posted on June 08, 2015 in Family Law

Supervised visitation is usually court ordered but may also be agreed to by the parties in question. If one parent is determined to be abusive, violent, on drugs, or in another way impaired that would potentially jeopardize the safety of the children, the court may order supervised visitation. Typically in such cases, a domestic order of protection or temporary restraining order is involved in the case. In other cases, the family court judge may determine that supervised visitation is in the best interest of the child if the visiting parent has had little to no contact with the child or if the child is an infant or under the age of three.

Supervised visitation means that a third party is involved and required to be present during the parent’s visitation with their children. The supervisor must be of adult age and is generally one of the following:

Continue Reading ››

 Posted on June 03, 2015 in Child Custody and Support

For many parents, determining arrangements for their children in divorce can be very difficult. It can be especially challenging during the actual divorce proceedings as they must continue to provide for their children while negotiation or litigation continues. Some couples are able to parent cooperatively throughout the process, despite the lack of a formal agreement. Others, however, may be best served by a temporary custody order which clearly delineates each parent’s responsibilities until a final order can be determined.

Considerations in a Temporary Order

Any parent involved a custody proceeding, including one related to an order modification, can request that a temporary order be issued. Illinois law provides that the court may enter a temporary award of custody based on the same considerations of permanent custody. These include, among others:

Continue Reading ››

 Posted on June 01, 2015 in Divorce

The financial implications of divorce can certainly be far-reaching. In some cases, they may continue to impact a divorced couple even after the death of one ex-spouse. This often occurs in situations involving life insurance policies that were addressed during proceeding related to the division of property.

As with any asset acquired during the course of marriage, most life insurance policies are considered marital property. They were generally purchased with marital assets and intended for the benefit of the surviving spouse and children. Therefore, during a divorce, the value and future proceeds of a life insurance policy must usually be considered and allocated equitably, according to Illinois law.

Some divorce agreements will require the owner of the policy to keep his or her ex-spouse as the beneficiary. This may be done to provide an alternative source of spousal maintenance or child support, for example, in the event of the payor’s untimely death. An ex-spouse may also remain as a beneficiary of the policy simply to offset the policyholder’s allocation of a different marital asset. For example, in exchange for being allowed to keep a jointly-owned vehicle, the policyholder may agree to keep his ex-wife as the policy’s beneficiary.

Continue Reading ››

 Posted on May 29, 2015 in Divorce

Under the best of circumstances, divorce is a difficult process. There are many considerations to be made and legal concerns to be addressed, all in the midst of a whirlwind of emotion related to the breakdown of a relationship. As you head toward divorce, you have probably been encouraged by friends and family to seek the services of an attorney to help you through the process and you may have even received recommendations on which lawyer to hire.

The attorney you choose can certainly have a great impact on the outcome of your divorce, as well as your experience during the proceedings. Your decision should be based on your own research and your comfort level with an individual lawyer’s answers to the questions you may have, including:

Continue Reading ››

 Posted on May 28, 2015 in Child Custody and Support

After a divorce or other situation leading to the creation of a child custody order, most parents are granted certain amounts of time with their child or children. This time may be rather significant, as would be the case for a parent who was awarded sole custody of a child, or it may be relatively limited, as would be the case for a parent with visitation for a few days each month. For many other parents, their time with the child often falls somewhere in between. Challenges may arise, however, when, for whatever reason, a single or divorced parent needs to find alternative care for the child during his or her arranged parenting time. In such situations, the Illinois law regarding the “right of first refusal” may be invoked.

Child Custody and Right of First Refusal

Under the Illinois Marriage and Dissolution of Marriage Act, any child custody arrangement involving joint custody or rights of visitation may also include provisions for the right of first refusal. The terms of first refusal rights may be amicably negotiated by the parties or determined and awarded by the court to one or both parents. As with most child-related issues, the best interest of the child is expected to remain the highest priority in making such a determination.

Continue Reading ››