Posted on January 26,2024 in Divorce

Family trips are an excellent opportunity to enjoy some quality time together. When parents are getting a divorce, it can be especially important to get the children out of their daily routine and let them have a bit of a break from what might be a stressful situation. Are there any laws preventing you from taking your kids on vacation while your divorce from their other parents is not yet finalized? Is it legal to block out several days for a trip before you and your spouse have settled on a custody arrangement? A knowledgeable Yorkville, IL divorce lawyer can answer all these questions.

Is It a Legal Problem to Travel With Kids During a Divorce?

Generally speaking, when a couple gets married and has kids, the law does not get involved in how they decide to raise their children as long as the children are not harmed. If one parent has a job where they need to work during the holidays - like an emergency room nurse, for example - the other parent can take their children to spend the holidays with grandparents or cousins. If one parent has limited vacation days and the other parent does not work or has a job where they have the same days off as their children - a school teacher, for example - the second parent might take the kids on trips without their spouse.

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 Posted on January 22,2024 in Divorce

Every state has its own set of rules and laws about divorce. This is true for asset division, custody arrangements, and even what is considered acceptable grounds for divorce. The State of Illinois is now considered a “no-fault state,” and irreconcilable differences are the only reason a court will accept for ending a marriage. This means neither spouse has to prove that the other is responsible for breaking up the marriage. In general terms, an affair will not necessarily affect the outcome of your divorce. If you cheated on your spouse, you should speak with a knowledgeable Oswego, IL divorce lawyer to determine how best to protect your rights and interests.

What Does “No-Fault” Mean?

Before Illinois became a no-fault state in 2016, people who wanted a divorce needed to appeal to the court and explain why. To be granted a divorce, they needed to prove why they deserved one. Once Illinois switched to the new policy, the only valid reason the courts would recognize for granting a divorce was irreconcilable differences. This broad title can include numerous things, and proving that you have such differences with your spouse is not especially difficult

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 Posted on January 17,2024 in Collaborative Law

You might be surprised to learn that there are several different ways that a marriage can legally end. For example, couples can split up through a typical divorce process in family court, an uncontested divorce, legal separation, or mediation. Another less common method for ending a marriage is called collaborative divorce. This can be a great option for couples who have the resources necessary. Suppose you and your spouse do not wish to stay married but want to avoid the animosity that is sometimes characteristic of a typical divorce. In that case, you should speak with a collaborative divorce lawyer in Geneva, IL, to learn more

What Does Collaborative Divorce Mean?

Unlike a typical divorce that plays out in family court, collaborative divorce is a good alternative for people who want to avoid litigating their divorce in court. The spouses involved can build up a team of professionals from many different fields of expertise to help the process move along with less antagonism than is often seen in divorce. These professionals can include mediators, child psychologists, accountants, asset division specialists, and lawyers. They cannot use the same lawyer; each side must hire their legal representation.

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 Posted on January 15,2024 in Family Law

When a married couple splits, their divorce settlement must cover several topics. Their division of marital assets, spousal support, and the future of their marital home are just a few. When couples begin their divorce proceedings already equipped with a prenuptial agreement they signed before they ever got married, it can make everything go much smoother and quicker. Couples who never signed a prenup but realize once they are already married that it might have been a good idea often sign something very similar, a postnuptial agreement. If you are married and wish you had signed a prenup, you should speak with an Aurora, IL divorce lawyer to discuss whether a postnuptial agreement might be advisable.

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 Posted on January 09,2024 in Divorce

People alive today have access to technology that could not have been imagined only a couple of generations ago. The internet helps people find and purchase items they need, enjoy entertainment, and even find potential love, all at the click of a button. However, hardly anything that people do or post on social media can be kept private, and total strangers can see political expressions you make or pictures of you doing things you may otherwise prefer not to be public. This can be especially important to keep in mind when you are in the midst of a divorce for several reasons. If you are getting divorced and have questions about how your social media usage might affect the outcomes, an Aurora, IL divorce attorney can help find the answers.

Can My Activity on Social Media Truly Impact My Divorce Settlement?

Often, people who are going through divorce want to portray themselves as upstanding citizens. If they have children and want to be granted full or primary custody, they want to ensure they appear as responsible parents who can provide a stable and safe environment. If they want to ensure high child support payments, it would be good for them to seem financially weaker than their spouse. If they want to try to avoid paying alimony/spousal support, they might want to downplay their wealth. But the courts will not simply accept their word as fact; things posted on social media can serve as proof of reality.

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 Posted on January 04,2024 in Aurora Family Law Attorney

When a baby is born in Illinois, the mother who delivered that baby is automatically recognized as the mother. If she is married at the time of the birth, her husband is automatically considered the father without needing to show any proof. If she is not married at the time of the birth, no one is automatically recognized as the baby’s father.

Establishing paternity, or being legally recognized as the father, has a lot of implications for the parents and the child. Once established as the father, this man will now have legal obligations as well as legal rights related to the child. If you are about to become a father and you are not married to the mother, you might have questions about what you should do. An experienced Kane County, IL paternity lawyer can provide answers and guidance.

I Know I Will Support My Child, So What Difference Does Paternity Make?

When parents go from being married to being single, they generally go through a formal process like divorce or civil separation. As a result, they will have legally binding arrangements for everything related to how they will now raise their children as they enter a new chapter in their lives. A settlement officially ending their marriage will need to include information about how the parents will divide their parental rights and responsibilities, including the specifics of where the child will live, which parent the child will spend which holidays with, and decisions that might require both parents’ agreement.

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 Posted on December 27,2023 in Divorce and Holidays

While most people are greeting one another with “Happy Holidays,” there are some couples who are feeling not-so-jolly this season. The holiday season is meant to be a cheerful and joyous time to spend with family and friends. Unfortunately, not everyone feels the holiday spirit and may be experiencing more stress than bliss. The stress can be so overwhelming that it leads to divorce or separation once the festivities die down. An attorney can be an empathetic ear when thoughts of divorce plague your mind, serving as a guide and legal counsel on how best to approach the divorce process.

Reasons For a Holiday Divorce

Contemplating divorce on or around the holidays is much more common than you would think. January sees many couples spiraling as the holiday cheer turns to cold, bleak resentment. Often, couples waver in their commitment to one another long before the holidays arrive and simply choose to hold onto a marriage until the holidays come to a close.

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 Posted on December 21,2023 in Divorce

In Illinois, debt is considered when dividing marital assets during divorce proceedings. The amount of debt one spouse receives over the other is determined by multiple factors, which include:

• The specific needs of each spouse
• How long the marriage lasted
• What marital assets each spouse is already receiving

Illinois being an equitable distribution state means that the debt will be split relatively rather than 50/50. It is a good idea to know exactly what debt is yours in marriage before you reach this part of the divorce process. When one spouse is not being forthcoming about how much debt they have accrued during the marriage, contact a divorce attorney.

Marital Assets

All property acquired over the course of your marriage is considered marital property. This includes debts as much as it does assets. The only property that is legally yours and considered a non-marital asset would be any non-commingled property you owned before marriage, anything declared in a premarital agreement, gifts or inheritance, and premarital debt.

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 Posted on December 19,2023 in Child Support

Child support is oftentimes necessary after a divorce for the parent who is awarded the most parenting time. More time with the child often equates to more financial expenses for the child, so it only makes sense that the parent with less parenting time helps support the other. After all, it is only until the child turns 18 years old before child support ends, right? Well, only in some situations. Some circumstances could see one parent continuing child support payments even after their child is an adult. A more in-depth and beneficial discussion on child support can be had by reaching out to an experienced family law attorney.

Reasons a Non-minor Child May Still Require Child Support Payments

Depending on the circumstances, child support may be required long after a child has reached adulthood. According to the Illinois court, the three most common reasons include:

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 Posted on December 14,2023 in Child Support

Modifying child support is not a daunting task. The support amount received is based on the current parenting time schedule and the incomes of both parents. During a motion to modify child support, both parents are obligated to exchange affidavits to clarify income earnings over the last two years. New child support payments can then be calculated using this information and how many overnight stays a child spends with each parent. An attorney can help you calculate your potential child support payments and help file for a child support modification if necessary.

Child Support Deviations

Deviations in child support are when the amount entitled goes up or down in total and will depend on many factors, including a judge’s discretion. Parents will often argue that child support is too much or not enough, and a court will decide if either is true when considering a modification. Each modification is evaluated on a case-by-case basis and is considered binding until another motion for modification is filed.

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