Posted on February 14, 2023 in Family Law

Protection orders are court orders that are placed with the intention of protecting an individual or individuals from an abusive person in their household or family. These orders are governed under the Illinois Domestic Violence Act (IDVA). Originally passed in 1982, the IDVA brings legislative recognition to the gravity of domestic violence by providing a wide range of protection to victims. We will be discussing three different types of protective orders: civil no-contact orders, orders of protection, and stalking no-contact orders.

Civil No Contact Orders

A civil no-contact order requires that a person who has committed sexual assault or abuse stay away from the person they assaulted. Any person who is a victim of non-consensual sexual conduct or penetration is eligible to petition for a no-contact order, regardless of age, blood relation, or romantic interest. If you are a minor or an adult with health issues that prevent you from filing yourself, you may have a parent or trusted adult file on your behalf. Filling out this petition may require someone to share details or proof of the assault. Additionally, an advocate at your local rape center can help with filling out this petition.

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 Posted on February 10, 2023 in Post-Judgment Modification & Enforcement

Going through a divorce is a difficult and taxing process. After completing the stressful divorce process, a person may hope to finally be able to put this experience behind them. However, there are situations where issues related to divorce may arise later. Divorce settlements strive to address the current and future needs of the parties involved.

There is, however, consideration for parties to make modifications that may be necessary over time. Family and financial circumstances often require renegotiation at certain times to meet present needs. This follows if one of the parties does not fulfill the terms of the divorce settlement. In this case, the other party needs to pursue legal options for enforcement.

Modifications

In the state of Illinois, either party is allowed to petition the court to make changes to existing family law orders related to concerns such as child custody, visitation, child. support, or alimony. These orders can be modified when it is necessary divorce orders, but for the court to grant these modifications, the party requesting these changes must have a valid reason for wanting to make these changes.They must prove that there have been significant long-term changes in the life of one or both parties, including;

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 Posted on February 07, 2023 in Property Division

When people get divorced, most assume that they will have to divide their assets. However, many do not fully understand the rules and procedures for doing so. The good news is that with help from a qualified attorney, the process can be relatively straightforward in many cases.

Asset Division Considerations

The first step to dividing property is determining what is marital property and what is separate property. Separate property is defined as assets that were accumulated by an individual before the parties were legally married. Marital property includes assets and debts that have been accumulated by one or both parties during the marriage, with limited exceptions for gifts and inheritances.

Examples of property that could be considered marital include:

• Homes
• Vehicles
• Household Items
• Savings Accounts
• Investments
• Life Insurance

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 Posted on January 31, 2023 in Child Custody

In Illinois, visitation is now called "parenting time." Courts typically assume that it is in the child’s best interest for them to spend quality time with each parent, as long as this poses no risk to the child’s safety and well-being. However, there are also situations in which the courts may place conditions on parenting time, such as requiring a parent to abstain from drugs or alcohol prior to and during parenting time.

Who Has a Right to Parenting Time?

The biological parents of a child typically have the right to spend time with that child. However, if unmarried parents have a child together, a parent may need to establish parentage before gaining parental rights. For example, if an unmarried woman gives birth, the father must establish paternity before he gains the right to petition the court for parenting time and parental responsibilities. Parentage or paternity may be established through a Voluntary Acknowledgement of Paternity (VAP) document, an administrative process through the Illinois Department of Health and Family Services, or a judicial process through the court.

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 Posted on January 27, 2023 in Property Division

Illinois is an equitable distribution state, meaning that each party is entitled to a fair share of marital assets. Marital assets are items that were acquired while the parties were married. It does not matter if it was simply one of the parties that were making these purchases, if it was purchased or earned during the marriage, then both parties are entitled to it. The exception to this is if the asset was obtained through inheritance or gift.

High-value marital assets are one of the biggest issues that prolong divorces and make them more complex than they need to be. If the parties are willing to discuss these matters with a level head, they may be able to negotiate a fair divide between their assets. If they cannot reach an agreement, the court divides marital assets according to the “equitable distribution” doctrine.

Dividing High-Value Marital Assets

When going through a divorce with high-value assets, both parties need a full understanding of all the assets they own and acquired during their marriage and the value of these assets. The value of these assets is often up for debate, so it is recommended to have them professionally valued by an appraiser. Here are some important assets that the spouses may need to address:

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 Posted on January 25, 2023 in Child Custody

The term “parenting time” is described as the time a parent uses to look after their child after a divorc. It is recommended that both parents negotiate a parenting time agreement that is in the best interest of everyone. If they cannot agree, the court will be the one to determine what is best for the child. However, if there are safety concerns for the child spending time with one or both of their parents, then the court may order parenting time restrictions. In 2016 Illinois law changed making it more challenging to restrict parenting time. Illinois law defines a restriction of parenting time as; “any limitation or condition placed on parenting time” Illinois courts only order a parenting time restriction if unrestricted parenting time would “endanger the child’s physical, mental, moral, or emotional health.”

When Is Restricted Parenting Appropriate?

The judge will be the ultimate decider regarding parenting restrictions. The parent who is seeking to restrict the other parent’s parenting time must be able to prove their concerns in court. Here are a few situations in which restricted parenting might be appropriate:

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 Posted on January 19, 2023 in Collaborative Law

According to the Illinois Collaborative Process Act (ICPA), "collaborative process" is defined as a "procedure intended to resolve a collaborative process matter without the intervention of the court." Collaborative divorce involves two parties who are willing to work and respectfully nnegoiate all issues outside the courtroom. A collaborative divorce attorney will represent both parties. The collaborative process consists of multiple meetings in a non-adversarial environment that helps to allow both parties to see eye-to-eye on the looming issues with their divorce, such as the division of assets or parenting time. Collaborative divorce is not for everyone, especially couples who refuse to work together. But, if the parties can work together, a collaborative divorce allows both parties to focus on their needs to move forward into the future.

What to Expect in a Collaborative Divorce

If the parties decide to go forward with a collaborative divorce, each spouse, along with theirr respective lawyers, will sign a participation agreement. This agreement means that all parties will agree to try and solve all marital issues with respectful negotiation. This process focuses purely on each party’s specific needs and interests. If any children are involved, then their best interests will also be a main focus. Once an agreement has been reached, the collaborative lawyers will draft the necessary paperwork and submit the written agreement to the court for approval. If the parties are unable to find an agreement, then the collaborative process will be terminated.

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 Posted on January 16, 2023 in Uncontested Divorce

Divorce is a difficult experience for everyone. You are not only grieving the separation of your family, but now you have to navigate the complicated legal process of divorce. However, if you and your spouse can converse, negotiate, and agree you might be able to work together to proceed with an uncontested divorce. An uncontested divorce is one of the fastest, easiest, and least expensive ways to get a divorce in Illinois.

What is an Uncontested Divorce?

In Illinois, an uncontested divorce has both spouses agreeing on important issues within their divorce. These issues may be about properties, debts, alimony or ‘spousal maintenance", child custody, child support, and parenting time.

If you meet specific requirements, there is an even faster form of an uncontested divorce that spouses may seek out. This is a "joint simplified dissolution", however in order to file for one, you must meet all of the following:

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 Posted on January 10, 2023 in Spousal Support

In the state of Illinois, alimony, or spousal support, are regular payments made to an ex-spouse from another ex-spouse. These payments are separate from those made for child support. These are meant to help financially support the receiving party who may need further education or financial support until they can gain the skills necessary to become self-sufficient. When addressing matters relating to spousal support, working with an experienced divorce attorney can help your chances of achieving a positive outcome.

When Is Spousal Support Ordered?

In Illinois, there are two ways in which a spouse can be granted spousal support, called "spousal maintenance" in the law. Either the party can decide on a spousal maintenance arrangement through an agreement or it can be ordered by a judge. When considering a spousal support order during a divorce, a judge will consider many factors and circumstances. These things include: 

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 Posted on December 28, 2022 in Spousal Support

Formerly known as alimony, spousal maintenance is established through an agreement between the spouses or a court order. Courts do not always award maintenance. Each divorce is evaluated on a case-by-case basis. A divorce attorney knowledgable in spousal maintenance laws can help you understand your potential maintenance entitlement or obligation during your divorce.

Formula to Calculate Spousal Maintenance

Illinois court utilizes a formula to calculate the amount of spousal maintenance one may be awarded: Twenty-five percent of the payee's net income is subtracted from 33.33 percent of the payer's net income to find the annual maintenance obligation. The maintenance must not surpass 40 percent of the combined income of the divorcing spouses.

The duration of spousal maintenance is usually determined by the duration of the marriage. For example, with a 10-year marriage, the petitioning spouse may be awarded maintenance for four years.

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