Posted on December 20, 2022 in Child Custody

Establishing an agreeable parenting plan can be complex and contentious, especially if the divorce is acrimonious. Parenting plans include the allocation of parental responsibilities, which entails essential decision-making, like the child’s education and healthcare. Parenting time, formerly known as visitation, is also included in a parenting plan. The best interest of the child is always paramount under Illinois law. A child custody attorney adept at negotiation can help draft an agreeable, surefire parenting plan.

Parenting Plan under Illinois Law

From the divorce filing date, parents have 120 days to file a projected parenting plan with the court. If the parents are unable to provide a tentative parenting plan, they may obtain an extension through court-ordered mediation. When an agreeable parenting plan is not reached by the court-ordered date of extension, the judge may rule on the disputed elements of the parenting plan. The status of the parenting plan then transfers into an allocation of judgment. Once an agreeable parenting plan is established, that plan will be permanent and cannot be changed for two years except in rare cases.

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 Posted on December 16, 2022 in Property Division

Many people assume that they will be granted a more favorable divorce settlement if their spouse cheated on them or they were otherwise wronged by their soon-to-be-ex. However, Illinois is a no-fault divorce state. Divorcing spouses do not need to show proof of marital misconduct like infidelity or mental cruelty to be granted a divorce. In most cases, the reason that the marriage is ending does not matter to Illinois courts. That being said, reckless or wasteful financial decisions during the marriage can impact the outcome of the divorce.

How Illinois Courts Divide Property

Divorcing couples in Illinois may be able to reach an agreement on how to divide their shared property without the court’s involvement. However, if the couple cannot reach a settlement, the court will divide their property according to a legal doctrine called equitable distribution. Property is divided fairly based on many factors, including both spouses’ financial circumstances. Illinois law specifically states that courts will divide marital property without regard to marital misconduct. For example, courts cannot award less marital property to a spouse solely because that spouse cheated on or abused his or her partner. However, there is one major exception to this rule: If a spouse dissipated marital assets, the non-dissipating spouse may be entitled to reimbursement.

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 Posted on December 15, 2022 in Property Division

Credit card debt is a common burden that afflicts many Americans. Out of frivolity or necessity, credit card debt can be easy to accumulate. In fact, as of 2022, the credit card debt of American citizens has risen to $925 billion, which is a 15 percent increase from 2021. When a divorcing spouse discovers, unbeknownst to them, that their spouse has accrued debt from one credit card or multiple credit cards, the divorce can become acrimonious. The equitable division of assets can also become even more convoluted than a divorce involving financial transparency.

Under Illinois law, most credit card debt is considered marital property as the non-offending spouse will be obligated to pay. A divorce attorney adept at identifying marital assets, which include debts, can evaluate your case and help strategize for a reasonable settlement.

Instances Where Credit Card Debt is Non-Marital

• Legal separation – Any credit card debt accrued after a legal separation is considered non-marital.

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 Posted on December 07, 2022 in Paternity

According to the Centers for Disease Control and Prevention (CDC), in 2020, more than 40 percent of all births were out-of-wedlock. Sometimes the paternity of the father of out-of-wedlock births is unknown. Other times, for whatever reason, a mother may purposely keep the paternity private from the father. Unless paternity is established, the mother retains all legal rights to her child. A paternity attorney with expertise in advocating for parental rights can evaluate and explain the legalities of your case and help you create an effective parenting plan.

Six Benefits of Establishing Paternity

The advantages of establishing paternity can benefit both the mother and father but is most especially invaluable for the child. Some benefits of establishing paternity include the following:

1. Establishing paternity enables and fosters a relationship between the father and child.

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 Posted on November 22, 2022 in Child Custody

Child custody battles can sometimes be traumatic, stressful, and agonizing; however, when one parent suffers from addiction problems, the custody battle can be even more contentious and chaotic. Addiction comes in many forms, and a parent's addiction can have lasting and damaging mental and emotional effects on a child's well-being through adulthood. For instance, a child of an abusive alcoholic father could grow up with post-traumatic stress disorder (PTSD) or develop co-dependency. The consequences of the dysfunction caused by an addicted parent are severe, as many children can feel shame, embarrassment, abandonment, and anger.

Addiction can devastate a family's welfare, finances, and mental health and can lead to domestic violence and child abuse. According to the National Center on Substance Abuse and Child Welfare, roughly one in eight children reside with at least one parent with a substance abuse addiction. If an addictive parent cannot provide their child with basic needs, safety, and protection, that parent might be forced to forfeit their parenting rights. The best interest of the child is at the forefront of every case in Illinois court. So, the provisions of an offending parent's parenting plan may be restricted if needed. A trustworthy child custody attorney can help you navigate this difficult situation.

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 Posted on November 21, 2022 in Guardianship

Guardianship of a minor child is a serious responsibility, complete with a host of complexities to consider, including the child’s psychological well-being. When a child is orphaned or neglected, they need a suitable guardian; without one, the child becomes the ward of the state. According to Children’s Home + Aid, over 4,000 children enter the Illinois foster care system annually. Currently, there are more than 16,000 children in Illinois’s foster care system. A guardianship lawyer can provide legal aid for those who wish to establish guardianship over a minor.

What is Guardianship of a Minor?

The court appoints legal guardians if a child’s parents are deceased, detained, infirm, or unwilling to care for the child. Legal guardianship authorizes an adult to the decision-making and care of a child who is not their own. A child’s guardian does not need to be a blood relative of the child and could include the following.

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 Posted on November 18, 2022 in Child Custody

Under Illinois law, divorcing or separating parents of minor children are mandated to complete a court-approved parent education class. Even if the divorce is uncontested, parents are required to pay for and finish a parenting course. Sometimes parenting classes are court-ordered for parents accused of child abuse or neglect. These courses teach parents how to cope with frustrations, providing them with essential techniques to care for their children safely.

What is a Parenting Class?

Parenting classes are educational courses intended to enhance family dynamics by promoting a positive and nurturing relationship between the divorcing or separating parents and the child. The many benefits of parenting classes include but are not limited to the following:

• Teaches parents vital skills to help with the child’s transition from traveling between a two-parent household to a single-parent one

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 Posted on November 15, 2022 in Guardianship

Life circumstances can change in an instant. Catastrophic accidents or diseases may debilitate an adult to the point that they need a guardian to help manage their finances and healthcare. A family law attorney proficient in the decision-making responsibilities of guardians can assist with setting up a guardianship and help you prepare for the unexpected.

Types of Adult Guardianships in Illinois

A guardian, which only the court can appoint, is authorized with the legal responsibility to care for a disabled or incapacitated adult, also known as a "ward."

• Guardian of the estate – The guardian manages all of the ward's finances, including bills, banking, taxes, and real estate.

• Guardian of the person – The ward's healthcare and living arrangements, which may include home healthcare, assisted living, or a nursing home residence, are handled by the guardian.

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 Posted on November 07, 2022 in Child Custody

Social media is a valuable tool that enables people to market their businesses, promote their support groups, advocate for causes, and provide a sense of connection among family and friends who may live long distances. It also provides loved ones with accessibility to the social media user’s lifestyle, opinions, and emotions. During the COVID-19 quarantine, many depended on social media as an outlet to maintain relationships and human interaction. According to one source, as of 2021, 82 percent of the US population has a social media profile, which accounts for 223 million Americans. But with all the benefits, social media has a sordid underbelly.

Aside from cybercrimes like doxing, hacking, and identity theft, online predators peruse the Internet to commit child sex exploitation. Posting a personal photograph of your young child in the bathtub or in a bathing suit might be an endearing snapshot to share with the child’s grandparents, but such publicly viewed photos could entice online predators like pedophiles and cyber kidnappers. It is common for many to post pictures of their children on social media. However, some parents oppose this oversharing.

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 Posted on November 02, 2022 in Property Division

Asset division during divorce can sometimes exacerbate acrimony between the parties, especially if the dispute involves inherited assets. Under Illinois law, inheritance is considered non-marital property. However, ascertaining whether the inherited property ever shifted into marital property can be complicated. Once inherited assets are commingled with marital property, the inherited property can become marital.

A divorce attorney proficient in inheritance matters can help identify whether inherited assets are marital or non-marital. Additionally, a divorce attorney can help draft or modify marital agreements that protect your inheritance or your rights to an inheritance.

Means of Inheritance Protection

If a married person wishes to ensure that their inherited assets remain non-marital property, there are several ways to do so.

• Marital Agreement - Both types of marital agreements, prenuptial and postnuptial, can expedite divorce proceedings as long as the stated provisions are straightforward and explicitly defined. In a prenuptial agreement, each spouse can specify that current and future inherited assets remain non-marital. If a spouse has a change of heart, the prenuptial agreement can always be modified. A postnuptial agreement is especially valuable if there is not a prenuptial agreement. This agreement can also define spouses’ property rights.

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