Posted on January 22, 2020 in Post-Judgment Modification & Enforcement

The state of Illinois believes that both parents have the responsibility to financially support their child, even if a parent does not necessarily have an active relationship with him or her. This is why child support exists. In Illinois, child support is ordered in most divorce cases, but it can also apply to situations where the parents of a child are not married. Child support is determined using a formula and a set of rules that take into consideration the number of children you have, both parents' income, and how much it costs to cover the child’s necessities. Typically, child support orders are entered during the divorce process or if the parents are unmarried when the couple splits. Life is unpredictable, and sometimes circumstances change from what they were when the child support orders were first created. In situations such as this, you may find yourself asking, “Can I change the support order?”

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 Posted on January 20, 2020 in Divorce

We have all heard the common statistics that approximately half of all marriages end in divorce. While the divorce rate for first marriages lingers somewhere between 40 and 50 percent, the divorce rate for second or third marriages is much higher. Studies have shown that second marriages have an estimated 67 percent divorce rate, while third marriages are even higher, with an estimated 73 percent of these unions ending in divorce. Many people often wonder why the divorce rate increases with the number of marriages, since most would think people would have learned from the mistakes that led to their first divorce. Below are a few issues that experts have pinned down as being possible reasons why more marriages do not equal more success:

People Rush Into Marriages

One speculation as to why second and third marriages do not last very long is because people have a tendency to get married more quickly when they are divorced. After going through a divorce for the first time, there is a rebound period that people typically go through. This is a good opportunity to spend some time on their own, although many people choose to date during this period. Marriages during this time are less likely to succeed, unless a couple was together for two years or longer before they decide to wed again.

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 Posted on January 15, 2020 in Child Custody

When you get a divorce and you have children, it can feel like the proceedings will never end. Even after all is said and done, and the divorce decree has been issued, the drama can still continue for years. As parents, you will never truly be separated from one another, and the two of you will always be connected by your children. Because of this, it is no surprise that co-parenting can be one of the biggest sources of stress for divorced couples after their marriage has ended. Most couples want to make co-parenting as beneficial to the children as possible, which is why more and more couples are using technological solutions to help manage child custody concerns. Below are some of the most useful and popular apps and websites that can help take some of the worries out of co-parenting.

Google Calendar

One of the most popular ways co-parents stay in touch is by using a shared Google Calendar. This is accessible through a website or an app, and it allows both parents to keep tabs on different events and shared commitments that involve the children. Parents can even use the calendar to keep track of other events that might require a change in schedule.

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 Posted on January 13, 2020 in Divorce

For many couples who are contemplating a split, the divorce process may seem overwhelming and rather complicated. While it is true that the divorce process can be a difficult one, it is not impossible. Getting help from a knowledgeable Illinois divorce lawyer is the easiest way to ensure you receive a fair settlement in your divorce. There are various stages of an Illinois divorce, many of which are multi-faceted and can become lengthy in certain situations. Even though the divorce process can seem daunting at first, a positive outcome is achievable, and divorce can ultimately benefit everyone in your family in the long run.

Filing a Petition for Divorce

The first step in getting a divorce is to file a petition for divorce at the courthouse in the county in which you reside. Filing a petition is simply a way of saying you are asking the court to allow you to dissolve your marriage. To file this type of legal document, you must have lived in Illinois for at least 90 days, and you must pay a filing fee. The state of Illinois only recognizes one “grounds” for divorce now -- irreconcilable differences. This means your marriage has broken down to the point of no return, and attempting to reconcile would not be in the best interests of the family. You can prove this by living apart from your spouse for at least six months prior to filing the petition for divorce.

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 Posted on January 08, 2020 in Divorce

Many people who are unhappily married with children worry about how a divorce will affect their kids. Some of them end up “staying together for the kids.” It would be naive of anyone to think that a divorce does not affect your children -- studies show that it clearly does. However, those effects are often short-term concerns that, with proper attention, will eventually dissipate. Staying together for the kids often has a more lasting effect on the children, and it can actually do much more harm than good in the long run. As more information becomes available about the impact divorce has on children, more parents are making the decision to split up for the sake of everyone. After the split, you will notice changes in your children as they try to make sense of the event. The following are three tips for parenting after your divorce that can help you manage this transition.

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 Posted on January 06, 2020 in Divorce

There are many things that you share with your spouse when you are married. For some people, one of the most stressful parts of divorce is figuring out what you and your spouse have to do to finalize the legal process and disentangle your finances. Before you start dividing up your assets and debts, you and your spouse must determine which of your assets are considered marital property and which assets will remain personal, non-marital property. In cases in which one spouse receives an inheritance during the marriage, the inheritance is usually considered to be non-marital property and resides with the spouse to whom it was given. However, this may not always be the case, so it is important to understand how these types of assets are handled in an Illinois divorce.

Marital and Non-Marital Property

In the state of Illinois, there is a distinction between marital and non-marital property. According to the Illinois Marriage and Dissolution of Marriage Act, anything that a couple acquires during the marriage is considered to be marital property, aside from a few exceptions. One of those exceptions includes “property acquired by gift, legacy, or descent,” and inheritances fall into this category. In these instances, inheritances are typically not included in the marital estate alongside other property that is subject to division. With that being said, there are still some situations in which inheritance might still be subject to division during a divorce.

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 Posted on December 27, 2019 in Gray Divorce

Divorce rates are often changing and vary depending on the source of your information. Although the general divorce rate is anywhere between 40 and 50 percent, one statistic that can be agreed upon is that the divorce rate for Americans over the age of 50 has doubled since the 1990s. Gray divorce, or divorce that takes place when someone is 50 or older, can be devastating for many people, particularly because gray divorces often end marriages that can be decades long. Spouses in these cases have special considerations that should not be forgotten when going through the divorce process, especially related to financial matters. If you are going through a divorce later in life, here are a few mistakes to avoid:

Not Understanding Your Finances

In any marriage, it is not uncommon for one spouse to have a better understanding of the couple’s finances than the other. While this type of arrangement might work during a marriage, it will certainly not work in a divorce. If you are the partner whose knowledge of the family’s finances is unclear, you need to get a better picture of what your finances actually look like. Review all of your bank accounts, investment portfolio, and any debts that you owe before you begin dividing your property.

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 Posted on December 24, 2019 in Finances & Divorce

As much as marriage is an emotional and cultural bond, it is also very much a legal and financial partnership. When you are married, as far as the state of Illinois is concerned, what is yours is also your spouse’s, and vice versa. Although keeping finances completely separate is not impossible during a marriage, it is somewhat rare. When you get a divorce, untangling your finances can be a huge headache for both you and your spouse. For some people, divorce can even be the beginning of financial downfall -- but it does not have to be. Below are a few tips you can follow to help yourself maintain a sense of financial stability during and after your Illinois divorce.

Create a Post-Divorce Budget and Manage Your Expenses

One of the first things you should do is create a rudimentary budget to use after your divorce. If you are still early in the divorce process, you may not know exactly what all of your expenses or income will be after your divorce, but you do know that you should expect some changes. Keep in mind that you will have to budget for one income only, and you will probably have to determine new living expenses. This is also a good time to look at your spending habits and see where you can cut back.

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 Posted on December 20, 2019 in Spousal Support

There many issues that can break up a marriage -- infidelity, lack of communication, a difference in values -- the list goes on. One of the most commonly cited topics of marital stress is money. The stress does not end once the marriage is over, though. The majority of married couples plan their lives around two incomes. When a couple gets divorced, suddenly both spouses now have to figure out how to balance their lifestyles with their newly single-income household. In some cases, one spouse simply does not earn enough to survive or enjoy nearly as comfortable a lifestyle as he or she did before the divorce. In certain situations, spousal maintenance may be awarded, which can help alleviate this financial burden.

Will I Be Awarded Spousal Maintenance?

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), there is no guarantee that spousal maintenance will be awarded in any divorce case. If you think that you deserve to receive spousal maintenance, you must file a petition with the court to have your case heard. It is up to the judge to decide whether or not a spousal maintenance award (commonly known as alimony) is appropriate for your case. Before the judge makes his or her final decision, he or she will consider all relevant factors in your case. These include, but are not limited to:

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 Posted on December 17, 2019 in Life After Divorce

The “standard” for American families has changed over the years. Even just 20 years ago, the “normal” U.S. family consisted of a mother, a father, and one or two children. Now, families come in all sizes and configurations. According to data from the Pew Research Center, an estimated 18 million U.S. children are living with a single parent. Being a parent can be difficult even when you have another partner, but being a single parent is especially challenging. Here are a few tips you can use to help ease yourself into single parenthood after a divorce:

Get Your Finances in Order

It is no secret that raising a child comes with a rather large price tag. Most married parents have two incomes at their disposal to help pay for some of the expenses associated with raising a child, but after a divorce, you may only have your own income to rely on. This is when child support is typically awarded to ensure that the parent with the greatest share of parenting time will be able to provide for children's daily needs. In some cases, spousal support may also be awarded. It can also help to create a budget for you and your child so you can plan what your monthly expenses will be and relieve some of the worries.

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