Posted on November 18,2019 in Uncategorized

The legal concept of “dissipation” refers to wasteful spending that takes place near the end of a couple’s marriage. When Illinois couples divorce, their marital estate is divided according to equitable distribution. When one spouse’s wasteful or reckless spending decreases the value of the marital estate prior to divorce, a dissipation claim can help the other spouse regain the value of the lost or wasted property. Many types of irresponsible spending can be considered dissipative, including a spouse who spends money on an addiction or substance abuse problem. Read on to learn about when a spouse’s addiction can contribute to dissipation and what to do if you wish to file a dissipation claim.

Defining Dissipation in Illinois Law

Illinois statutes and case law define dissipation as the use of marital assets “for the sole benefit of one of the spouses for a purpose unrelated to the marriage” when the marriage is nearing divorce. Put another way, dissipative spending occurs when a spouse who is getting divorced uses marital funds or property in a way that only benefits him or her. The reckless spending must take place when the marriage is undergoing an “irretrievable breakdown” in order to meet the legal definition of dissipation. Generally, a marriage is considered to be undergoing a breakdown when the couple is no longer attempting to work out their issues or salvage the marriage.

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 Posted on November 18,2019 in Divorce

Making the decision to end a relationship is never easy. Coming to the conclusion that a divorce is the only option typically takes months, if not years, and the possible end of your marriage can be a very stressful time of your life. It has often been said that marriages do not just break -- they deteriorate over time. If you are unhappy in your marriage, you may be wondering if it is time to call it quits, but it can be difficult to be certain that it is the right choice. Often, there are red flags throughout the marriage that you should be aware of that may indicate your marriage is not working. While there is no magic answer as to whether you should get a divorce or not, below are some warning signs that could indicate that it may be best to end your marriage.

One (or Neither) of You is Putting in the Effort

Successful marriages do not just happen. For you and your spouse to be happy in a relationship together, you have to want it. You have to get up every day and work for the marriage that you want and need. When one or both partners get to the point where they do not want to work on the marriage anymore, it could be a sign that the marriage is beyond saving.

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 Posted on January 11,2013 in DuPage County divorce lawyer

Despite a U.S. Supreme Court ruling in the custody case involving a 4-year-old Native American girl referred to as “Baby Veronica”, motions and more motions continue to be filed in state supreme courts, county courts and tribal courts.

In 2008, Christy Maldonado was briefly engaged to Dusten Brown. Brown is a member of the Cherokee nation and lives in Oklahoma. Shortly after Maldonado became pregnant, the two ended the relationship. In May 2009, a few months before Baby Veronica was born, Maldonado sent Brown a text asking if he would rather pay child support or relinquish his parental rights. He responded, via text, that he relinquished his rights.

With the help of a private adoption agency, Maldonado agreed to let a South Carolina couple adopt the baby. Matt and Melanie Capobianco were also present at the baby’s birth. When she was four months old, the Capobiancos served Brown with a notice of the pending adoption.

Brown said he only relinquished his rights to Maldonado and did not agree to give Baby Veronica up for adoption. With the help of lawyers from the Cherokee Nation, a South Carolina Family Court awarded custody to Brown. Baby Veronica was 27 months old when she went to live with her father.

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 Posted on December 00,0000 in Parenting Time

One of the biggest stressors that many divorcing couples have during -- and after -- their divorce is the children. Many parents worry that a divorce will put too much of a strain on their children, while other parents worry about having enough time with their children. While it is true that a divorce can be difficult for the entire family, children can be more flexible and adaptable than adults. It is generally understood that children do best after a divorce when both of their parents are present and active in their lives. While this is true, many divorced families find that they do not come out of the divorce with the parenting plan they wanted. A new bill, called the “Equal Parenting Time” bill was introduced in Illinois recently, which aims to make it so that more parents have equal parenting time with their children after an Illinois divorce. Current Parenting Time Guidelines

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 Posted on December 00,0000 in Child Support

When you get a divorce and you have children, chances are there will be some sort of child support involved. In Illinois, child support ends when the child turns 18 or until the child graduates from high school -- whichever comes later. Even though your child has graduated from high school, that does not mean that your support for the child has ended. If your child decides to pursue some type of post-secondary education, you are responsible for contributing to their education. This type of support is considered to be “non-minor support” and lasts until the child turns 23. It is best if you and your spouse come to an agreement as to how college expenses will be handled, but a judge can allocate college expenses if need be.

Covered Expenses

The main thing most people think about when discussing college expenses is tuition. While that is typically the most expensive expense, it is not the only expense that is covered under the Illinois Marriage and Dissolution of Marriage Act. Other expenses that you may be responsible for include:

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 Posted on December 00,0000 in Child Support

A common outcome of divorce when you have children and you are their primary caregiver is child support. Many families depend on these support payments each month from the other parent to ensure that the children are fed, clothed and have everything that they need. Once a child support order is entered, it cannot be modified or reviewed for at least three years -- unless there is a significant and substantial change in circumstances. A significant change in the family’s circumstances is actually the most common reason why a child support modification may be granted, although they can also be modified if the child support orders do not address healthcare for the child or if the child support orders deviate from the support guidelines.

What Constitutes a Significant Change in Circumstances?

The Illinois Marriage and Dissolution of Marriage Act has guidelines for almost any issue that may arise during an Illinois divorce. In the section about child support, the Act defines what the courts would consider to be a significant change in circumstances. In Illinois child support modification cases, a significant change in circumstances can include:

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 Posted on December 00,0000 in Child Custody

When you are going through a divorce, it can pretty much turn your life upside down. Though you may experience some stress and anger, there are ways that you can combat that stress and deal with your anger in a healthy way. Unfortunately, this is not what happens in all divorces. In some cases, one parent may have so much hate for the other parent that it overcomes the love that they have for their children. This is when parental alienation usually appears and it can be detrimental to your child’s wellbeing.

What Is Parental Alienation?

Parental alienation occurs when one parent tries to turn the children against the other parent. Most of the time, this happens when one parent is so angry at the other parent that they use deprecating comments, false allegations, and bribery to try to get the child to turn against the parent. Both the mother and the father are equally as likely to be the alienated and alienating parent. Typically, parental alienation occurs in families in which one or both parents have a personality disorder, but parental alienation can happen in any family.

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 Posted on December 00,0000 in Divorce

You would not think so, but some divorces are amicable and calm, mostly because the divorce was not contested and both spouses were in agreement about issues pertaining to the divorce. Though that is the perfect idea of a divorce, we do not live in a perfect world and more often than not, there is some sort of fighting and disagreement during the divorce process. In severe cases, the divorcing couple cannot stand to be in the same room as each other, making for a very high-conflict divorce. If you are experiencing a high-conflict divorce, here are a few tips you can use to help you cope.

Create Boundaries

The first step in dealing with a high-conflict spouse and a high-conflict divorce is setting boundaries for the new relationship you will have. Whether these boundaries are with your co-parenting relationship, the communication between the two of you or any other issue, boundaries are essential. Create them and stick to them.

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 Posted on December 00,0000 in Parenting Time

When you have children and you are getting a divorce, there are many things you must worry about. Before you can finalize your Illinois divorce, you and your spouse must come to an agreement on a parenting plan, you must determine who gets child support and how much that support will be and you also have to figure out how the children will spend time between you and your spouse. Most of the time, parents will have similar parenting time schedules, as long as there are no extenuating circumstances that would require the children to spend more time with one parent. Parenting time exchanges can be stressful for both you and your children, but they can be easier with a little effort. Here are a few ways you can help your parenting time exchanges go by a little smoother. Make a Visible Schedule for Your Children Sometimes, it can be difficult for children to adjust to changes, especially when they are happening in their family. Making a visible schedule for your children to look at can help ease some of the stress and anxiety that your children may be feeling. Communicate with Your Ex-Spouse You should make sure you keep an open line of communication with your ex-spouse when you have children. Though you and your spouse’s romantic relationship is over, you will always have a connection to each other through your children. In order to avoid any uncertainties or confusion, keep in contact with your child’s other parent. Meet in a Neutral Place If you and your spouse have had a hostile relationship, it could be beneficial for everyone involved to meet in a public place to exchange the children. Meeting on neutral territory can help deter any arguments or altercations that may take place. Try to Be on Time It happens -- sometimes you are just late, no matter how hard you try to be on time. As soon as you realize that you are running behind schedule, let the other parent know so they do not think you are just being inconsiderate of their time. Hire a Skilled DuPage County Parenting Time Lawyer

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 Posted on December 00,0000 in Child Custody

According to the National Alliance on Mental Illness (NAMI), there are around 44 million people who experience a mental illness in any given year and around 10 million adults live with a chronic mental illness. Mental illness can include a vast variety of diseases, including bipolar disorder, schizophrenia, eating disorders and post-traumatic stress disorder, though the most common mental illnesses in the United States are depression and anxiety disorders. Going through a divorce can affect those with a mental illness more than the average person, emotionally and mentally. While it is not a major and definite factor in deciding parenting time and responsibilities in Illinois, it can play a factor.

Making Decisions Involving Children in a Divorce

According to the Illinois Marriage and Dissolution of Marriage Act, when a judge is making decisions involving children in a divorce, he or she must make those decisions in consideration of the child’s best interests. Many factors are taken into consideration when determining the child’s best interests and some of these factors include:

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