Posted on December 00,0000 in Illinois family law attorney

Every year, thousands of couples in Illinois decide to end their marriages. For many of these couples, dividing assets and debts can be extremely complicated and often becomes contentious. If you find yourself in a deteriorating marriage and divorce seems to be on the horizon, you may want to consider paying off some of your marital debt prior to beginning the divorce process.

Marital Debt

Like marital assets, any debt incurred by either spouse during the course of a marriage is generally considered to be marital debt. As such, marital debt must be considered during the division of property proceedings in divorce. Based on factors prescribed in Illinois law, marital assets and debt are to be equitably distributed between the divorcing parties. For couples with few assets and limited debt, the process is often relatively simple. Those with more property and complicated debt, however, may face increased difficulty.

Continue Reading ››

 Posted on December 00,0000 in DuPage County divorce lawyer

When most couples decide to pursue a divorce, they do so in the hopes that the process will be completed as quickly as possible. The partners are ready to be done with the marriage and move forward into the next stage of their lives. While they may recognize that certain aspects of the proceedings will take time, many often underestimate how long the process will last and may be unprepared for a drawn-out undertaking.

The length of the divorce process is entirely dependent on the circumstantial factors involved. A couple may have relatively few issues to work through, or they may have a large marital estate, children, and myriad other considerations to be made. Regardless of the number of concerns facing the parties, their ability to work together will generally have biggest impact on how long the divorce will take.

Uncontested Divorce

The most efficient type of marital dissolution is an uncontested divorce. Parties to an uncontested divorce have generally made all of the necessary arrangements for finances, child issues, and spousal support, prior to filing. Thus, there is little for the court to do but review the divorce agreement to ensure it is legally sound and conscionable. An uncontested divorce can be completed in less than 30 days, in some cases, but, depending on the schedule of the court, may take longer.

Continue Reading ››

 Posted on December 00,0000 in Illinois family law attorney

Responsible parents are always looking for ways to better their children’s lives. For some, this may mean working two jobs to provide extra income or returning to school. For others, it may mean moving into a bigger house or a better neighborhood. Sometimes, such efforts will lead a parent to consider moving to another state. While an out-of-state move may be a fairly easy decision in many cases, a parent who is subject to a child custody agreement may face additional challenges.

Petitioning for an Out-of-State Move

Before removing the child from Illinois on a permanent basis, a custodial parent must obtain the consent of the non-custodial parent. The other parent’s consent may have been included in the original custody or parenting agreement. If the other parent agrees to the move, the process is relatively simple, but the court must still be included. A court order acknowledging the desire to move and the granted consent of the other parent can help prevent future problem.

Continue Reading ››

 Posted on December 00,0000 in Illinois family law attorney

Has the court ordered your children’s other parent to pay child support, but you are not receiving it? There are ways for you to rectify the situation and have the non-paying parent pay delinquent child support payments. No child should be negatively affected due to refusal to pay child support. Child support lawyers can assist you through the legal process of petitioning to have the non-paying parent pay child support through wage garnishment or other legal means.

Repercussion of Not Paying

Failure to comply with an order for providing child support is a serious matter. It can lead to serious consequences ranging from wage garnishment up to jail time. Illinois’ Non-Support Punishment Act outlines how you can petition to receive child support from the non-paying parent.

Continue Reading ››

 Posted on December 00,0000 in Illinois family law attorney

It finally happened. After months of battling with yourself over making the decision, you have, at last, filed a petition for divorce. You are an intelligent person, so you knew that divorce was going to incur expenses, and a few may even be substantial, but you understood there was little you could do to avoid some costs. In fact, you even took the precautionary step of retaining a divorce attorney, an investment you believe to be well worth the expense. Now, the divorce proceeding are officially underway and how you handle the next few months can have a significant impact on your personal ledger sheet.

For a very large number of couples, the financial considerations of divorce represent a very reasonable concern. Many couples live essentially paycheck to paycheck and may be overwhelmed at the thought of adding additional financial obligations, despite their desire to end the marriage. While it is certainly true that every divorce situation will incur some level of expense, there are a number of common situations that can result in unnecessary increases in the cost of divorce.

Continue Reading ››

 Posted on December 00,0000 in Child Support

If you are currently working through a divorce or plan to file for divorce in the near future, do not rush into a new relationship. Being in a new relationship while your divorce is still being finalized can have a negative impact on your settlement and resulting arrangements, such as your child support and custody agreements. It is important that you understand how dating somebody new can affect your divorce and, if you do opt to begin seeing somebody before the process is complete, that you take it slowly and do not do anything to jeopardize your divorce agreement.

Child Custody

If a new partner moves into your home or you frequently have sexual or romantic partners coming in and out of your house, this can negatively affect your child custody agreement. The court may find that exposure to your new partner is not in your child's best interest, especially if your new partner's relationship with your child is poor, your partner uses drugs, or has a criminal record.

Continue Reading ››

 Posted on December 00,0000 in Annulment

The difference between annulment and divorce can seem minor, but it deals with a key component of a couple's relationship: its validity. When a couple divorces, their legal marriage is over. When a couple obtains an annulment, their legal marriage never officially happened.

To be considered invalid and thus eligible for an annulment, a couple's marriage must be found to violate the requirements for marriage outlined in the Illinois Marriage and Dissolution of Marriage Act.

The Annulment Process

If your marriage is determined to be invalid, you may end it through the annulment process. This process varies from the divorce process in a few ways. Because you were never legally married, the court may divide your property as if you were merely a cohabiting couple. This means that you will retain any property that you held prior to the marriage. The court is also unlikely to award spousal maintenance for couples working through an annulment.

Continue Reading ››

 Posted on December 00,0000 in DuPage County divorce lawyer

When a couple with children divorces, developing a custody arrangement for the children is generally a part of their divorce process. The court does its best to ensure that following a divorce, the children have regular contact with both parents and can develop nurturing relationships with each of them.

Before a couple's divorce is complete, however, their children may be in a precarious position. One parent might move out of the family home or be facing an order of protection from the other. In any case, the children need to have a legal order in place to ensure that they have a stable home and schedule while their parents work through their divorce. This is where a temporary custody order can help. This type of custody order, as its name implies, is meant as an interim measure to serve the needs of the children. Once the couple determines a permanent custody arrangement and their divorce is finalized, the temporary order is replaced with a long-term custody plan.

Continue Reading ››

 Posted on December 00,0000 in Illinois family law attorney

Not every divorce is decided in the courtroom. Some couples instead choose to complete their divorces privately, either through mediation or a collaborative law divorce. Each of these options are a type of alternative dispute resolution and each has its own benefits and drawbacks for divorcing couples.

In a collaborative law divorce, a couple maintains the highest amount of control over the proceedings. The couple and their attorneys work together to draft a fair divorce settlement that meets all involved parties' needs. This type of divorce is best suited to couples with amicable relationships who are not divorcing because of adultery, domestic violence, or other volatile grounds.

Talk to your attorney about the possibility of divorcing through collaboration. He or she can give you legal advice tailored to your unique situation to help you decide the best course of action for your divorce. Remember, although collaborative divorce can be a great option, it is not always the best option. Speak to your attorney about reasons why collaborative divorce might or might not be right for you.

Continue Reading ››

 Posted on December 00,0000 in Illinois family law attorney

In Illinois, an unmarried father must verify or prove his paternity to become his child's legal father. Legal paternity entitles a man to seek custody of and visitation with his child. Among other rights, it also entitles the father to add his name to the child's birth certificate. Establishment of paternity additionally allows a mother to seek child support from her child's father. All of these rights are guaranteed in the Illinois Parentage Act of 1984.

Until a man officially establishes his paternity, he is considered to be his child's “alleged father.” Married couples do not need to establish their child's paternity – when a child is born to married parents, it is assumed that the mother's husband is her child's father. This is also true if the mother was married at the time of conception, but divorced before her child was born.

Continue Reading ››