Posted on May 06, 2024 in Legal Separation

Legal separation in Illinois is similar to divorce in some ways, but it does not end the marriage. Couples who choose to get legally separated rather than divorced may do so because:

• They want to give divorce a trial run.

• They hope to reconcile.

• They want to remain married for religious reasons.

• They want to retain certain benefits.

Choosing to become legally separated has certain consequences. An Illinois family lawyer can help you decide whether a legal separation or divorce might be best for you and your spouse.

What is Legal Separation?

Legal separation is an option th, at Illinois law gives married couples who do not want to live together but also do not want to end the marriage. Like with divorce, a couple who gets legally separated must address certain issues such as:

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 Posted on May 03, 2024 in Child Support

When a court decides that child support payments are necessary, the judge will issue a child support order. This order is usually served to the non-custodial parent (NCP), who is the parent that does not have the majority of physical custody. The child support order contains details such as:

• The amount of each payment

• How often payments must be made

• A termination date for the child support payments, if applicable

Sometimes an NCP does not make child support payments or stops making payments before the termination date. In either case, the custodial parent can ask the Illinois Department of Health and Family Services, Division of Child Support Services (DCSS) to enforce the order.

This article will discuss how child support orders are enforced in Illinois, but it is best to consult an Illinois attorney regarding any questions about child support enforcement.

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 Posted on April 30, 2024 in Collaborative Law

Some divorces are civil and involve compromises between the two parties. But in a high-conflict divorce, civility levels are low and the parties strongly disagree on issues. Sometimes, couples going through a high-conflict divorce skip mediation because they are not willing to even sit down to negotiate on such issues as:

• Child custody and parenting time

• How to divide assets

• Spousal support

Like mediation, collaborative law is also a form of alternative dispute resolution, which is to say that it is a way to resolve a divorce outside of court. There are differences between mediation and collaborative law, however. One major difference is that your attorney will take a much stronger lead in collaborative law.

This article will discuss what collaborative law is and whether it is a good idea to use collaborative law in a high-conflict divorce.

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 Posted on April 24, 2024 in Child Custody

Two parents who get divorced in Illinois are required by law to create a parenting plan. A parenting plan is a legally binding document that outlines the responsibilities of each parent toward the child. It is signed by both parents and must be submitted to the court.

Many elements go into a parenting plan, and parents may not agree with each other on all of them. Because of this, it is recommended to have an experienced family lawyer assist you in creating a parenting plan.

This article will discuss what a parenting plan must include and what happens if you fail to create one.

What Does a Parenting Plan Include?

Under Illinois law, a parenting plan must include at least the following:

• How decision-making responsibilities will be divided among the parents

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 Posted on April 22, 2024 in Child Support

Parents who get divorced are required by law to continue providing for their children’s needs. These child expenses include not only child support but also “non-minor support.” Non-minor support is financial support, such as assistance with college expenses, that parents must provide even after the child turns 18.

In cases where one parent is significantly more well-off than the other, that parent will often be the one to pay all or most of the child’s expenses. When it comes to educational expenses, Illinois law is specific about what these expenses include and when they end.

This article will discuss educational expenses and when a parent can stop making payments. As always, it is important to discuss any questions you have about child expenses with an experienced family lawyer.

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 Posted on April 16, 2024 in Children of divorce

There is a common saying that children lose the most in a divorce. Research has found that regardless of how quickly parents adjust to the divorce and move on, children sometimes do not. Instead, the impacts of the divorce can stretch well into a child’s adult years.

When choosing a divorce attorney, seek one who is compassionate and understands the effect of divorce on children. He or she can advise you on how to best protect your child.

While there are several ways divorce affects children, this article will discuss three main impacts divorce can have on a child.

The Child May Act Out

Children whose parents divorce experience a broad range of negative emotions, such as sadness, confusion, and anger. This can cause them to lash out and engage in risky behaviors. Research shows that children of divorced parents are more likely to:

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 Posted on April 08, 2024 in Uncontested Divorce

When someone files for divorce, it immediately triggers a legal process that requires both parties to agree on many things. One of those things is the divorce itself. If one spouse does not agree to the divorce, or to any other factors in the divorce like child custody or alimony, it becomes what is called a “contested divorce.” This often becomes a difficult and messy process that requires the help of a skilled family lawyer. Having a prenuptial agreement, however, can resolve many of the issues that couples often confront during divorce.

What Happens in a Contested Divorce?

Litigating a divorce case, or fighting it out in trial, is a last resort that courts do everything they can to avoid. If a couple cannot agree on certain issues, the judge presiding over the case will usually order the couple to attend mediation. In mediation, a neutral party appointed by the court called a mediator will try to get both sides to resolve their differences. The mediator will speak to both sides together and to each side separately to try to achieve a resolution.

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 Posted on April 03, 2024 in Spousal Support

Getting a divorce can be a painful and drawn-out process which does not necessarily end when the marriage does. Couples who want to get divorced should hire an experienced lawyer to help walk them through the legal ramifications of dissolving a marriage. These ramifications can include dividing marital assets, child custody, and spousal support, otherwise known as alimony.

This article will discuss what alimony is, who is entitled to it, and how it is calculated.

What is Alimony?

Alimony is financial support given by one party to another following a divorce. While not every divorce involves alimony payments, many do, especially if one party is not financially independent.

If a court grants a spousal maintenance order to one of the parties, it means he or she must pay alimony to the other. The order will specify the amount of each alimony payment and the duration of the term in which payments must be made.

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 Posted on March 28, 2024 in Child Support

When life circumstances change, adjustments to child support payments may become necessary. Specific legal provisions govern the process of modifying child support orders. An Illinois lawyer can help you with these adjustments, ensuring that both parents and children receive fair treatment.

Understanding the Grounds for Modification

In Illinois, child support orders can be modified under certain circumstances. The primary grounds for modification include:

• A significant change in either parent’s income, employment status, or financial situation can justify a modification.
• Changes in the child’s needs, such as medical expenses or educational costs, may also warrant an adjustment.
• If the amount of parenting time spent with each parent changes substantially, child support may need to be recalculated.
• Child support obligations may be modified when a child becomes emancipated (reaches adulthood) or develops a disability that requires ongoing financial support.

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 Posted on March 22, 2024 in Divorce

Going through a divorce while running a business can be an overwhelming experience. It is important to understand the legal implications and take proactive measures to protect your business interests. An Illinois lawyer can provide valuable insights and legal tips to help you through this challenging period.

Understand Your Business Structure

The legal structure of your business plays a crucial role in determining your rights and obligations during a divorce. If your business is a sole proprietorship or a single-member LLC, it may be considered part of your marital estate, subject to division. However, if you have a partnership or a corporation with other shareholders, the business may be considered separate property, depending on the circumstances.

Valuation and Division of Business Assets

One of the most significant concerns in managing a business during divorce is the valuation and division of business assets. Under Illinois law, marital assets, including business interests, are subject to equitable distribution during a divorce. This means that assets will be divided fairly and justly, considering various factors such as each spouse's contributions, earning potential, and future needs. However, it is important to note that equitable distribution does not necessarily imply an equal split; the division may be disproportionate based on the case's specific circumstances.

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