Posted on December 00,0000 in Children of divorce

When you are involved in a dispute over child custody or other concerns related to your children, it can be difficult to maintain objectivity, especially if the relationship between you and the other party is not ideal. Divorce situations are especially prone to acrimony and contentiousness, and unfortunately, the best interests of the child can be somewhat lost among the myriad of other considerations. A court-appointed attorney known as a guardian ad litem, however, can help refocus the proceedings on the child’s well-being, thanks to provisions contained in Illinois law.

What is a Guardian ad Litem?

Unlike other types of guardianship, such as those covered by the Illinois Probate Act, which provide far-reaching authority over another person’s interests for an indefinite period of time, the guardian ad litem, or GAL, is appointed for a specified proceeding. In fact, the Latin phrase “ad litem” translates to English as “for the suit.” While GALs may serve similar purposes in other areas of law, they are most commonly utilized in family law situations on behalf of a child’s interests. In Illinois, a GAL is required to be a licensed attorney, properly trained and qualified to serve in such a capacity.

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 Posted on December 00,0000 in Illinois family law attorney

Throughout the state of Illinois, many child support obligations end once the child has reached age 18 and has graduated high school.  In some cases, however, support obligations may continue after high school and into college, requiring one or both parents to contribute to the child’s post-secondary educational expenses. While the law permitting such support has been in force for a number of years, starting next January, an amendment clarifying certain provisions of the law will take effect.

Court Discretion

As the law currently stands, the courts is granted full authority over proceedings related to non-minor support. While certain statutory considerations are required, the court is granted full discretion over the appropriateness and amount of ordered support from each parent, as well as how such support is to be provided. Specifically, the court must consider:

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 Posted on December 00,0000 in Illinois family law attorney

Divorce can present a whole host of challenges for a couple who is unprepared for the process. Even those who have planned ahead may still experience a wide range of difficulties, as the proceedings can be stressful, confusing, and, at times, overwhelming. For many couples, negotiating an agreement regarding the allocation of marital property can be particularly tough. While a qualified family law attorney can help you reach an equitable arrangement, it is important to understand a number of considerations contained in the law regarding asset division.

Establishing the Marital Estate

A generation or two ago, the average age of individuals getting married was significantly lower. Young couples were more likely to build their entire lives together, thus the determination of marital property was pretty straightforward. Nearly everything the couple had acquired in their adult lives was subject to division in divorce. Today, couples are waiting longer to get married, and many more are entering second or third marriages, making it increasingly difficult to draw the line between marital and non-marital property.

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 Posted on December 00,0000 in DuPage County divorce lawyer

If you know a couple who recently went through the process of divorce in Illinois, chances are, they were probably required to wait at least six months before the divorce would be granted. Even if the parties fully agree upon every detail of the dissolution, existing law in the state mandates a separation period in a no-fault divorce. Beginning in 2016, however, that will no longer be the case, as a new law will allow couples to look ahead to their post-divorce life without having to simply watch the calendar and wait.

Two Years or Six Months

The Illinois Marriage and Dissolution of Marriage Act contains most of the state’s provisions regarding divorce. For the last several decades, it has allowed for divorce on the grounds of irreconcilable differences—often called no-fault divorce—in addition to more traditional reasons, including adultery, repeated mental or physical abuse, or long-term alcohol or drug issues. However, before a no-fault divorce can be issued, the couple must show that they have lived “separate and apart” for at least two years. The law permits a shorter period if both parties agree, but in no case can the separation be less than six months.

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 Posted on December 00,0000 in Illinois family law attorney

When you are preparing for a divorce, child custody proceeding, or any other matter of family law, the attorney you choose can absolutely affect the outcome of your case. You need a lawyer who is not only knowledgeable and well-versed in the law, but also shares your values and who can incorporate them in advocating on your behalf. To find the right attorney, you will need to consider a number of factors. Before making a final decision, interview several potential candidates and do not be afraid to ask lots of questions such as:

What is your experience?

Does the attorney practice primarily family law or is he or she a personal injury lawyer that sometimes handles divorce cases? The level of commitment you can expect is often evident in the answer to this question.

How many cases do you handle and how many go to trial?

Some attorneys thrive on litigation, while others see the courtroom as a battlefield of last resort. A high rate of litigated cases can mean one of two things: the attorney accepts a large number of clients who stubbornly refuse to negotiate; or the lawyer may struggle with finding mutually acceptable solutions.

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 Posted on December 00,0000 in Illinois family law attorney

After months of negotiation and a seemingly endless wait for the court, you finally have been granted your divorce. Your divorce decree most likely represents an opportunity to start fresh and to pursue a happy life, following a less than ideal marriage. In the days and weeks following your divorce, you will probably have a list of details to address such as possibly changing your name—if you changed it when you married—or opening new, individual accounts. One of the most important things you will need to do—and one that is frequently overlooked—is to change your beneficiaries on existing investment plans, life insurance policies, and estate planning documents like wills and trusts.

Binding Contracts

When you created your retirement account or purchased your life insurance policy, you were probably asked to designate beneficiaries. For a retirement plan, your plan administrator keeps beneficiary information on file will disburse your investments to those individuals in the event of your death.  Similarly, the whole purpose of your life insurance policy is to pay benefits to your designated beneficiaries when you die. These agreements are binding contracts which are not necessarily broken by the existence of a divorce decree.

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 Posted on December 00,0000 in Aurora Family Law Attorney

As the age at which Americans enter their first marriages continues to rise, each partner is likely to bring more personal history and property to the marriage than those of previous generations. Individuals spend more time as single adults than ever before, often starting careers, buying homes, and investing in various business interests. For many entering marriage for the first time, a prenuptial agreement may be appropriate to help establish what belongs to whom in the event the marriage does not succeed. For those entering a subsequent marriage, however, a prenuptial agreement may be virtually necessary to account for even more complex personal situations.

Second and Third Marriages

If you are considering remarriage, one of two things have already happened: you have been widowed by the death of a spouse or you have been through the process of divorce. Therefore, you probably have a pretty good understanding of many of the complexities that can present themselves. A prenuptial agreement, as you probably realize, can help remove a great deal of uncertainty through cooperation while the spirit of togetherness is alive and well between you and your soon-to-be spouse. Drafting a prenuptial agreement is not betting against your marriage any more than a life insurance policy equals betting against your life. At some point, your marriage will end, either by divorce or death, and a prenuptial can address both realities.

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 Posted on December 00,0000 in Illinois family law attorney

As part of the family law reform bill passed in Illinois earlier this summer, the concept of “legal child custody” is being replaced by the allocation of parenting responsibilities regarding the child. The goal of the change is shift the focus of separated or divorcing parents away from “winning” or “losing” custody and toward a spirit of cooperation in raising their child.

What is a Parenting Plan?

Beginning January 1, parents who are party to case involving the allocation of parenting responsibilities are statutorily expected to attempt to develop a written parenting plan. In recognition that negotiation is nearly always better than courtroom litigation, the parents are encouraged to reach an agreement that is acceptable to both parties and in the child’s best interest. As defined in the law, a parenting plan outlines each parent’s significant decision-making responsibilities, parenting time/schedules, or both. To be accepted by the court, a proposed plan must include:

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 Posted on December 00,0000 in Child Support

When you are subject to a court order regarding child support, it is obviously very important to meet your required obligations. Your child deserves, at the very least, financial support from both parents, and your payments are intended to help provide him or her with basic necessities including a home, food, and clothing. As time goes on, however, the life situations change. Some changes may be dramatic, such as the loss of a job or serious illness, while others are more gradual, including a rising cost of living and the child’s evolving needs. For this reason, the law in Illinois permits the modification of child support orders to adapt to changing situations.

Significant Change in Circumstances

The most obvious basis for a child support order modification is a drastic change in the life of either parent or the child. A sudden loss of income can make it extremely difficult for you to continue making your required payments. Similarly, if your child is diagnosed with a serious medical condition, his or her financial needs may change significantly in a very short period of time. In such cases, either parent may petition the court for an order modification, while showing the significant change in circumstances and the need for reconsideration.

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 Posted on December 00,0000 in DuPage County divorce lawyer

Nobody gets married with the intention of getting divorced. If you are like most couples, you probably walked down the aisle with hopes and dreams of a long, happy life together, regardless of the challenges life threw at you. Unfortunately, for a great many couples, their “happily ever after” was not meant to be—at least not together. It is possible, however, for you to reclaim your life after divorce, finding levels of happiness you may have never thought possible, especially during the toughest parts of your marriage.

Freedom to Be Yourself

When you got married, you may have sacrificed some of your personal identity. Becoming fully invested in the marital relationship is not necessarily a bad thing, but when the marriage sours, it can feel like you have lost a part of yourself in the process. After you divorce, it is important to take time to figure out who you are, who you want to be, and how to get there. Grant yourself the freedom to explore new ideas and hobbies that catch your interest. You no longer need to worry about what your spouse might think. Work toward regaining your sense of self and you will quickly become accustomed to your post-divorce lifestyle.

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