Posted on December 00,0000 in Child Custody

With Thanksgiving about a week away, and the winter holidays just around the corner, it is time to begin making plans. In most families, such plans may include which family member is bringing what dessert, and who is hosting dinner this year. For divorced or unmarried parents subject to a custody or parenting time agreement, however, the preparation process often includes some additional elements. If your child splits his or her time between your home and that of the other parent, the holiday season probably requires a level of cooperation, but with reasonable communication, the experience can be positive for all involved.

Check Your Agreement

Your parenting agreement may already include provisions regarding the holidays. Parenting time orders are often customized based on the traditions and priorities of each family, and there are variety of ways to make such a schedule. For example, your order may indicate that this year, your child spends Thanksgiving with you and Christmas with the other parent, and then next year, the opposite occurs. Alternatively, it may specify that your child spends the morning with you on designated holidays and the afternoon with other parent. If a particular holiday is not traditionally observed by one parent or the other, the agreement may permit the child to stay with parent who does celebrate it for the entire day.

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 Posted on December 00,0000 in Divorce

While marriage and divorce are very personal decisions, social trends regarding the two are often tied to a large number of other factors. While an individual couple may be taking into account their own circumstances, the economic strength of the country as a whole may play a fairly significant role as well. In fact, according to recent studies, since the 2008 recession in the United States, the overall divorce rate has dropped by about 3 percent.

Marriage Rates Slightly Up Too

Reports from the Centers for Disease Control and Prevention (CDC) indicate that the divorce rate fell again slightly in 2014 from 3.3 divorces per 1,000 total population in 2013 to 3.2 per 1,000. While the divorce rate spiked slightly between 2009 and 2011, it has since been steadily falling from its 2008 rate of 3.5 per 1,000 people.

For the first time in 15 years, however, 2014 saw a rise in the marriage rate as well, bumping up from 2013’s 6.8 marriages per 1,000 people to 6.9. The increase, while not particularly large, represents a reversing of a long-term downward trend.

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 Posted on December 00,0000 in Visitation

As you may be already aware, beginning in 2016, the excessive use and abuse of drugs and alcohol will no longer be separately recognized as grounds for divorce. The dissolution process itself must be based on irreconcilable differences, essentially making every divorce officially a no-fault situation. However, even without making drug abuse the basis for the divorce, a large number of couples, and parents, in particular, are affected by the destructive, chemical-related behavior of one party. It is important to understand that drug abuse can and will continue to impact, arrangements regarding parental responsibilities and parenting time.

Allocation of Parental Responsibilities

Following a divorce or the break-up of unmarried parents, you and the other parent will be expected to reach a workable agreement regarding the parental responsibilities for your child. Before it will be approved, however, the court must examine the terms of the agreement and determine that they are reflective of the child’s overall best interests. If the agreement is not approved, or if you and the other parent cannot develop one together, the court will decide how parental responsibilities will be decided. In doing so, the court must take into account the various factors at work in the relationship and establish an arrangement that will meet the child’s needs.

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 Posted on December 00,0000 in Spousal Maintenance

A common question among those preparing for divorce involves the possibility of spousal maintenance. Previously known as alimony, spousal maintenance is intended to help alleviate the financial impact of a divorce to one spouse or the other. It is important to understand, however, that there is no presumed right to receive spousal support after a divorce. Instead, except for a valid agreement between the spouses, it is up to the court to determine if support is appropriate.

Statutory Considerations

To say that spousal maintenance is only appropriate for an economically disadvantaged spouse is an oversimplification. In reality, there are a number of factors the court must take into account when deciding whether or not to order an award, including, but not limited to:

• The age, health, and earning capacity of each spouse;
• Each spouse’s contribution to the marriage and the earning capacity of the other spouse;

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 Posted on December 00,0000 in Dissipation

Despite the inherent difficulties, most couples headed for a divorce are able to maintain a reasonable level of civility and personal responsibility. In some cases, on the other hand, the divorcing parties may be prone to making decisions that can negatively impact the proceedings. From a financial perspective, this may include wasting or dissipating marital or personal assets, either out of spite or due to an attitude of apathy regarding the situation. Sadly, however, the emotional nature of divorce may also lead to accusations that are unfounded, so if your spouse has filed a groundless claim for dissipation, you will need to know how to protect yourself.

What is Dissipation?

Dissipation, according to the law, is the wasting or inappropriate spending of an asset during of subsequent to the irretrievable breakdown of a marriage. The problem with dissipating assets is that doing so can directly impact many of the financial considerations of the divorce process. Spousal maintenance, property distribution, and child support are all dependent upon the assets, resources, and income of the interested parties. Wasted assets are, if not addressed and repaid, may not be taken into account as required, potentially skewing the outcome.

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 Posted on December 00,0000 in Chicago divorce attorney

One of the parts of the divorce process that many people find the most distasteful is the discovery process. However, if you and your lawyer fail to do thorough job of discovery it can harm your current case and even affect your options for years to come.

What is Discovery?

Discovery is the process of finding out about the other side's case. In a divorce case this usually mostly involves understanding the finances. The basic tools of discovery include:

• Depositions- This is when you testify under oath to the questions asked of you by the other side’s lawyer before a formal hearing or trial.
• Document Requests- These are written requests for all relevant papers and records to the divorce. They will include things like account statements, bank balances, and lists of all assets.
• Interrogatories- These are written questions that are answered under oath. They may sometimes be used instead of a deposition or prior to a deposition.

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 Posted on December 00,0000 in Divorce

You probably know at least one person, if not many people, who emerged from a divorce and jumped almost directly into a new romantic relationship, often before the ink even dried on their paperwork. Depending on the situation of your marriage and divorce, you may find the idea of new romantic partner extremely appealing. However, you may want to take a step back and consider if you are truly ready for a new commitment so soon.

Divorce and Grief

Mental health experts regularly suggest that the psychological and emotional effects of a divorce are very similar to those associated with the death of loved one. As with death, grieving the end of your marriage is a process and not an event that is over after a specified amount of time. Every person grieves differently, and there is not right or wrong way to move through it. This means that while some people may be ready to date again right way, others may not be emotionally prepared for months or even years.

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 Posted on December 00,0000 in Division of Property

There is no question that we Americans love our pets. According to the ASPCA, as many as 80 million dogs and 96 million cats are owned throughout the country, with many households owning more than one. With so many pet-owners, it is inevitable that many dogs and cats will be caught in the middle of a divorce situation, leaving spouses to wonder what will happen to their furry friends.

Illinois Law Regarding Pets

While the Illinois Marriage and Dissolution of Marriage Acts contains specific provisions for the division of marital property and the care of a couple’s children, the law makes no reference at all to companion animals. While dogs and cats may be treated as full-fledged members of the family, the law officially considers them property, with no more rights than an end table or a piece of artwork. This means that, when left to the court to decide, the court must allocate responsibility for the pet based upon a calculated monetary value and the rest of the marital estate.

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 Posted on December 00,0000 in No Fault Divorce

In less than two weeks, a new era of family law is set to begin in Illinois. For the first time in nearly four decades, state’s statutes regarding divorce and other family-related concerns is being completely revamped. After receiving bipartisan support in the Illinois House and Senate this past spring, the reform was signed by the governor in July and is set to become effective on January 1, 2016. The measure takes aim at a large number of provisions in the law, including child custody, out-of-area relocation, and more, but one of the biggest changes affects the way that divorce is handled in the state.

Grounds for Divorce

Currently, there are about a dozen grounds for divorce that are based on the behavior of a spouse. These include what you might expect: adultery, abandonment, mental or physical cruelty, habitual drunkenness, severe substance abuse, and the conviction of a serious felony or other infamous crime. A divorce on one of these grounds is said to a “fault” divorce, casting the blame, in a legal sense, on the spouse whose actions led to the breakdown of the marriage.

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 Posted on December 00,0000 in Visitation

For many years in Illinois, the parental right to reasonable visitation has been fiercely protected by law. While a court could restrict or limit visitation to protect the child, it would take an extremely serious set of circumstances to completely terminate such rights of a parent. Thanks to a measure passed in Illinois this past year, parents will no longer be considered to have so-called “visitation” with their children. Instead the term to be used will be “parenting time,” more accurately representing the inherent responsibilities.

Changes in Child Custody Laws

The shift from visitation to parenting time is part of an overall larger transformation of the state’s child custody provisions. Concepts of sole and joint custody are being eliminated in favor of a much more cooperative idea of allocated parenting responsibilities. Child custody, as it currently exists, was often a major point of contention for divorcing, separated, or unmarried parents, as many seemed fixated on “winning” or “losing” a custody battle. By focusing on actual parenting responsibilities rather than titles or statuses like custodial and non-custodial parent, the well-being of the child is more likely to remain the top priority.

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