Posted on December 00,0000 in Division of Property

Workers’ compensation benefits are paid to employees who get hurt on the job. These benefits are for the benefit of both the worker and his or her family. But, what happens to workers’ compensation benefits during a divorce?

Are Benefits a Marital Asset?

Workers’ compensation benefits are considered an asset under Illinois family law. If the benefits are from an accident that occurred after the couple was married, the benefits are similar to any other income and are likely to be considered a marital asset. Even if the divorce was already filed, but not yet finalized, when benefits are awarded, they will most likely be considered a marital asset.

Workers’ compensation benefits can either be paid as a series of installments or as a single lump-sum, depending on the circumstances of the case. Judges in a divorce will divide the marital assets equitably, including the proceeds from any workers’ compensation claim. This does not mean both sides get half. Instead, the judge decides what would be fair considering several different factors.

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 Posted on December 00,0000 in Uncontested Divorce

Divorce does not have to be bitter and expensive. Many times a couple has the basic agreement worked out before the divorce is even filed. Under Illinois law, it is possible to fairly easily complete an uncontested divorce.

Advantages of Agreement

An uncontested divorce means that the two spouses have no remaining issues to put to rest. They may even file jointly for a divorce and ask the court to approve the agreement they have already worked out in negotiations.

The main advantages of an uncontested divorce are that the two sides save themselves time, frustration, and money by agreeing to everything early in the process. While both sides should have the help of a lawyer in drafting and reviewing any agreement, the fees will tend be much lower than in cases where there are multiple hearings and piles of court documents drafted.

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 Posted on December 00,0000 in Illinois Law

When you live an area as widespread and diverse as the Chicagoland region, opportunities may abound for you. With minimal effort, you may be able to find a new job or new place to live quickly, helping you improve your life substantially. This can especially useful following a divorce or other major life change but if you have children and are subject to a custody order or parenting plan, you will need to be aware of what steps you may be required to take.

Moving to New Home

If you have been granted primary physical custody of your child—or the majority of the parenting time as specified under the new law—you are expected to help foster a positive relationship between your child and the other parent. Of course, you cannot be responsible for the other parent’s behavior, but you should not make it more difficult for him or her to spend time with your child.

Your parenting plan or custody order most likely includes provisions for your respective parenting time. Moving to a new home that is not all that far away is not likely to present a major obstacle for the other parent. It is when the distance increases that things can get become rather complicated.

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 Posted on December 00,0000 in Child Custody

When parents cannot reach an amicable agreement regarding the allocation of parental responsibilities, a judge is required to make a decision based upon the best interests of a child. Among many considerations, the judge will have to decide which home is the best place for the child to live most of the time. Does the school district you live in influence that decision?

Education is One Factor

There are many different factors that go into making a decision that is in the best interest of the child. The type of education a child will receive is an important concern, but it is only one factor among many. Other factors Illinois judges look at when deciding what is in a child’s best interest include but are certainly not limited to:

• What provides the child the most stability;
• Mental and physical health of all involved;
• The child’s needs; and

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 Posted on December 00,0000 in Division of Property

Financial and property considerations can be very complicated parts of the divorce process. It is often difficult to determine who should get what, and how much is fair based on the specific circumstances of the case. For many couples, the concepts of dividing marital assets and spousal maintenance represent two, very separate ideas. In reality, however, they are often very closely related, and in many cases, decisions regarding one directly affects the other.

Spousal Maintenance

Spousal maintenance, or alimony as it is sometimes called, is intended to help a financially-disadvantaged spouse alleviate some of the economic impact of a divorce and a post-divorce life. To determine if maintenance is needed, in the absence of an agreement between the spouses, the court must take into account a number of factors regarding the marriage and divorce. These include each spouse’s income and needs, the contributions to the marriage and toward the earning capacity of the other, as well as the length of the marriage and the established standard of living.

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 Posted on December 00,0000 in Division of Property

For some, the most painful part of a divorce is the division of the marital property. Illinois law requires judges to divide the marital property equitably. This means dividing the property fairly based a set of factors. However, if your spouse is hiding assets, you are at a disadvantage. You may get less than your fair share of the marital property. While there are many ways to hide assets, often they are in plain sight if you know where to look.

Electronic Discovery

One favorite technique of fraudsters is to withdraw money over time from the marital bank accounts and deposit the money in a secret account. Sometimes the secret account will be in the name of a friend or romantic partner to help avoid detection. But, because almost everything is now online, chances are that your spouse either checks the balance online or gets regular account updates via email.

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 Posted on December 00,0000 in Divorce

For most couples who have been divorced, there was probably not a single moment that suddenly clarified their decision to end the marriage. It, more likely, was the combination of many factors that ultimately led to the split. In many cases, spouses begin to think about divorce long before it ever becomes a reality, and often ask themselves similar questions.

Before contacting a divorce attorney, you should be able to clearly address, at least in your own mind:

Do You Want a Better Marriage?

Or, do you just want out? You may recognize serious problems in your relationship, but that does not necessarily mean that you no longer want to be with your spouse. If you can identify particular areas of concern, working on your marriage may be an option. Conversely, you may be ready to be done with your spouse, realizing that your relationship is not healthy for either of you.

What Have You Added to the Problems?

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 Posted on December 00,0000 in Allocation of Parental Responsibilities

If you are in the process of getting divorced or ending a relationship with your child’s other parent, you undoubtedly realize that the road ahead is likely to be a tough one. Even in the most amicable of situations, making arrangement regarding your roles as co-parents can be extremely challenging. There are many considerations that go into developing a workable parenting plan, of course, but certain elements are generally recognized as being among the most important. The authority over such aspects of the child’s life are known under the law as significant decision-making responsibilities, and they represent a major portion of any co-parenting agreement.

Formerly Legal Custody

For many years, the state of Illinois addressed parenting roles in terms of physical and legal custody. Physical custody referred to a parent’s access to the child. In most cases, a parent would be granted at least shared physical custody of the child, meaning the child would be able to spend in the home of both parents on some type of rotating basis. Legal custody, by comparison, referred to the authority of the parents to make important decisions regarding the child’s upbringing. This was allocated in one of a couple ways: legal custody could be granted to one parent in a sole custody arrangement, or shared between both parents in a joint custody agreement.

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 Posted on December 00,0000 in Collaborative Law

Supermarket tabloids and social media feeds are frequently full of divorce horror stories—usually involving celebrities—in which the proceedings drag on for months because the parties cannot see eye-to-eye on virtually anything. You probably even know someone personally whose spouse refused to cooperate, leading to expensive delays and long-term uncertainty. In addition to the added costs, the emotional strain on a family in such a situation can be tremendous, and in some case, almost unbearable. There is, however, no reason to subject yourself and your family to the dangers of that type of divorce, especially when a collaborative divorce may be an option.

The Collaborative Process

A collaborative divorce is a team-oriented approach to ending a marriage that looks to avoid taking the matter into the courtroom. In fact, as part of the agreement to collaborate, the attorneys for you and your spouse contractually agree to withdraw as your representation should you decide that collaborative divorce is not working, and litigation is necessary. This creates an incentive of sorts to reach a resolution without spending additional money on new lawyers.

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 Posted on December 00,0000 in Child Support

When you are responsible for making child support payments, virtually every financial decision you make can affect your ability to meet your obligations. This is especially true if you are considering a job or a career change, as your income is very likely to change. While an increase in your income can be a good thing, a decrease could make it impossible for you to comply with your child support requirements. You may be able to petition the court for an order modification, but depending upon the circumstances of your employment, your request could be denied.

Illinois Law

According to the Illinois Marriage and Dissolution of Marriage Act, your order for child support may be amended upon a showing of a substantial change in circumstances. Losing a job, starting a new one, a significant promotion or demotion, and a complete career change could all create a significant difference in your monthly and annual income. The law recognizes a change in employment status as one of the possible causes of a substantial change in circumstances for the purposes of pursuing an order modification.

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