Posted on December 00,0000 in Relocation

When you share parenting responsibilities for your child with your former partner, making decisions for your own life may not be as simple as it once was. Moving to a new city or state, for example, to pursue new opportunities is much more difficult for a parent subject to a child custody order—now called the allocation of parental responsibilities in Illinois. The difficulties are increased even further if the parent looking to move is the one who was granted primary residential responsibilities for the child and has the majority of the parenting time. If you are thinking about moving with your child, there are some things that you need to keep in mind.

What is a Relocation?

The Illinois Marriage and Dissolution of Marriage Act recognizes that not every move by a parent is considered a relocation. Instead, a relocation is defined as a move by a parent with at least half of the parenting time with the child that is:

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 Posted on December 00,0000 in Divorce

When you are preparing to begin the divorce process, you are likely to have many questions. You are probably wondering how much it is going to cost, how long it might take, and what type of expectations will be placed on you. There is also the ever-present question of hiring a divorce lawyer, as countless online resources offer advice on how to handle a divorce on your own. Going through a divorce without the assistance of a qualified lawyer is not advisable, especially if you and your spouse own significant assets or have children together. But do you each need to hire you own attorney or can one lawyer represent both you and your spouse?

Conflict of Interest

The answer to this question can be found in the Illinois Rules of Professional Conduct, the formal guidelines the govern the practice of law in the state. Rule 1.7 states that “a lawyer shall not represent a client if the representation involves a concurrent conflict of interest.” The rule goes on to say that such a conflict exists if “the representation of one client will be directly adverse to another client.” For a divorce situation, this means that a single attorney cannot represent both you and your spouse, as your interests are, by definition, in conflict with one another.

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 Posted on December 00,0000 in Divorce

No matter what the situation may be, some people are better at making tough decisions than others. Certain individuals are able to quickly choose a course of action and begin proactively pursuing their goals. Other people, however, require more time to consider the implications of their decision, weighing their options carefully before making a choice. Of course, there are extremes in both groups, with some making rash decisions regardless of the consequences and others who overthink the situation while paralyzed into inaction. When the issue is something insignificant, like where to have dinner tonight, the ability to make a decision is not all that important, though an inability to do so may still be annoying. But what about the decision to file for divorce? Does it matter who makes the decision to file the petition first?

A Level Playing Field

From strictly a legal standpoint, there is little to be gained from getting to the courthouse ahead of your spouse. If you file first, you will be known as the petitioner throughout the proceedings, and your spouse will be the respondent. With your petition, you will be able to make certain claims and requests of the court, so there may seem to be some advantage to being the petitioner. However, the respondent will have the same opportunities to make claims and file motions, both in response to yours and of his or her own accord. As the process moves forward, both parties will have the chance to present evidence and contribute to the judge’s final decision.

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 Posted on December 00,0000 in Divorce

Most of us think nothing of posting a funny story, sharing some family photos or liking someone’s status on social media. Nearly 60 percent of Americans are on Facebook, and staying connected to family and friends via the internet has become second nature.  However, what you post on social media sites like Facebook may affect your divorce case more than you would think.

Online Privacy

Although Facebook does have privacy features such as the ability to block someone from seeing your posts, a divorce is a tricky situation when it comes to social media. If a person is or used to be married, chances are that they and their spouse have many mutual friends on these websites. They might be a part of the same groups or organizations.  It is very easy for a party to use these privacy loopholes to spy on the other spouse’s behavior.

For example, if you are unable to pay child support or spousal support payments but post vacation pictures online, your spouse can use this information against you in court. You may also be tempted to vent or share your frustrations about a spouse on social media. These rants, taken out of context, may paint a picture of you or your character that is inaccurate.

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 Posted on December 00,0000 in Division of Property

In an Illinois divorce, the property and assets of a couple are equitably (fairly) divided. What a lot of couples fail to take into account is that this process of division also applies to their debt. It does not just disappear, after all. Be prepared and protect your financial future. Know how to deal with debt during the divorce process, and how you can effectively protect yourself from debt that should no longer be considered “yours” once everything is completed.

Taking a Proactive Approach to Debt Before the Divorce

All too often, couples wait put off dealing with debt until the last possible minute, assuming it will all just work itself out during the divorce process. Unfortunately, this is not always the case. Instead, debt may be wrongly assigned to a party that cannot reasonably afford it. However, even if debt is equitably distributed during the divorce, failure to think ahead can come back to haunt the one who should have been “off the hook.” This can be especially true in situations involving joint debts, such as joint credit cards, mortgages, and other installment loans.

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 Posted on December 00,0000 in Divorce

Along with lack of commitment and arguing, infidelity joins the ranks of the top three reasons a marriage results in divorce. In one survey, up to 55 percent of the those who were divorcing cited that infidelity was among the primary culprits. Marriage counsellors everywhere are always watching for signs of infidelity, stating that it nearly always starts as an emotional affair that results in a physical one. However things progressed to that point, the point is that the couple now intends to split. Can cheating have a large impact on divorce outcomes?

Effects on Divorce

Unlike some other states, Illinois is considered to be a “no fault” state when it comes to dissolution of marriage. The idea that you can divorce each other and you win everything because your spouse cheated does not ring true in most cases in the Land of Lincoln. Beginning in 2016, a divorce can only be granted in the state on the no-fault grounds of irreconcilable differences.

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 Posted on December 00,0000 in Children of divorce

Actress Katherine Hepburn was once quoted as saying, “Sometimes I wonder if men and women really suit each other. Perhaps they should live next door and just visit now and then.” It seems wherever there is a marriage, be it between a man and a woman or a same-sex marriage, there will inevitably be trials and challenges. Human beings are such a complicated composite of thoughts, feelings, hopes, dreams, and baggage from past experiences. When two human beings decide to join their messy lives in marriage, problems and arguments will almost certainly arise.

Many couples stay in marriages full of deceit and conflict because they have children. Couples who were once happy and planned on a life raising their kids together often cannot imagine putting those same children through the pain of a divorce. Still, how should a couple decide when enough is enough? When do the arguments and fights reach a level that makes it unhealthy for the marriage to continue, especially when children are involved?

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 Posted on December 00,0000 in Child Support

Earlier this year, a Cook County judge ordered a Herscher car dealership to pay $2.3 million in fines for failing to withhold child support payments from the paychecks of a former employee. The decision was the largest child-support related ruling in the history of Illinois, but it seems that the dealership will only be held responsible for part of the original fine.

The Daily Journal in Kankakee reports that dealership and the woman who filed the original complaint have reached an agreement to close the matter for good. The details of the settlement, including the final amount to be paid, have not been released, but both sides say they are satisfied with the outcome.

Unprecedented Fine

Back in April, Cook County Judge Bonita Coleman ruled that Country Chevrolet in Herscher failed to comply with state laws requiring the withholding of wages for child support. The dealership argued that the worker in question—the company’s finance manager—was an independent contractor and not an employee, so the law did not apply. Judge Coleman disagreed and ordered the dealership to pay almost $8,000 in back child support for the nine months the man was employed. The judge also levied a fine of $100 per day for the more than two years it took for the dealership to make appropriate payments to the Illinois State Disbursement Unit. The total fine was approximately $2.3 million, the biggest such fine on record in the state.

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 Posted on December 00,0000 in Prenuptial Agreement

In the United States, an estimated 40 to 50 percent of all first marriages end in divorce. That number jumps to 60 percent for second and subsequent marriages. In survey after survey, one of the top issues that cause major rifts between married couples is finances. Different spending habits, different saving habits, and other differing perspectives on how money should be handled can do a lot of damage in a marriage. For example, one survey revealed that 47 percent of the couples surveyed had completely opposite spending and saving habits, which led to much stress in the marriage.

These statistics make a good argument as to why it is critical for engaged couples to have serious discussions regarding finances before they get married. Knowing how your future spouse handles money can help avoid big surprises after the vows are exchanged.

Future Career Goals

Knowing what your significant other’s future career and income goals are will help give you good insight of where money ranks in their priority list. Does your future spouse have a career which requires long hours away from home? Or does your future spouse have a more family-oriented outlook and is not as concerned with advancements in their line of work? Understanding what each other’s future goals are will help the two of you achieve balance in your marriage.

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 Posted on December 00,0000 in Divorce

While it can no longer be formally cited as grounds for divorce in Illinois, infidelity is still a major problem for many married couples. But, what causes cheating? How can so many people make such a choice when they know that their actions will hurt their partners? As you might expect, those who cheat tend to do so for a variety of reasons, and understanding what they are may help prevent unexpected surprises in your relationship.

Personal Reasons

For some people, the inclination to cheat may be almost hard-wired. Gender, personality, and individual values may make an individual more inclined to be unfaithful. Men are more likely to cheat than women, while those with strong conservative religious and political beliefs are often less likely to commit acts of infidelity.

Relationship Factors

Sociologists and marriage experts suggest that a person who is unhappy or unsatisfied in his or her marriage—consciously or not—may be more prone to cheating. A spouse who feels fulfilled, appreciated, and genuinely happy in the relationship is less likely to seek another source of such feelings. When cheating does occur due to relationship factors, the couple must consider carefully whether or not the marriage is worth saving, because doing so will take a great deal of work.

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