Pet Custody: Who Gets the Dog in an Illinois Divorce?

 Posted on December 00,0000 in Division of Property

For most pet owners, their pets are a part of the family. When a couple gets divorced, one of the issues that may arise is who gets to keep the pet. Prior to 2018, the state of Illinois treated pets like any other piece of property--it was awarded to one of the spouses during the allocation of the couple’s other assets. A new law that was put into place at the beginning of 2018 allows a judge to decide which spouse is the best owner for the pet. A Change in the Law Before the beginning of the year, pets were considered an asset in a marital estate. Usually, the spouse that paid for the animal or had the best financial situation for the animal was allocated the pet in the divorce. This led to some animals losing the pet parent that loved them the most and sometimes a spouse would even fight over the pet out of spite and end up with an animal they did not care about. The new law gives judges the ability to look at the situation and decide what is in the best interest of the pet’s wellbeing. This means that one spouse may end up with full ownership of the pet or both spouses could end up in a joint ownership situation, meaning the arrangement would function similar to a child custody arrangement and the time spent with the pet would be split between both spouses. Deciding Factors

The only animals that the law does not apply to are service animals. Though service animals are companion animals, they provide their owner with assistance and it is important for the animal to stay with the spouse that needs them. For all other animals, judges will look at which spouse provides the necessary elements for the pet’s wellbeing. This can include the judge looking at who:

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Calculating Child Support in Illinois

 Posted on December 00,0000 in Child Support

When you go through a divorce, you may end up with monthly payments that are made to you from your ex for spousal maintenance. If you and your ex had children, you may also have child support payments that your child receives each month. Many times, a person depends on one or both of these payments to maintain their standard of living. If you have existing support orders, your ex is legally required to make these payments and can face severe consequences if they are not made. When Is Failure of Support Committed?

According to the Illinois Non-Support Punishment Act, a person is committing the offense of failure to support when they:

• Willfully refuse to provide for the support or maintenance of his or her spouse or child, knowing that they need the support, and have the ability to do so;

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Understanding the Rules of Parent and Child Relocation

 Posted on December 00,0000 in Child Custody

Many things can trigger a move after a divorce - a new job, moving to be closer to family or even a new relationship. When a parent wants to relocate a child after a divorce, they must take certain steps to ensure that they are relocating the child legally and not in violation of any current parenting agreements.

What Is Considered Relocating?

According to Illinois law, you are considered to be relocating if you are moving more than 25 miles from the child’s original home if it is within Cook, DuPage, McHenry, Kane, Lake or Will counties or if the new home is out of state. The law also says that if the original home is not within the listed counties, a move is considered relocation if it is more than 50 miles from the child’s original home.

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Items Every Illinois Prenup Should Have

 Posted on December 00,0000 in Prenuptial Agreement

Even though the notion of planning for the end of your marriage before you are even married is not the most romantic thought, it is smart decision making. A prenuptial agreement is a legal document that dictates how each spouse’s assets are divided if the marriage ends in divorce. There are quite a few things that a prenuptial agreement can--and should--contain. Premarital Assets and Debts You should make a list of your assets and debts that are currently in your name and that you acquired before your marriage. These assets can be anything from savings and brokerage accounts, a car, jewelry or a house. You and your spouse should be upfront with each other about assets that you are bringing into the marriage. You should also discuss how you will handle the division of premarital assets and debts in the event that they become intertwined with marital property. Marital Property In general, marital property is any asset or debt that is acquired during the marriage. The prenuptial agreement should spell out how you handle the assets and income that you gain during the marriage. You could possibly split marital property 50/50, or you could distribute the marital property as equitably as possible, meaning it may not be 50/50. This can save you a lot of time in the future if you do end up getting divorced. Spousal Support Though you are not required to have a section for spousal support in a prenuptial agreement, it can be extremely helpful to have your wishes down if you do get a divorce. Depending on you and your spouse’s assets, living expenses and other things, you may be entitled to spousal support. If your prenuptial agreement contains clauses about spousal support, the courts must follow the agreement’s terms. Get Support from an Aurora Prenuptial Agreement Attorney

Prenuptial agreements are becoming more and more popular and are losing the stigma that they once held. This is due partly because couples are tending to enter into marriage with a lot more assets than they did 40 years ago. If you are engaged and think a prenuptial agreement is right for you, a skilled DuPage County prenuptial agreement attorney can help you draft an agreement that fits your needs. Contact the Law Offices of Matthew M. Williams, P.C. at 630-409-8184 to set up a consultation.

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Ways to Reduce Divorce Stress

 Posted on December 00,0000 in Divorce

There are a lot of things to think about when you get a divorce. There is the house, the kids, your bank accounts—you name it. When you get a divorce, your lawyers write up what is called a divorce settlement, a legal document that lays out all the terms of your marriage, who is allocated which property, how parental responsibilities are allocated and the terms of child support or spousal maintenance, if it is required.

All of these things can be difficult to negotiate and can leave you worrying if you are getting what you deserve. All of this worry turns into stress and when you are stressed, you are not yourself. Even though divorce can be tolling, it is important for you to remember to stay as calm as possible. Here are five tips to reduce stress during your divorce. Identify Your Stress Triggers Even though stress is a very predictable side effect of divorce, it is not healthy for you. Not only can it take a toll on your emotional health, your physical health is also at risk. Once you identify what the causes of your stress are, you can take steps to eliminate them or reduce their effect on you. Keep Up With Your Health During a divorce, you can forget to take care of yourself while you are wrapped up in other matters. Eating lots of healthy fruits and vegetables and making sure you are drinking plenty of water is a good way to help yourself feel physically well. It is also important that you get plenty of sleep and you exercise a few times a week. If you feel good physically, it will help you feel good emotionally. Talk with Others Keeping in touch with friends or family during your divorce is important--they can offer you the moral support that you need during this time in your life. This is also the time for you to cut toxic people out of your life so that you can be surrounded with positivity. Seeing a professional is also always an option if you feel you would benefit from sharing your thoughts with one. This can be a good way to vent about the stressors in your life. Set Realistic Expectations It is only natural and healthy that you set goals for yourself, but it is also important to remember that you should set these goals with your specific situation in mind. You should try to remember that you need to set realistic expectations for yourself and others in your life during your divorce. Setting unrealistic expectations can be a major source of stress if you do not accomplish what you hope to get done in the time that you wanted. Contact an Aurora Divorce Lawyer

It is not a secret--divorce is stressful. You are going through one of the most difficult times in your life and a lot of things in your future are uncertain. Even though divorce can be stressful by nature, it does not have to be. With the help of an experienced DuPage County divorce attorney, you can get the peace of mind that you need. Contact the Law Office of Matthew M. Williams, P.C. to discuss your situation and easily move forward with your divorce. Call 630-409-8184 to schedule a consultation.

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Advantages of Nesting Parenting Arrangements After Divorce

 Posted on December 00,0000 in Child Custody

Divorce is a giant change of pace in a family’s life. Parents know that divorce can be difficult for children to adapt to and can cause undue emotional distress. They work to minimize the effects of divorce on their children, which is how a fairly new parenting arrangement has come around. This arrangement is called “nesting,” which is a very child-centered approach to allocating parenting time. What Is Nesting? Nesting is a co-parenting arrangement where parents continue to share the family home and take turns living there to take care of the children. Rather than getting used to moving back and forth between two separate homes, the children reside full time in the family home that they are used to. The goal of nesting is to maintain a stable home for the children while the divorce is changing the aspects of the family’s life. Can Nesting Work for You? Because nesting involves high levels of cooperation and communication between the two parents, this type of arrangement usually only works with parents who are on good terms with each other. Minimal conflict is key for nesting to work--parents must be willing to put their children's’ well being ahead of their own. The family must also be able to provide some sort of other living arrangements for the parents when they are not at the family home--it can get expensive to sustain two living quarters, plus the family home. Advantages of Nesting

There are many advantages of this alternative type of child custody arrangement. Advantages of nesting include:

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Tips For Navigating Graduations for Co-Parents

 Posted on December 00,0000 in Child Custody

You have probably been thinking about this event since the day your child was born. High school graduation is a mark in a child’s life that symbolizes their path to adulthood. They might be going off to college and your life might be changing forever. What you may not have thought about was the fact that you are divorced now. If you have gone through a rather troublesome divorce, attending events like these can be stressful for all involved--but they do not have to be. Here are some tips on how to behave civilly during your child’s special day:

Plan Ahead

Oftentimes, events such as graduations limit the number of tickets that each family is allotted to attend the event. If this is the case, you should plan ahead and make sure that you and your spouse have an equal number of tickets to allow all of your family members to attend the event. If need be, you should try to find additional tickets if you or your spouse have more family members than tickets.

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Making Changes to Child Support Orders in Illinois

 Posted on December 00,0000 in Child Support

Typically in the state of Illinois, when you get divorced and you and your spouse have a child together, one spouse will pay child support to the spouse who has the majority of parenting time allocated to them. The monetary amount that is paid in child support depends on a number of factors that can change depending on your circumstances and sometimes the child support payment needs to be increased or decreased. Navigating child support modifications can be a tricky and lengthy process unless you have the help from an experienced attorney. Factors Used to Determine Child Support Payments

There are a multitude of factors that are used when determining if child support is needed and what the amount will be. These factors include:

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Asset Division in an Illinois Divorce

 Posted on December 00,0000 in Division of Property

When you are getting a divorce, you must come to an agreement with your spouse about how your assets will be divided. If you cannot come to an agreement, you will have to go to court and the judge will decide what is fair. Either way, dividing your assets can be a big headache, especially if you have large assets such as a house, cars, retirement or pension plans, stocks, brokerage accounts or businesses. It can be difficult to determine what is fair when it comes to distribution of your assets, but when it comes to Illinois law, there are certain criteria that judges use to make these decisions. Determining Marital Property vs. Non-Marital Property

The first thing a judge will do in a division of assets proceeding is determine which property and assets are marital property and which are not subject to division. The Illinois Marriage and Dissolution of Marriage Act outlines the types of assets and property that are considered marital and non-marital property. According to the act, marital property is any property, including debts and other obligations, acquired by either spouse during the marriage, except:

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Children and Divorce: How to Help Your Child through the Process

 Posted on December 00,0000 in Children of divorce

Divorcing with children is not uncommon--anywhere from 40 to 50 percent of divorcing couples have at least one child under the age of 18. Divorcing with children adds an extra layer of complexity to divorces--you have to think about who the child will live with, what the parenting arrangements will be, how you will share the cost of raising a child and more. Children all react to divorce differently and some can have a difficult time coping with the separation of their parents. Here are five ways you can help your child through your divorce:

Be Honest

There is no reason that you should try to hide your divorce from your children. They are very perceptive and can probably tell that something is wrong, even if you do not tell them. It is best for everyone if you tell your children that you are getting a divorce in a straightforward manner and in a way they can understand.

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