Posted on March 23, 2019 in Child Custody

If you plan to divorce in Illinois and wish to share custody of your children with your soon-to-be-ex-spouse, you will be required to create a parenting agreement. Parenting agreements, also called parenting plans, create the foundation for post-divorce child custody and visitation. Divorcing parents who wish to pursue joint custody are required to sign a joint parenting agreement which outlines how they will share parental responsibilities and resolve disagreements as co-parents.

What to Include in Your Parenting Plan

There are certain elements an Illinois parenting plan must contain. At minimum, the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) requires that a parenting plan include:

• A designation of the parent who will have the majority of parenting time and who will make most of the decisions about the child’s life;
• The child’s living arrangements and visitation schedule;

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 Posted on March 15, 2019 in Alimony

If you are divorced, you may have been ordered to pay your spouse spousal maintenance. Spousal maintenance, also called spousal support or alimony, is designed to help subsidize a financially-disadvantaged spouse after a divorce. For example, a stay-at-home parent who forgoes work outside the home to care for children is left at a serious disadvantage after divorce. Reentering the work force can be difficult or impossible after such a long absence. Depending on the health, employability, and life circumstances of an individual awarded spousal support, the support may be ordered to last indefinitely. Other times, support is only ordered temporarily.

There are several ways in which spousal maintenance obligations terminate or are available for modification. If you want to stop or modify court-ordered spousal support payments, it may be helpful to learn about Illinois spousal maintenance laws.

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 Posted on March 08, 2019 in Divorce

If you are considering divorce or have already decided to end your marriage, you probably have many questions. One of these questions may be about how your accumulated wealth and property will be divided during the divorce process. Television and movies are rife with examples of a resentful spouse getting more than their fair share during a divorce. However, Illinois courts do make every effort to make property division decisions as fairly as possible. If you are wondering how your property will be divided between you and your soon-to-be-ex spouse, read on to learn about Illinois equitable distribution laws.

If You and Your Spouse Agree on How to Divide Property

Illinois courts encourage divorcing couples to make their own decisions about property. If a couple can agree on who will get what after the divorce, there may be no need for court intervention. Understandably, some divorcing couples are not able to come to such an agreement. If you and your spouse cannot reach a settlement about property and debt, the courts will use a method called equitable distribution to make property decisions.

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 Posted on February 19, 2019 in Divorce

Social media has revolutionized the way we talk to our friends and loved ones. Most people who experience a major life change such as a marriage or birth of a child write about the event on their social media pages. Ideally, everyone would be able to post what they wanted to online without any negative consequences. Realistically, however, almost everything you do or say online could come back to cause problems for you during divorce. Those undergoing a separation or divorce should make sure to post with caution and avoid the most common social media blunders.

Bragging About Expensive Vacations or Other Purchases

You can inadvertently cause problems for yourself in the future by posting information about major purchases on social media during your divorce. If you are putting pictures up of a new car or computer, this will could your argument for spousal support. You may have been pinching pennies for a long time to afford your new things, but such posts can create the impression that you are making money “under the table” or are otherwise not being honest about your assets.

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 Posted on February 13, 2019 in Illinois Family Law Attorney

As the old saying goes, he who has much has much to lose. Any divorce can be stressful and financially risky, but high net-worth divorces involve an increased risk. If you are someone with a high net worth or you own complex assets and plan to divorce, you should know that the road ahead may be bumpy. Fortunately, you do not have to face the complex world of high net-worth divorce alone. Divorces involving valuable and complex assets almost always require the skill and experience of a divorce attorney familiar with high-asset divorce.

World’s Richest Man to Divorce Wife

Jeff Bezos is mostly known for being the founder, CEO, chairman, and president of the retail giant Amazon. He has an estimated net worth of over $90 billion which makes him the world’s richest person. Bezos recently announced that he and his wife of 25 years are divorcing. The couple and their children live in Washington state which has slightly different laws about property distribution during divorce than Illinois.

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 Posted on February 05, 2019 in Divorce

Any divorce is challenging, but divorcing a spouse who struggles with an addiction can be especially legally complex and emotionally burdensome. For some, compulsive spending is a coping mechanism used to deal with negative emotions or memories. Studies show that purchasing a new item releases a feel-good hormone in the brain which is similar the effects of drugs and alcohol. Gambling addictions can occur when a person convinces themselves that the only way to fix their financial situation is to finally win big. Unfortunately, the big win rarely comes and the house always wins. If you plan to leave a spouse who sometimes acts in financially reckless ways, you should take steps to protect yourself personally and economically.

Separate Your Finances As Soon As Possible

When you decide to leave a spouse who is a compulsive shopper, gambling addict, or who may otherwise waste marital funds, you should take steps to separate your finances as soon as possible. Illinois state law dictates that only shared property, called marital property, will be divided during a divorce. Once you decide to divorce, you must make sure any assets you accumulate from then on will be considered separate property which is not subject to division. One way to accomplish this is to get a legal separation. Simply living apart is not the same as being legally separated and does not afford the same legal protections. Another way to protect yourself financially is to request a court order that prevents your spouse from accessing certain assets like saving accounts or retirement accounts.

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 Posted on January 30, 2019 in Divorce

If you are in the midst of a divorce, there is a very good chance that you feel like your marriage has been over for quite some time. The legal proceedings associated with divorce are important steps toward your new life, of course, but from a personal standpoint, you have probably started to move on already. As the divorce process continues, you might be tempted to start a romantic relationship with a new partner. The thrill of a new relationship, along with the feelings of appreciation and empowerment that often come with it, can certainly be attractive. Depending on your situation, however, you may want to avoid dating someone new until your divorce is finalized.

Legal Concerns

According to the laws that govern divorce in Illinois, you are not prevented from seeking a new romantic relationship while your divorce is ongoing. If you decide that dating is right for you, it is important for you to keep track of how you pay for your dates. You can use your own money, of course, but if you are found to be spending marital assets on your new partner, your spending could be considered dissipation. Dissipated funds will need to be paid back to the marital estate before it is divided.

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 Posted on January 22, 2019 in Divorce

Divorces in Illinois can be either contested or uncontested. At the crux of any divorce are the issues of property and debt division, child custody or the allocation of parental responsibilities, and support/maintenance payments. When divorcing couples are able to come to an agreement about these issues, either on their own or through mediation, they can begin an uncontested divorce. Although every divorce involves at least some degree of disagreement, these disagreements do not always require court intervention. On the other hand, spouses who cannot come to an agreement on their own must undergo a contested divorce.

What Is a Contested Divorce?

Contested divorces are those in which spouses cannot reach a decision as to the terms of the divorce and must therefore go to trial. Contested divorces can be more expensive and time-consuming than uncontested divorces, so most experts suggest avoiding this route. However, in some cases, such as when one or both spouses are unwilling or unable to cooperate, a contested divorce is necessary.

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 Posted on January 07, 2019 in Divorce

If you and your spouse are considering ending your marriage, you may have questions about legal separation. Although divorce is the most common way a married couple splits, it is not the only option Illinois couples have. A legal separation is a special court order that dictates the rights and responsibilities of a couple. A legal separation does not technically end a marriage, but it functions very similarly to a divorce. Although legal separations are less common than divorce, they can be a beneficial legal tool for spouses who have personal or financial issues upsetting the marriage. There are advantages and disadvantages to both divorce and legal separation. A qualified Illinois family law attorney can help you further understand which option is best for your unique family and financial situation.

Differences Between Divorce and Legal Separation

The most important difference between legal separation and divorce is that a legally separated couple remains legally married whereas a divorced couple is no longer legally married. Some couples choose a legal separation instead of a divorce specifically because this option allows them to stay legally married. Remaining legally married is important to some for cultural or religious reasons. A separation also preserves most healthcare and social security benefits that are generally terminated through a divorce. Divorce ends spouses’ rights to property benefits upon the death of the other, but couples with a legal separation still have property rights.

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 Posted on December 31, 2018 in Child Custody

Among all of the decisions made during a divorce, issues pertaining to children are some of the most important elements that must be settled. These issues can include parenting time, decision-making responsibilities, and other child-centered concerns. All of these things will be covered in a parenting plan, which Illinois requires as a part of your divorce settlement if you have children. Parenting plans are written agreements that outline all legal issues, from which parent has a child and when to how decision-making responsibilities will be shared or divided. Parenting plans can be difficult to negotiate, but they can save a lot of headache in the future.

Elements of a Parenting Plan

Before you go before a judge to determine a parenting plan, Illinois courts allow you and your spouse to come up with your own agreement. If you cannot come up with your own parenting plan, you will be ordered to attend mediation to help you formulate a plan. If you still cannot come to an agreement, you will have to attend a court hearing so a judge can make decisions pertaining to your parenting plan.

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