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Recent Blog Posts
Mediation for Child Relocation Disputes
When divorced or unmarried parents share custody of a child, moving to a new residence can present a significant challenge. Courts typically approve parental relocations if both parents agree to the move and the move is in the child's best interests. However, the situation becomes much more complicated legally and personally if one of the parents disagrees with the move.
If you or your child's other parent intend to move and you disagree with their intention, family law mediation may help you and the other parent negotiate a mutually-agreeable arrangement.
Illinois Law Regarding Child Relocation
"Relocation" describes moving to a new residence that is a significant distance away from the old residence. For parents in the collar counties of Illinois, a move is considered a relocation if the new residence is 25 miles away or more. For Illinois residents outside the collar counties, the cut-off is 50 miles.
How Does Fault Impact an Illinois Divorce?
Typically, blame for a marital breakdown is not black and white. Rarely is one spouse purely at fault and while the other spouse shares no part of the blame. Human relationships are much more complicated than this. There are usually countless factors that lead to a divorce.
That being said, it is important for anyone getting divorced to understand how the legal concept of fault may influence their case. In this blog, we will explore the ground for divorce in Illinois, the meaning of “no-fault divorce,” and how marital misconduct like cheating can impact a divorce case.
Illinois Grounds for Divorce in 2023
Illinois used to have fault-based grounds for divorce. However, Illinois is presently a no-fault divorce state. "Irreconcilable differences" is the only ground for divorce accepted by state courts in Illinois. This means that a spouse does not need to prove fault on the part of their soon-to-be ex-partner in order to obtain a divorce.
Tips for Business Owners Getting Divorced
If you own a restaurant, retail store, tech start-up, or another type of business, getting divorced can be especially complicated. As you navigate the emotional and personal challenges of ending your marriage, you will also need to consider the legal and financial implications of divorce on your business. In this blog, we will describe the steps you should take to protect your business when getting divorced. However, each case is different, and business owners are encouraged to work with an experienced divorce lawyer to ensure their legal and financial interests are protected.
Understand the Value of Your Business
One of the first steps you should take during a divorce involving business assets is to get an accurate and comprehensive appraisal of your company. Whether you own a small business you run out of your own home, or a large corporation, it is only possible to properly account for the business's value during divorce with an accurate valuation. Work with a professional business appraiser to develop a thorough report of your business's assets, liabilities, and current value.
What Are the Benefits of Establishing Parentage for an Unmarried Parent?
Parentage refers to the legal relationship between a child and a parent. Typically, a mother’s parentage is easily established because she gives birth to the child. However, establishing parentage, or paternity as it was previously called, can be much harder for fathers.
Establishing parentage can help both the parent and the child in many ways. The legal recognition of a parent-child relationship provides a host of financial, emotional, and logistical benefits to both parties. If you are an unmarried parent, establishing parentage can provide financial stability, legal protection, and emotional security for your child.
Establishing Parentage is the First Step in Getting Child Support
When a parent is legally recognized, they can be required to make child support payments. This financial assistance helps ensure that the needs of the child are met. If a woman has a child and paternity is not established, she cannot ask the court for a child support order until the father's paternity is legally recognized. In some cases, this may necessitate DNA paternity testing. In other cases, establishing paternity is as simple as signing a Voluntary Acknowledgement of Paternity at the hospital when the baby is born.
Key Issues to Include in Your Kane County Parenting Parenting Plan
In 2016, Illinois updated the language describing child custody. Today, the state recognizes “parenting time” and "parental responsibilities," which refer to physical custody and decision-making authority respectively. Divorcing parents will need to determine how they will make decisions about their child's education, involvement in church or other religious activities, medical care, and more. They must also determine how they will share responsibility for supervising the child and meeting his or her day-to-day needs. A parenting plan provides an agreement between two parents regarding who has what rights or responsibilities related to the children. Developing a mutually-agreeable parenting plan is rarely a simple task, so it is important to start thinking about these issues early in the divorce process.
Parenting Time, Parental Responsibilities, and Other Crucial Matters in Your Parenting Plan
5 Signs You are Married to a High-Conflict Partner and How to Divorce One
Divorce inevitably involves conflict. However, some divorce cases are extremely contentious. One of both parties may intentionally draw out the divorce process, refuse to compromise, lie about finances, or use unscrupulous tactics to get what they want. They may overreact to small issues or be completely unwilling to negotiate.
A "high-conflict partner" is someone who constantly blames others, fails to take responsibility for his or her actions, uses threats or manipulation to control others, and has extreme emotions. If this sounds like your spouse and you are planning to end your marriage, you may be facing a very challenging divorce. It is highly recommended that you work with an attorney who can provide the legal support you need and advocate on your behalf throughout the divorce.
Signs of a High Conflict Personality
A high-conflict person is one who is constantly embroiled in conflict. Here are five signs that your partner may be a high-conflict person:
Can You Be Found in Contempt of Court for Failure to Comply with the Divorce Decree?
Once a divorce is finalized, the divorce decree will contain the specific rights and obligations of each party. Often, this includes provisions describing the terms of spousal maintenance, child support, or child custody. Spouses are expected to comply with the terms of the divorce decree.
Failure to comply can result in civil contempt of court, a form of punishment for not following a court order. If you are found to be in contempt, there may be significant consequences, including fines or even jail time. This is meant to ensure that each spouse meets their legal obligations according to the court order.
Divorce Decree Noncompliance
Spouses who cannot meet their obligations should seek a modification through the appropriate administrative or judicial avenue. It may be possible to change a child support, spousal support, or child custody order. The worst thing a person can do is to simply fail to meet his or her obligation. Failure to comply with a court order can lead to being held in contempt of court. A spouse who does not pay support may also be subject to wage garnishment, property liens, bank account seizures, and other collection procedures.
Getting Divorced When You Are a Stay-at-Home Mom
When you have dedicated most of your time to raising children, career advancement and financial security become less of a priority. Many stay-at-home parents rely on their spouse’s income to pay bills and cover everyday expenses. When divorce occurs, it can be difficult for a stay-at-home parent to adjust to life without this income.
Many stay-at-home parents also worry about how the divorce will affect their children. Will they be forced to move? Will the children need to change schools? Who will receive the majority of the parenting time and parental responsibilities after the split? These are just some of the many questions stay-at-home moms contend with during a divorce.
Child Custody Issues in an Illinois Divorce
Divorcing parents are asked to create a parenting plan that describes each parent's decision-making authority and parenting time schedule. If the parents cannot reach a decision, the court decides on these issues.
Modifying Parental Responsibilities in Illinois
In 2016, Illinois changed how courts handle child custody matters. Child custody now involves two components. The allocation of parental responsibilities refers to the allocation of child-related decision-making authority. Parenting time, which used to be called visitation, is the time each parent cares for the child.
In order to promote stability in a child’s life, the court only allows parents to modify their child custody order under certain circumstances.
Modifying a Child Custody Order in the First Two Years
The rules about child custody modifications depend on when the order was established or last modified. It is generally believed that maximizing consistency is in the child’s best interests after a divorce. Consequently, the courts want to prevent the parents from making unnecessary changes to the child custody order. If it has been less than two years since the child custody order was first established or last modified, there is a higher burden of proof needed to change the order. If you want to modify parental responsibilities within two years, you usually must submit an affidavit to the court affirming that the current allocation of parental responsibilities is endangering the child’s physical, mental, psychological, or moral health.
Gifts and Asset Transfers During Divorce in Illinois
When a couple gets married, their financial lives become intertwined. Untangling the spouses’ finances is a major aspect of the divorce process. Marital property, which is jointly owned by both spouses, must be distinguished from non-marital property, which is owned by only one spouse. Any assets and debts included in the marital estate will need to be valued and divided between the spouses. Divorcing spouses can negotiate their own property division agreement, or, if no agreement can be reached, the court will determine how to divide property.
Because assets must be divided equitably, transferring assets or giving gifts to others during divorce can be problematic. In some cases, transferring assets, even though a seemingly harmless gift, can lead to accusations of dissipation.
Dissipation of Assets
Illinois law defines dissipation of assets as the use of marital property for reasons that are unrelated to the marriage, only benefit one spouse, and during a time when the marriage is breaking down. Some classic examples of dissipation of assets include:
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