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Grandparents can be some of the most important figures in a child’s life. If a child’s parents get divorced, grandparents may worry whether they will get to see their grandchildren as often. Divorcing parents have the right to reasonable amounts of parenting time, sometimes referred to as visitation, with their child. However, parents can lose this right if they are not fit to care for their child properly. In Illinois, grandparents will not always have the right to visitation with their grandchildren, although they may be able to petition for visitation if there are special circumstances. When Can…
Parents who get divorced in Illinois will need to create a parenting plan or parenting agreement as part of their divorce settlement. If parents cannot agree on a plan, the court will make decisions about child custody and issue a parenting plan. In either case, a parenting plan will specify how major decisions about the child will be handled and when each parent will enjoy visitation, technically called “parenting time,” with their child. Understandably, many parents struggle to make the adjustment from spending every day with their child to sharing parenting time with their ex-spouse. However, if a…
Property division is often one of the most complex aspects of divorce. The division of retirement plans can be especially complicated. If you are getting divorced, you may have concerns about how your or your spouse’s IRA, 401(k), pension plan, or other retirement benefits will be divided. In Illinois, marital property is divided according to “equitable distribution.” Non-marital property, or property which was obtained by either spouse before the marriage, is not eligible for division. The specifics of how your retirement plan will be handled during divorce will vary depending on your unique circumstances, so it is important to…
Just as no two marriages are the same, no two divorces are the same. There are several different paths that a person getting divorced in Illinois may choose to pursue. Some couples are able to work out the terms of their divorce on their own. Others require help from a qualified mediator to come to an agreement about property division, child custody, and other divorce-related issues. Collaborative law offers yet another option for couples ending their marriage. In some situations, especially those involving spouses with a high net worth, a divorce case may require courtroom litigation. Here…
Being cheated on by your spouse can be heartbreaking. Not only do you have to deal with the sadness and anger caused by the betrayal, but you may also have to deal with the financial consequences of your spouse’s infidelity. If you are getting divorced, and your spouse has been unfaithful to you, you should know about a legal concept called “dissipation of assets.” Through a dissipation claim, you may be able to receive compensation for marital assets that were spent on an affair during the end of your marriage. Defining Dissipation in Illinois The Illinois Supreme…
Many people use the start of a calendar year to make New Year’s resolutions. If you are a divorcing or unmarried parent, you may wish to make a resolution related to more effective co-parenting. Raising a child with someone who you used to date or be married to can be extremely complicated. It can be nearly impossible to keep personal feelings toward the other parent separate from parenting issues. However, studies show that children can be deeply affected by parental arguments and tension. Finding a way to work with your child’s other parent instead of against him or her…
Adoption gives a child without a family the wonderful gift of loving parents. Adopting a child can be one of the most rewarding decisions a person can make. There are many different avenues that a potential parent can take to adopt a child. If you are considering adoption, read on to learn about the four main types of adoption available in Illinois and the advantages and disadvantages of each. Often, the adoption process can be very complicated, so it is important to work with a family law attorney who has experience helping families make their dream of adopting a child…
There is no doubt that social media can have a huge impact on divorce proceedings and family law matters. Although you may not realize it, the things you post on social media can be admissible as evidence in court. If you are getting divorced, you should know that the messages, photographs, and other information you are sharing online may be scrutinized and potentially used against you. Proceed With Caution When Using Social Media During Child Custody Disputes If you and your spouse disagree about the allocation of parental responsibilities and parenting time, you should be especially cautious about what…
In previous blogs, we have discussed the many advantages of divorce mediation. Mediation is an alternative dispute resolution method that is much less stressful and expensive than court litigation. When a couple disagrees about child custody, spousal maintenance, or other terms of their divorce, mediation can help them reach an agreement that works for both parties. However, mediation is not right for every divorcing couple. A qualified divorce attorney can help you decide whether or not mediation will be in your best interests while working to protect your rights throughout the divorce process. Marriages Involving Domestic…
Although any divorce can be difficult, parents who choose to end their marriage may face a variety of challenges. Children with divorcing parents may experience a great deal of stress and anxiety as they struggle to understand why their parents are splitting up and how to cope with the changes. They may worry that the end of their parents’ marriage was somehow their fault or feel like they have to choose sides. In some divorce cases involving children, a special attorney called a guardian ad litem (GAL) is appointed to help address child-related issues. If you are planning to divorce,…
In July of 2017, Illinois enacted major changes to the way child support is calculated. Previous to this change, child support obligations were calculated by applying a percentage based on the number of children requiring support to the obligor parent’s income. For example, if you had one child, you would pay 20 percent of your net income in child support, and if you had two children, you would pay 28 percent of your income. Some parents are still subject to child support orders created under the old law, but any new child support arrangements will be calculated using the “Income…
An order of protection is sometimes called a protective order or restraining order. Victims of abuse, stalking, harassment, or domestic violence may request a restraining order to protect themselves from their abuser. There are three main types of orders of protection in Illinois: an emergency order of protection, interim order of protection, and plenary order of protection. An emergency order of protection can be used when a person needs immediate protection from an abusive spouse, ex-spouse, family member, or another person who may harm him or her.   What Can an Emergency Order of Protection Do for Me? An emergency order…
The end of a marriage is rarely without conflict, but some divorces involve more contention than others. If divorcing spouses cannot reach an agreement about issues such as asset division, child custodychild support, and spousal maintenance, the court will need to intervene. Courtroom litigation is typically more expensive, time-consuming, and stressful than alternative means of resolution like mediation and collaborative divorce. When spouses are able to put their resentments aside and work cooperatively to resolve divorce issues, they will likely save a great deal of time and money. Read on to learn about two…
Spousal maintenance, also called alimony or spousal support, refers to payments that an individual makes to their former spouse after a divorce. Spousal support is only ordered in certain divorce cases, and it is meant to ensure that a divorced person can maintain the lifestyle they were used to during their marriage. In some cases, maintenance payments will be ordered when a lesser-earning spouse needs financial support for a period of time until he or she can obtain the skills or education necessary for suitable employment. However, some spouses may not ever be able to become financially independent after…
When you and your spouse got married, you might have moved into a house that one of you owned already, or you might have found a new home together. Since your wedding, it is also possible that you and your spouse have upgraded and bought a house big enough to accommodate your growing family. If you find yourself facing the prospect of a divorce, however, how and when you and your spouse bought your current home could affect its status as a marital asset. Equitable Distribution in Illinois According to Illinois law, a divorcing couple’s marital property is…
If you are an unmarried parent or parent going through a divorce, you may have concerns about sharing parental responsibilities and parenting time with your child’s other parent. Going from a situation in which you spend every day with your child to one in which you have to share custody can be extremely difficult. In order to maximize the amount of parenting time, or visitation, you have with your child in a shared parenting arrangement, you will want to make the most of a “right of first refusal” provision in your Illinois parenting plan. Your Right to Spend Time…