Family & Divorce

For most parents, their greatest concern in a divorce is not who keeps the living room furniture, but rather, how much time they will get to continue spending with their children. Seeing the other parent obtain sole child custody is often a parent’s worst fear. If your spouse is threatening to pursue sole custody, or to keep the children from seeing you, you should know that this result is highly unlikely unless there is genuine evidence that you are harmful to the children. If no such evidence exists, courts in Illinois immensely favor a parenting time arrangement that allows both
Continue Reading What to Do When Your Spouse Threatens to Seek Sole Custody

Spouses getting divorced in Illinois have often dealt with marital conflict for many years. Such conflict rarely occurs only in person; there are often reams of texts, voicemails, emails, and other recorded or written evidence documenting spousal conflict. Rarely are any of us at our best during moments of heated conflict and we often say things we do not mean or later regret. Nevertheless, if a spouse has said questionable things that are documented in writing or in a recording, they may be used against him or her in divorce court. It is important to understand when voicemails, texts, and
Continue Reading Can My Spouse Use Our Private Texts and Voicemails as Evidence in a Divorce?

Child support obligations in Illinois are based on both parents’ net incomes. For many payers, or “obligors,” child support payments represent a major monthly expense. If someone is already making child support payments to an ex, he or she may worry about how he or she will afford additional child support payments. People in this situation are usually filled with questions. If a parent has children with multiple partners, does he or she pay child support to every partner? How much does he or she pay? These questions can cause great concern for both payers and recipients of child support
Continue Reading How Does Child Support Work if I Have Kids With More than One Person?

Even when a parenting plan has worked well for years, children get older, parents’ living and work arrangements change, and everyone may find that an existing parenting plan no longer works. If you are interested in changing your parenting plan – especially if you believe your child’s other parent may not agree to the changes – it is important to understand when parenting plans can be modified and what your options may be. Read on to learn more about this important topic, and then contact an Illinois family lawyer for help. 
Understand What You Need to Change
Parenting plans in
Continue Reading When and How Can a Parenting Plan Agreement be Modified? 

Financial transparency is crucial to the divorce process. Spouses can only divide their shared assets and debts when they fully understand what they own and what they owe. Spousal support and child support calculations require an accurate understanding of each spouse’s income.
If one spouse is not being truthful about his or her income and assets, it can have a major impact on the divorce settlement. The innocent spouse may be ordered to pay more support than he or she can truly afford, or may end up with a smaller share of the marital property.
If you believe your spouse
Continue Reading My Spouse is Lying about Income and Property During Divorce. Now What? 

Circumstances like income changes or the child’s needs can necessitate a change in an existing child support agreement. However, depending on what you are trying to adjust and why, winning a child support modification case can be challenging. Therefore, knowing some tips on how to win a child modification case is essential to improve the odds in your favor.
Read on to find out how you can work with your family law lawyer to increase your chances of winning a child support modification case.
How to Prepare for a Child Support Modification Case
Preparation is key to success in a
Continue Reading Tips on How to Win a Child Support Modification Case | How to be Prepared

As nearly the totality of all married couples owns some property jointly, so does almost every individual spouse own property that belongs solely to them. The vast majority of people do not enter a marriage entirely empty-handed. As we discussed in our last blog, it is possible to commingle separate property, thereby adding marital interest to individual property, it is also possible to keep property entirely separated such that in the event of a divorce, your spouse has no claim. Additionally, it is possible – and likely, even – that a married person acquires property during the marriage that exists
Continue Reading 4 Types of Separate Property You May Own

Before the introduction of no-fault divorce, spouses wishing to get divorced in the United States had to prove that one spouse was responsible for the breakdown of the marriage. Usually, this involved proving infidelity, abandonment, abuse, or another similar issue. Known as “showing fault,” this process could be lengthy, difficult, and expensive. Spouses accused of fault-based action could try to defend themselves, which could further complicate the process. Even when spouses both wanted a divorce, they often had to agree to demonstrate “fault” through a fabricated story. 
Around 50 years ago, no-fault divorce entered the American judicial system. While some
Continue Reading Understanding Illinois No-Fault Divorce Grounds

Divorce is not uncommon, and most children have friends, family members, and schoolmates with divorced parents. However, the pervasiveness of divorce does not cancel out the deep emotional impact of divorce on children. If you are a parent planning to end your marriage soon, you may be unsure of how to broach the subject with your children. The moment your children learn about the divorce is likely a moment they will remember for the rest of their lives. The “divorce talk” should be carefully thought out and planned in advance so that it goes as smoothly as possible. 
Telling
Continue Reading How to Have the Divorce Talk With Your Children

For many spouses who are taking the step of filing for divorce, a finalized divorce decree cannot come soon enough. You may have been contemplating seeking a divorce for some time. You may have undertaken great efforts to hold together a marriage that is no longer viable. Often, by the time a person is prepared to file a formal petition for divorce, they are also prepared for the marriage to terminate at once. Unfortunately, rarely is divorce an instantaneous process. From the day your attorney files a divorce petition on your behalf, receiving a finalized divorce decree can take
Continue Reading How Long Will My Divorce Take in DuPage County?

You may have been surprised when your spouse served you with divorce papers, but now it is time to take action. Regardless of how you feel about divorce – whether you want it or not – the way you respond to the initial divorce papers will have a major impact on how the rest of the process goes for you. Here are some steps to take if you need to respond to divorce papers in Illinois. 
Take a Moment to Think it Through
It can be tempting to react right away to bad news by getting angry, calling your spouse,
Continue Reading What Should I Do If My Spouse Has Served Me With Divorce Papers?

It can be difficult going through a divorce, especially if one spouse is non-compliant with divorce proceedings. In some cases, a spouse may oppose divorce and refuse to file divorce papers. For spouses who want a divorce, a refusal can make the divorce process seem impossible and difficult to navigate. While some states require both […]
The post Can I Oppose a Divorce? appeared first on SAM LAW OFFICE LLC.
Continue Reading Can I Oppose a Divorce?

Getting a divorce can be a difficult process, regardless of the situation surrounding the end of a couple’s marriage. However, there are some issues that can complicate the divorce process, and if they are not handled correctly, a case can become much longer, more drawn-out, and more expensive. Financial concerns related to the division of marital property can often lead to contentious disputes, and this is especially true in situations involving business ownership. Whether divorcing spouses own a business together, a spouse owned a business before getting married, either spouse has an ownership share in a family business, or a
Continue Reading How Is Business Ownership Addressed During a Divorce?

Many recently divorced parents find it helpful to leave the area where they resided during the marriage to seek a new beginning elsewhere. Relocating can have a wonderful effect on the mental health of a newly divorced parent, particularly if the divorce was very challenging or the marriage itself was harmful. However, in Illinois, a parent cannot simply pack their children’s belongings and relocate to a faraway area without first obtaining permission from the court. Parental relocations are not automatically granted if the other parent objects. If your former spouse resists the relocation and has been allocated any parenting time,
Continue Reading Important Considerations Before Planning to Relocate With Children

Despite increased cultural awareness of the potential power imbalance inherent in certain workplace relationships, people continue to meet, date, and eventually marry romantic partners at work. The constant close proximity with colleagues, in addition to the challenges people often tackle at work together, create an easy opportunity for close personal relationships to develop. 
Although these relationships may start consensually and may not violate any workplace agreements or codes of conduct, when they end, the awkwardness and unpleasantness of a personal breakup often carry over into the workplace. Unfortunately, one former partner may continue to act in a sexually aggressive way
Continue Reading How Can I Prove Workplace Sexual Harassment After a Consensual Relationship Ends?