Family & Divorce

A cheating or unfaithful spouse can put a huge strain on a marriage, and in many cases, one from which the marriage cannot recover. If your spouse has been unfaithful to you, you may understandably be angry and upset, and if you have cheated on your spouse, you may feel shame and regret. Beyond these emotional struggles, you and your spouse will likely face the difficult decision as to whether you should divorce in the aftermath of infidelity. If you do decide to proceed with legally ending your marriage, you should be aware of how the unfaithfulness can factor into…
Experiencing family law matters can be highly emotional and likely raises many questions. Below are common concerns families and individuals face when they seek our assistance. For additional questions or assistance, contact the experienced attorneys at Kogut & Wilson. Divorce How long will this take and how much will it cost? In short, it is difficult to tell. There are timelines with courts and a fair amount of documents to be completed by both parties. When parties do not agree on a matter, it takes time to negotiate. In these situations, we do our best to keep things moving. An average range…
Parenting plans are documents that outline the role each parent will have in their child’s life after divorce, and the responsibilities they carry. When parents cannot come to an agreement, a judge will issue a parenting plan. In either case, an agreement is legally binding once it is issued or approved by a judge. It is common to have questions about parenting plans, as they are not something many people have dealt with prior to divorce. Below are the answers to some of the most common questions people have about these plans. What Should You Include in a Parenting…
Child support in Illinois is determined by the two parents’ incomes.  The two incomes go into a formula which “reflects the percentage of combined net income that parents living in the same household in this State ordinarily spend on their child.” 750 ILCS 5/505(a)(1) This formula is called the “child support guidelines.” Unless the “court makes a finding that application of the guidelines would be inappropriate” 750 ILCS 505(a)2), one parent will be paying the other parent guidelines support. Child support in Illinois is then determined as follows: “Computation of basic child support obligation. The court shall compute the basic…
Most people’s exposure to the legal system is usually in the form of crime movies where the alleged criminal says “I plead the fifth” in order to avoid testifying to something.  The movie judge, inevitably, shrugs their shoulders and the alleged criminal doesn’t have to testify.  Does this happen in real life? Specifically, can you “Plead the Fifth” during an Illinois divorce case? What Is “Pleading the Fifth” or “Taking the Fifth” The Fifth Amendment of the United States Constitution has a clause which reads, “No person… shall be compelled in any criminal case to be a witness against…
A marriage can have a significant impact on your estate plan. Married couples generally create an estate plan together— all or most of the marital assets are typically passed onto the surviving spouse. Only when he or she passes does the estate plan take effect. However, this is not always the case, particularly if one of the spouses has children from a previous marriage, or if there is a large age difference between the spouses. Moreover, if you are in the middle of a separation or a divorce, which can take over one year to finalize in many…
When parents get divorced, there are many things that suddenly become a topic of concern for their children. Once you determine how you will split parenting time, you can then begin to calculate how much child support will be paid by whoever has the least amount of parenting time. In the state of Illinois, child support calculations take into account both parents’ incomes, the number of children, and the amount of parenting time that is allocated to each parent. Child support may also include a child’s medical expenses, which either or both parents can be responsible for. Child…
With the divorce rate rising on an annual basis, there is no doubting the fact that there are thousands of unhappy marriages throughout the United States. While most people would simply assume that all unhappy spouses would pursue a divorce, the truth is that things can get complicated. Things can become especially challenging to sort out when children are involved. Many Americans falsely believe that staying in an unhealthy marriage is the best thing they can do for the well-being of their child. In truth, pursuing a divorce and seeking happiness for yourself is oftentimes incredibly beneficial to the mental…
Compared to many other countries in the world, the United States is fairly young, with rather unique founding principles. Though the U.S. is well known for certain freedoms such as gun ownership, the country also has a reputation for being a good place to live if you want to be a business owner. According to the U.S. Small Business Administration, there were around 30.7 million small businesses owned and operated in the country in 2019. Owning a small business can be extremely fulfilling, especially if it is a family-run business. However, owning a business can also pose some unique
The stereotypical depiction of divorce is often more fiction than fact. You have likely seen couples in movies screaming at each other from across an empty courtroom as a judge tries to get control over the proceedings. While this may be the case for divorcing couples who have a complex, contentious relationship, most spouses keep things out of the courtroom. Before making a decision on how you would like to pursue your divorce case, you should be aware of your legal options in Illinois. In order to appeal to the varying dynamics between divorcing couples, many law firms offer a…
payments after a divorce in Illinois are determined via the Income Shares model. This calculation method takes into account the parents’ income and if the parents have a shared parenting arrangement, each parent’s allotted parenting time. Either parent may request a modification, or adjustment, to the child support order, however, these requests are not always granted. Sometimes, a parent may try to change a child support order in such a way that it places an unfair burden on the recipient parent. There are some situations in which it may be best to contest a child support modification request. How…
Unfortunately, not all children have two parents who love and properly care for them. Some children must endure the tragedy of losing one or both parents at a young age, while others have their parents stripped from them as decided by the court system. In most cases, these difficult decisions being made by the court are in the best interests of the child, even if the child is too young to see it that way. If family members are unable to care for the adolescent, they will be entered into the foster care system to be taken care of by…
The insurgence of COVID-19 throughout the world has left many universities unsure of how to proceed for the upcoming fall semester. This past spring semester, many colleges went fully online after it became clear that COVID-19 was highly contagious and no vaccine was on the horizon. Things have not cleared up as much as expected since then. As higher education institutions begin to roll out their plans for the upcoming school year, the eligibility of international students may be on the line. Recent guidelines set in place by the Trump administration will leave many international student visas invalid, forcing them…
Every divorce case will have its areas that cause disputes. For some couples, child-related issues will be the epicenter of most of the divorce conflict. For others, typically spouses who do not have children, the asset division process can be this source of contention. The asset division process can be long and confusing, especially since much of the process involves delving into your finances. Unfortunately, divorce can bring out the worst in some people, prompting them to do things that they normally would not do or things that they know they should not do. In a high-asset divorce, it is…
Rarely are divorces completely amicable, without any disagreements throughout the divorce proceedings. Divorce often can be an emotional, life-altering process that can be difficult for some people to deal with in a healthy manner. When children are involved, many times the disagreements can increase. Unfortunately, some divorcing parents wrongfully involve their children in their disputes with their soon-to-be-former spouse, and some parents even deliberately attempt to turn their children against their other parent. These kinds of attempts are known as “parental alienation syndrome.” If you suspect that this is occurring in your divorce, you should contact a skilled family lawyer…
More and more people write prenuptial agreements every year, realizing that these documents will protect them in the event that the marriage ends. However, there is a lot that goes into a premarital agreement and if you make a mistake, it may not offer the protection you were counting on. Below are the most common mistakes people make when drafting a prenup, and how to avoid them. Failing to Broach the Subject You may feel as though talking about a prenuptial agreement is not romantic, but the truth is that a conversation can make both you and your partner…