Kane County Divorce Blog

Latest from Kane County Divorce Blog

Even after a divorce, it is important for parents to maintain their relationships with their children. This usually means that there is still contact with the other parent–even if it is hostile in nature. Sometimes, the relationship between former spouses is so hostile that one spouse will attempt to turn a child against the other spouse in an effort to retaliate against them or get revenge. In addition to being extremely damaging to the psychological well-being of a child, parental alienation is painful and confusing for the parent towards whom the alienating behavior is directed. A previously happy and…
Until fairly recently, couples in Illinois who were unable to conceive on their own had few options when it came to growing their family. Thankfully, modern medicine provides couples who have fertility challenges with many wonderful options for bringing a child into their loving home. A couple or individual exploring the possibilities may have some questions about which option is right for them. Those who long for a child must navigate the emotional complexities of their situation, and at the same time make careful legal decisions that will set up their family for success. Having an experienced lawyer on…
Child support can be difficult to negotiate for parents who are no longer in a relationship. Even after a child support plan is put in place, the parent who is responsible for paying child support may purposely or accidentally halt payments. Regardless of the reason for stopping child support payments, the receiving parent and child(ren) are put in a difficult situation when they cannot get the financial support they need. If the paying parent has stopped making payments, you have options to get the child support you need. Work Directly With the Paying Parent Try to work things out…
Parental financial support doesn’t necessarily end when a child turns 18. Although college may not be an option every child pursues, if a child does decide to go to college, divorced and unmarried parents could be responsible under Illinois law for sharing the expense of their child’s continued education. This is considered “non-minor support,” and the law in this regard is complex and less developed than child support for minor children. Typically, college expenses are addressed in a divorce agreement (or parenting agreement, for non-married parents), but as the expenses and expectations of college change rapidly, such an agreement…
When going through a divorce, you may not have future consequences at the top of your list of priorities. Many people either forget about the long-term consequences of divorce or ignore them. Either way, not considering the long-term impact of your decisions can cause more stress in the long run. The downfall for many people going through a divorce occurs during the asset division process. You may be focused on your assets and fighting to get what you believe you deserve in the moment, but it is also necessary to understand the long-term effects of your decisions, including the…
When you are going through a divorce, it can feel like the list of things you have to do is neverending. There are dozens of issues that must be addressed before you can finalize your divorce, and resolving them often takes some time. The day you are finally able to sign your name on the dotted line is the day that you can officially say you are divorced—a sigh of relief for many. But what happens when you suddenly remember something that was left out of the divorce agreement? Can you go back and amend your agreement, even…
Your marital status does not directly affect your credit score. However, that does not mean that it cannot affect it indirectly. It is not uncommon for a person to notice a difference in their credit score during and after a divorce because of all of the financial changes that this process brings. Having a decent credit score is important for a variety of reasons. Your credit score is how lenders determine whether or not they will do business with you. If your credit score takes a hit, you could have difficulty purchasing a vehicle or home, renting a place to…
Even after taking all of the necessary steps to ensure a child support order that accounts for all of your children’s needs, things can change. After all, it has been said the only constant thing in life is change. When your child’s needs or your financial situation has changed, you can request a review of your child support order to determine whether a modification is necessary. A judge will usually only find a modification necessary if they determine that a “substantial change in circumstances” has occurred. But what does that actually mean? Understanding what the court considers a substantial change…
Sometimes, things just do not work out the way that you planned, and the only thing you can do is to find a way to remedy the situation. When a marriage does not work out, divorce is usually the result. Divorce can happen to anyone, no matter your age, educational attainment, or socioeconomic status. However, couples who have a high net worth often experience different issues and difficulties that other couples may not face. Getting a divorce when you have a high net worth can be demanding and stressful. Having a clear understanding of the divorce process as a high-net-worth…
Nobody ever thinks that they will become a victim of domestic violence until it happens to them. Unfortunately, domestic violence happens much more frequently than you may expect. According to the National Coalition Against Domestic Violence, more than 10 million people in the United States are victims of domestic violence each year. In 2019, there were 193,800 domestic violence calls made to the Chicago Police Department alone, along with 24,400 calls made to the Illinois Domestic Violence Hotline, according to data from The Network: Advocating Against Domestic Violence, an organization dedicated to helping victims of domestic abuse. Many victims…
A prenuptial agreement (prenup) is a premarital contract regarding a couple’s property and assets, including how they will be handled in the event of a divorce. To be legally enforceable in our state, a prenuptial agreement must conform to the legal requirements contained in the Illinois Uniform Premarital Agreement Act. Even a seemingly small error could render a premarital agreement unenforceable. Here, our family law attorneys highlight four of the most common reasons why prenups are deemed invalid in Illinois. No Formalized, Written Agreement In some circumstances, you do not necessarily need a written agreement to have a valid…
Going through a marital separation is always challenging—even more so if you find out that your spouse is wasting money or property immediately prior to the divorce. The intentional or reckless waste or abuse of marital property is called the dissipation of assets, and it could be grounds for a remedy in the division of property. As you prepare for your divorce, here are the most important things you should know in order to recognize and address the dissipation of assets if necessary. How Does Illinois Define Asset Dissipation? In Illinois, the dissipation of marital property is…
If you are involved in a family law dispute—a divorce, a child custody case, a disagreement over child support, etc.—you may need to go to court to obtain a fair and just resolution. When in family court, it is essential that you are able to present a strong, well-supported case. In some circumstances, expert witness testimony may be needed. Here, our attorneys explain the important things you should know about using expert witnesses in a family law case in Illinois. Expert Witnesses Provide Context and Clarity For Complex Matters Witness testimony is an important form of evidence in…
Dividing property in a divorce is never easy, particularly when it comes to complex financial assets, such as retirement benefits or a retirement account. This raises an important question: How do we divide retirement assets in a divorce? A special type of legal order known as a Qualified Domestic Relations Order (QDRO) offers a solution. In this article, our divorce lawyers provide an overview of QDROs and explain how they can be used to protect your financial interests. Understanding the Basics of QDROs A Qualified Domestic Relations Order is a tool that a divorcing couple can use to effectively and…
Parents have a legal responsibility to provide financial support to their children. In Illinois, child support obligations are calculated based on state guidelines that look primarily at each parent’s income. While these guidelines work well in many cases, there are exceptions. One possible exception is a case in which a parent’s actual income differs substantially from what they could be earning. Imputed Income Explained Whenever reasonable, the Illinois child support calculation will account for each parent’s actual income at the time when the order is established. This helps to ensure a fair and equitable result, and it often provides protection…
In Illinois, parties to a divorce are often required to complete a financial affidavit. A financial affidavit is a legal document used to declare the income, expenses, assets and property, and outstanding debts of each spouse. Parties to a divorce have a basic duty to make full and transparent financial disclosures. Unfortunately, not everyone plays by the rules. If you believe your former partner is hiding assets, your rights are being violated. Fortunately, there are tools you can use to help uncover property and assets that are being improperly concealed by your spouse. How Do I Know if My…