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Parents of minor children who are getting divorced in Illinois (as well as parents who were never married but who share a minor child) will suddenly find that their parenting abilities and habits are under a magnifying glass. Things that seemed fairly mundane before, such as spending time with the children, making important decisions or deciding to move for a new job, are now under tight restrictions detailed at great length in a legally-binding parenting agreement. 
To make sure that you give your children the best chance of success after a divorce, and to ensure you do not run afoul
Continue Reading What is the Difference Between “Parental Responsibilities” and “Parenting Time” in Illinois? 

Even as the negative consequences of using social media become increasingly clear, nearly everyone has a social media account on at least one platform. And while social media has been shown to have a negative effect on marriage, perhaps the effects of inappropriate social media use during an Illinois divorce can be even worse.
In fact, inappropriate social media behavior is so prevalent and so useful when it comes to arguing a divorce case that the American Academy of Matrimonial Lawyers states that 81 percent of divorce attorneys say that social media has helped a divorcing spouse search for evidence
Continue Reading Can My Ex Use Social Media Posts Against Me In Our Divorce?

Most Illinois couples start their marriage with high hopes for a lifetime of love and happiness. Unfortunately, certain characteristics and behaviors often do not come out until spouses are married and comfortable letting their guard down. This makes certain personality disorders very hard to detect before marriage and devastating to endure once they begin. 
Borderline personality disorder, narcissistic personality disorder, histrionic personality disorder and psychopathy affect a relatively small percentage of the population yet are common enough that extensive research has been done about how these personality disorders affect the ability to form and sustain healthy relationships. If you are
Continue Reading Four Tips for Protecting Yourself During Divorce When Your Spouse Has a Personality Disorder 

For most of American legal history, mothers held a decided upper hand in a divorce regarding child custody arrangements. According to the “tender years” legal theory, young children needed their mothers more than their fathers. Millions of fathers lost out on crucial years with their children, making it hard to ever recover a fully developed relationship when the children became older.
Today, Illinois family law takes care not to favor one parent over the other–in theory, at least. Although judges are charged with applying the law regardless of their personal beliefs, personal values and biases can still impact a judge’s
Continue Reading Do Fathers Face Bias in Illinois Divorce Courts? 

Spouses in Illinois often get divorced because abuse or neglect exists in the marriage. Sometimes, such behavior is directed towards a couple’s children even before the couple decides to separate. Other times, fears of child abuse may suddenly arise after a child comes back from spending parenting time with their other parent and something seems terribly wrong. Regardless of how the issue arose, it is essential to take your hunches about child abuse or neglect seriously. If you are in this situation and wondering whether the situation may justify a parenting agreement modification, read on. 
Do I Need to
Continue Reading What Should I Do if I Believe My Ex is Abusing Our Children After Our Illinois Divorce? 

If you or your future spouse own a business, you know the hard work and dedication it takes to be an owner. As you are approaching your marriage, you may have questions about the impact that getting married  may have on your business. To protect your business’ assets and clearly and legally establish what is and is not marital property, you and your spouse may choose to sign a prenuptial agreement. No one wants to think about divorce before they are even married, but having a prenuptial agreement in place, especially when a business is involved, can provide peace
Continue Reading Can a Prenuptial Agreement Protect My Business in Illinois?

If you have been through a divorce and have children, you may be the recipient of child support payments, or you may be the one making the payments. The initial payment arrangement is either agreed to during the divorce process or through a court order by a judge ruling on the issue. It is based on certain factors, including the combined income of the two parents, how many children are being supported, and local cost of living charts. However, the courts recognize that living situations can change post-divorce. Child support modifications are available for many changes in post-divorce circumstances, and
Continue Reading What Happens Regarding Child Support Payments If One Parent Loses Their Job?

Fathers who are involved in family law court cases usually want to make sure their parental rights will be protected. When a married couple with children gets divorced, both parents will usually have the right to share custody (now known as “parental responsibilities” in Illinois) of their children. However, if a child’s parents are unmarried, the father likely may first need to establish paternity before he will have any legal child custody rights. By understanding when it may be necessary to establish paternity and the rights that will apply to parents and children in paternity cases, fathers can make
Continue Reading How Establishing Paternity Can Protect a Father’s Rights

While a spousal maintenance award will not be made in every divorce case, such an award may be appropriate in cases where one party will require financial support in order to maintain their standard of living. For example, if one spouse is a stay-at-home parent, they may ask for their ex-spouse to provide them with ongoing support payments to ensure that they will be able to meet their financial needs as well as maintain a residence where they can continue to provide care for their children at home during the day. While arrangements for spousal support may address a person’s
Continue Reading Can a Spousal Maintenance Order Be Modified Following a Divorce?

Over the past several years, more and more people have begun to invest in virtual currencies, which are also commonly known as cryptocurrencies. Bitcoin, Ethereum, and a multitude of other cryptocurrencies may be bought, sold, and transferred, and since these transactions take place online, they can sometimes be hard to track. Since virtual currencies can be valuable, they may need to be considered in a divorce case. In some cases, spouses have attempted to use cryptocurrency to hide money from their partners and avoid dividing these assets during the divorce process. 
Addressing Cryptocurrency When Dividing Marital Property
When a couple
Continue Reading Can Cryptocurrency Be Used to Hide Assets During a Divorce?

When a child’s parents split up, family law courts which address issues related to child custody will be looking to protect the child’s best interests. In addition to making decisions about where a child will primarily live, how involved each parent will be in raising the child, and when the child will spend time with each parent, the court will also ensure that the child’s financial needs will be properly addressed. Child support obligations will apply to both parents, and these obligations will be determined based on the amounts of income the parents earn. The parents may also be required
Continue Reading Can Child Support Be Modified Because of Changes to a Parent’s Income?

A divorce case will involve a number of different types of financial issues. Depending on the complexity of a couple’s finances and the marital and separate assets they own, determining how to divide marital property can be a complicated process. Retirement accounts are one type of property that may need to be addressed during the divorce process, and couples will need to make sure they understand the issues that may affect how these accounts will be divided. 
Division of 401(k) Accounts, IRAs, and Pensions
Retirement savings accounts may be valuable assets that a person will rely on to provide for
Continue Reading How Are Retirement Accounts Handled During an Illinois Divorce?

Most people are familiar with the concept of a prenuptial agreement, or prenup. These types of agreements are signed by couples before getting married, and they may address issues related to the ownership of property and decide how certain matters will be handled if the marriage ends in divorce. What some people may not realize is that a couple can also create a similar type of agreement after they are already married. These agreements are known as postnuptial agreements, or postnups. By understanding the situations where a postnup may be beneficial, a couple can determine whether creating this
Continue Reading 3 Reasons Why You May Want to Create a Postnuptial Agreement

After getting a divorce, you may be looking for a fresh start, or you may be considering a new direction in your life. This may include plans to relocate to a new home in a different community. While this can be a beneficial change that may allow you to cut down on expenses, pursue new career opportunities, or live closer to members of your family, you will want to be aware of any legal issues that may affect your ability to move. If you share custody of your children with your ex-spouse, you will need to follow certain steps
Continue Reading What Steps Do Divorced Parents Need to Follow When Moving to a New Home?

If you are planning to get a divorce, your ability to support yourself financially will likely be one of your primary concerns, especially if you earn a lower income than your spouse or are a stay-at-home parent. As you make plans to address your living situation and determine how you will cover your ongoing expenses, you will want to determine whether you will be able to receive financial support from your spouse. Spousal maintenance, which is also known as spousal support or alimony, may be available, but to receive this form of support, you will usually need to demonstrate
Continue Reading How Can I Show That I Should Receive Spousal Support in My Divorce?

A divorce will affect the finances of spouses in multiple ways. During the divorce process, spouses will need to identify all of the marital assets they own and determine how these assets will be divided. The property division process can become especially complex if either spouse owns a family business. Because a business may be one of the most valuable assets a couple owns, and it may serve as a source of income for one or both spouses, a couple will need to determine how ownership of a business will be handled going forward.

Options for Ownership of a Marital
Continue Reading How Is Ownership of a Family Business Handled During a Divorce?