Posted on January 08, 2021 in Divorce

Drug and alcohol addiction is a huge concern throughout the United States, including in Illinois. Substance abuse problems such as alcoholism and opiate addiction have destroyed thousands of families. Other addictions such as gambling or shopping addictions can also have a devastating effect on a marriage or family. If you are thinking about legally ending your marriage, and your spouse suffers from an addiction, you may be worried about how your spouse’s addiction may affect your Illinois divorce.

Put Your Health and Well-Being First

If you are like many people who are married to a drug addict, alcoholic, or another type of addict, you have probably spent a great deal of time trying to help your spouse. You may have talked to your spouse about getting rehabilitative treatment, attending support groups, or going to counseling for his or her addiction. You likely spent months or years trying to help your spouse beat the addiction. Once you decide to end the marriage, you may need to learn to put yourself first. Divorcing someone with an addiction will likely be an emotionally exhausting experience involving a fair number of legal complications. That is why it is very important to make your mental health and well-being a priority during this difficult time.

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 Posted on December 18, 2020 in Divorce

If you are engaged to be married, you may be interested in learning about prenuptial agreements. Although they are often the subject of misconceptions and misunderstandings, prenuptial agreements are valuable legal tools that can serve a variety of purposes. A prenuptial agreement or “prenup” is a legal contract that describes spouses’ property rights and responsibilities. Signing a prenup means entering into a legally binding contract so it is important to educate yourself about the advantages and disadvantages of prenuptial agreements before agreeing to one. 

How Can a Prenuptial Agreement Benefit Me?

Prenuptial agreements are often associated with celebrity weddings or last-minute marriages. People may even assume that a prenuptial agreement is only necessary if a couple believes that the marriage will fail. However, more and more people are starting to realize that these myths are untrue and that prenuptial agreements can benefit them in many ways. Prenuptial agreements are becoming especially popular among the millennial generation.

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 Posted on November 13, 2020 in Divorce

If you are a parent who is recently separated or is planning to divorce, you probably have concerns about the upcoming holiday season. You may be especially concerned about how your children will deal with the holidays. Between COVID-19 concerns, remote learning at school, and your divorce, you may feel overwhelmed and unsure of how to make the best of the situation. Fortunately, there is a good deal of research about how to alleviate the stress caused by divorce and the holidays.

Make Detailed Holiday Co-Parenting Plans

Divorcing parents in Illinois must submit a “parenting plan” that describes how parental responsibilities and parenting time will be allocated to each parent. If the parents cannot agree on a parenting plan, the court may determine a suitable plan for them. If you have not yet filed for divorce, you may not have any formal parenting plans in place. In order to reduce the chances of conflict and confusion during the holidays, make a plan with your spouse ahead of time about how you will share custody. Include the days and times that the children will stay with each parent, how the children will be transported between homes, and other relevant information.

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 Posted on October 23, 2020 in Divorce

If you are a parent who is facing a breakup or divorce, you may struggle with the idea of splitting custody with your child’s other parent. When you are used to seeing your child on a daily basis, the thought of seeing him or her a limited number of days can be heartbreaking. In Illinois, divorcing parents are required to create a “parenting plan” that outlines arrangements for parental responsibilities and parenting time. One of the provisions in this plan is the “right of first refusal.” This provision may enable you to enjoy additional time with your child during the other parent’s absence.

Requiring Your Child’s Other Parent to Contact You Before Contacting a Babysitter

Parenting time, previously called visitation, refers to the time a parent spends directly caring for his or her child. If a parent cannot fulfill his or her parenting time responsibility because of a vacation, work obligation, or another reason, that parent may choose to hire a babysitter or ask a relative to watch his or her child. This can leave the child’s other parent frustrated and upset. The right of first refusal refers to a parent’s right to be informed about parental absences and given the opportunity to “refuse” additional parenting time. For example, consider a situation in which a mother has the children Monday through Friday and the father has the children on the weekends. The mother will be out of town on a work trip Monday and Tuesday. Because the parents’ right of first refusal provision dictates it, the mother is required to inform the father that she is going out of town and ask him if he wants to keep the children on Monday and Tuesday. If the father cannot watch the children those days, the mother is free to hire a nanny or find different childcare arrangements with other family members.

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 Posted on October 09, 2020 in Family Law

If you and your soon-to-be-spouse are thinking about creating a prenuptial agreement or “prenup,” there are several things you should keep in mind. Prenuptial agreements, when formed correctly, are legally binding contracts. These documents can address issues such as spousal maintenance or alimony, property rights, division of property and debt, and several other issues that will arise if the marriage ends in divorce. Prenuptial agreements are especially beneficial in situations involving individuals on their second marriages, blended families, or spouses with a large discrepancy in wealth. However, if a prenuptial agreement does not meet certain criteria or contains mistakes, it may not be legally enforceable.

Problems That Can Invalidate a Prenuptial Agreement

A prenuptial agreement that is executed correctly is a contract that spouses are bound to by law. However, some mistakes can render a prenup virtually useless. Some of the issues that lead to a prenuptial agreement being invalid include:

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 Posted on September 24, 2020 in Family Law

A divorce may require that child support payments continue for years after a married couple separates, and the Illinois Department of Healthcare and Family Services (HFS), Division of Child Support Services (DCSS) has the power to modify child support orders so that they reflect any changes in Illinois law and personal circumstances. Although divorce settlements may require a spouse to pay both spousal support and child support, any modification passed by the DCSS does not apply to spousal support orders.

Spousal support may also be eligible for modification, but you would have to bring that up with a different department. Navigating the complexities of the Illinois family court system can be challenging, so do not hesitate to reach out to a family law attorney with plenty of experience helping clients modify child support orders.

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 Posted on August 31, 2020 in Divorce

Retirement savings are some of the most valuable assets people can have, and dividing them during a separation or divorce can be complicated. Even with a precise division of assets defined in your divorce agreement, tax implications prevent that money from being dealt with properly. To get around this hurdle and ensure that a retirement account holder or provider can issue payments without the payee being penalized, you will need a Qualified Domestic Relations Order or QDRO.

When Is a QDRO Necessary?

A QDRO can apply to child support, alimony, or property rights, but divorcing couples use them frequently to instruct a retirement plan provider on how to adhere to the division of assets outlined in your divorce agreement. For this reason, many retirement plan providers have their own QDRO forms that you can submit. Most people will use these standard forms, but if the division of the account is complicated, you may want to draft your own QDRO. Regardless of whether you take advantage of existing forms or draft your own QDRO, you should enlist the help of an experienced divorce attorney to fully protect your interests.

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 Posted on August 27, 2020 in Family Law

Domestic violence is a serious offense, and Illinois law treats it accordingly. One of the worst elements of the COVID-19 pandemic is how stay-at-home restrictions have led to a rise in domestic violence cases. Many people who relied on the flow of everyday life before COVID-19 to help avoid abusers now find themselves in dangerous situations. However, not all domestic abuse claims are true, and you should be prepared to develop a strong defense if you are accused of domestic violence. Whether an accuser does not fully understand the scope of domestic violence law in Illinois or he or she is making false accusations, the outcomes can still be serious. A domestic violence attorney who is well-versed in all aspects of family law will increase your chances of winning your case, so begin working with one as soon as you can.

Worldwide Domestic Violence Rates

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 Posted on July 22, 2020 in Maintenance

Many divorce settlements include terms for spousal support, where one former spouse provides financial support to the other until they can fully support themselves. Spousal support, also known as alimony or spousal maintenance, can be made in regular payments or a lump sum. The terms, either agreed to in mediation or ordered by a judge, are legally binding. There are a few ways that a court will enforce a failure to adhere to your alimony payment schedule. If your ex falls behind on spousal maintenance payments, contact a divorce attorney before acting.

Enforcing Court-Ordered Spousal Support

Before bringing your case to court, you should try to communicate with your ex-spouse to find out if there are any circumstances preventing him or her from making payments. Common reasons include the recent loss of a job, illness, and injury. If your former spouse is willing to cooperate, you can form an agreement until he or she is capable of catching up with the payments. For instance, you both could suspend alimony payments until the paying-spouse returns to work. You should have an attorney draft this agreement. Informal contracts can lead to misunderstandings and difficulties in court if you need to opt for that route.

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 Posted on July 08, 2020 in Divorce

Although it is not pleasant to think about right before your wedding, a good number of marriages will end in divorce. Because of this reality, planning for that possibility could save you a lot of trouble in the future. Of course, if you and your soon-to-be spouse never end up separating, your prenuptial agreement (prenup) will not weigh you down in any way. However, if you do file for divorce and do not have a prenup, settling the terms of your separation will be a lot more difficult than it needed to be.

What Can a Prenuptial Agreement Do for My Marriage?

The basic idea of a prenuptial agreement is to decide, in advance, how a couple will divide property and assets upon their divorce. Although you create a prenup before marriage, it does not take effect until the date that you get married. If you end up in court for divorce litigation without a prenup, a judge can decide how to divide your assets between you and your spouse.

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