Posted on June 13,2022 in Child Support

While divorce is difficult for most couples, it can be especially challenging for parents who share children. There are many considerations, such as child support payments, custody, and visitation arrangements. However, parents feel blindsided when unexpected expenses pop up after the divorce is finalized. If you and your partner share custody of the children and are equally invested in them financially, emotionally, and physically, extracurricular costs could pop up from time to time. Here is a list of five unexpected expenses parents may have to split following a divorce. 

College Tuition

In Illinois, age 18 deems a child an adult, as long as the child has graduated from high school, meaning parents are no longer required to support them financially. However, like many laws, the end of child support payments comes with a catch. Parents often have to extend child support payments throughout a non-minor child's post-secondary education. Illinois courts require parents to pay for a child's educational wellbeing, including their college tuition and expenses. For example, parents will have to cover the costs of attendance, rent, and essentials for the college child.

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 Posted on June 06,2022 in Illinois Divorce

A divorce can be unsettling for all family members, especially for children. Parents may worry that changes following a divorce can lead to lasting emotional trauma for their kids. Many lifestyle changes can confuse young children, and it is essential for parents to try to provide stability during the divorce process and after the marriage has been dissolved. Parents looking to provide stability and maintain a successful routine for their children post-divorce should encourage a structured routine, communicate about co-parenting rules, and encourage open dialogue with their kids. 

Stick to a Structured Routine

According to Head Start, the Early Childhood Learning and Knowledge Center, everyday activities and routines can comfort children during uncertain times. As parents make decisions regarding child custody, living situations, and division of parenting time, children may feel worried that they are losing quality time with one parent over another or fear the loss of familiar family routines. Ways to incorporate familiar activities into children's lives during the divorce process include:

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 Posted on May 31,2022 in Illinois Divorce

When couples find themselves fighting and preparing for a divorce, one spouse may choose to leave home. In Illinois, the family home will usually be considered joint marital property, meaning it—or it’s value—will be considered and divided between the spouses during the divorce judgment. However, in some highly volatile cases, one spouse might pose a severe threat to the other family members. Even though a shared house may be joint property and subject to being divided equitably in a no-fault divorce state, there are ways for spouses to remove a partner from the family home when necessary.

Illinois Petition for Exclusive Possession

The governing law that dictates marriage dissolution and the divorce process in Illinois is the Illinois Marriage and Dissolution of Marriage Act (IMDMA). A petition for exclusive possession of the shared property is detailed for certain circumstances within this act. If a spouse felt that their partner posed a serious threat by staying in the home, they could file for exclusive possession and legally force their partner out of the house. To meet these criteria, a spouse would have to prove to the court that their partner poses a legitimate threat to the physical, mental, or emotional health of the other individuals living in the home. 

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 Posted on May 23,2022 in Paternity

Establishing paternity in Illinois is essential for many reasons. Not only do parents have legal rights to their children, but many parents wish to establish legal parentage as a way to feel bonded to their children. If the parents of a child were unmarried at the time of the birth, a father would have to obtain legal paternity. With paternity comes legal rights to the child, including custody and the ability to make crucial decisions throughout the child’s life. 

What is Paternity?

Paternity is the legal term for the relationship between a father and child. When a mother gives birth, there is no question that the child belongs to her. However, there is no natural way to determine the father of a child without established paternity or a DNA test. Paternity does not always refer to the biological father, either. A parent can obtain legal rights through adoption. 

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 Posted on May 15,2022 in Illinois Divorce

Lies during the divorce process can seriously impact an individual's future and the outcome of their divorce. Exaggerating or falsifying legal documents during your divorce is a crime, leading to severe repercussions. Divorce attorneys can hire forensic accountants and other skilled specialists to look into a bank account and determine if there are hidden assets or falsified financial information. Here are common ways divorce documents are falsified and how hidden information can affect the outcome of your divorce.

Common Ways Divorce Documents are Falsified 

Perjury is commonly portrayed as lying during testimony on the witness stand, but there are other ways to perjure yourself in the court of law. Another common form of perjury occurs through falsifying court documents. Partners often lie in divorce cases to withhold shared assets or hide finances. In the case of divorce, perjury can be split into two main categories — direct and indirect acts. Direct acts of perjury include an individual explicitly lying. For example, a spouse claims they do not own any property besides the marital home, but there is a deed for another property with their name on it. Indirect perjury includes not sharing the entire truth. This form of perjury can look like undervaluing an asset to hide money. For example, a spouse values their business at $100,000, but an appraisal shows the company was worth $200,000.

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 Posted on May 07,2022 in Illinois Divorce

Many lifestyle changes occur following a divorce, from living arrangements to property division. If you recently completed a divorce, you may have questions regarding how this significant change affects different areas of your life, including how to file for taxes as a single individual. Tax considerations are often addressed directly in the divorce decree before entirely dissolving the marriage. However, individuals may still have questions regarding how to make tax filing changes or how a divorce will affect their tax refund at the end of the year. 

Filing Taxes Separately 

Whether or not a couple in the process of getting divorced can file their taxes jointly depends entirely on when the divorce is finalized. Suppose the spouses are still legally married before the last day of the year, December 31. In that case, the Internal Revenue Service (IRS) still recognizes the individuals as a legally married couple, and they have the option to file taxes jointly. Once the divorce is finalized, the IRS will require that taxes be filed separately for that tax year. 

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 Posted on April 30,2022 in Child Custody & Allocation of Parental Responsibility

When an individual becomes a parent, they are generally entitled to certain rights regarding their child. However, there are a variety of circumstances that can result in a parent losing their parental rights in Illinois. From undetermined paternity to a lack of parental fitness, an individual’s right to parent their child can be revoked. Suppose you have had your parenting rights taken away. In that case, a family attorney can help you uncover your options towards establishing custody, parenting responsibilities, or visitation time with your child.   

Lack of Parental Fitness

In order to understand how the state can revoke parental rights, it is crucial to be familiar with parental fitness guidelines. Being a fit parent includes having the physical, emotional, and mental ability to care for your child. Ways that a parent can be deemed unfit include: 

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 Posted on April 19,2022 in Child Custody & Allocation of Parental Responsibility

One of the toughest but most important parts of an Illinois divorce is creating a parenting agreement that suits both parents’ needs as well as the children’s best interests. Parents must often get creative and curious when creating a parenting plan because both spouses are sure to have strong opinions about what is likely to be the best arrangement. 

An important part of every Illinois parenting time arrangement is the right of first refusal - or, in other words, the obligation either or both parents have to seek child care from each other rather than a third party under certain clearly delineated circumstances. If done well, the right of first refusal can benefit children as well as divorced parents. Here are three ways your kids might benefit from a great right of first refusal clause. 

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 Posted on April 11,2022 in Illinois Divorce

Couples have to make many difficult decisions throughout the divorce process, including division of shared property, determining child custody and parenting time, and choosing who will remain in the family home. These choices present a challenge for many spouses, and the process of reaching a mutual decision is often contested. However, once couples have made a joint decision on all of the necessary factors following a divorce, there is another process to follow before the marriage can be fully dissolved. Couples must develop a Marital Settlement Agreement and prepare for a conference with their spouse. 

What is a Marital Settlement Agreement? 

After all of the difficult decisions have been made and agreed upon, couples must solidify the information in what is known as a Marital Settlement Agreement, also called an MSA. This agreement outlines all pertinent information that will make up the divorce decree, a legally binding document that expresses all of the required actions following the divorce. The MSA will include:

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 Posted on April 05,2022 in Illinois Divorce

Going through a divorce can be both complicated and frightening for many couples. Choosing to dissolve a marriage is emotionally taxing, and the complex legal proceedings can leave some individuals feeling lost — especially stay-at-home spouses. It may seem to be common knowledge that the partner in a relationship who is the primary caretaker will be awarded more assets during the divorce. However, Illinois places a firm emphasis on an equal division of property between both partners. If you are a full-time parent or homemaker preparing for divorce, here are three financial factors to consider.

Requesting Spousal Support 

Spousal support, maintenance payments, and alimony refer to the same concept — creating an income stream for the stay-at-home spouse following the divorce. When an individual does not have the means to be financially independent of their spouse, divorce can seem like a distant option. However, spousal support can provide monetary security for the home-based spouse. Spousal payments may be awarded if:

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