Posted on November 23, 2016 in Spousal Support

When you are required to pay alimony—also known as spousal maintenance under Illinois law—your payments are intended to help your former spouse alleviate some of the financial impact of the divorce. To a certain extent, maintenance is also used to help an economically disadvantaged spouse retain a semblance of the lifestyle the two of you enjoyed during your marriage. But, what happens when your spouse meets someone new? Could his or her new relationship affect your requirements for continuing spousal support payments?

An order for spousal maintenance is typically set for a specific number of months or years. Alternatively, the payments may be ordered to continue on a permanent basis. “Permanent,” however, only means that there is no date set on which the order will be terminated. It does mean that the payments will continue forever no matter what. There are certain factors or occurrences that could allow you to stop paying maintenance to your ex-spouse despite a permanent award.

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 Posted on November 18, 2016 in Divorce

Over the last several decades, American society has become much more accepting of divorce than in previous generations. In fact, one could even argue that it has become too accepted. Many of us now speak of divorce very casually, as if it that is something that happens to just about everyone. The reality is much more painful, however, when you are facing the possibility of your own divorce. It is no longer something that happens all the time; it is a major life event that can have long-term effects on your future and that of your children. If you are considering a divorce, you owe it to yourself, your children, and your spouse to be absolutely certain that you are making the right choice.

The Healing Process

For many individuals faced with a likely divorce, they begin to move on as soon as the process begins. If you definitively tell your spouse that you want a divorce, there is no taking it back. You may change your mind, but if you do, your spouse’s ability to trust your word may be greatly diminished going forward. Do not say you want a divorce until you know it is true. This way, you and your spouse can begin to heal in your own ways, even as the proceedings are ongoing.

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 Posted on November 16, 2016 in Divorce

Nearly every American adult has heard the phrase “irreconcilable differences.” It is used as not only the basis for most divorces—all of them now, under Illinois law—but also as the basis for personnel moves in corporate settings and business decisions. While one might define irreconcilable differences as “agreeing to disagree” writ large, the use of the concept in divorce law is a bit more complex than most people realize.

Due, in large part, to unfamiliarity with the law, many people presume that when the time comes for a couple to cite a reason for their divorce, they simply write “irreconcilable differences” on the appropriate form or document. The reality, however, goes beyond the fact that the couple is struggling to get along, as—despite the commonplace nature of divorce—the state of Illinois still recognizes the importance of the marriage contract.

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 Posted on November 11, 2016 in Child Support

Are you a divorced parent who struggles with the limited amount of parenting time that you have been allocated with your child? Such a situation is understandably frustrating for anyone. Even parents who are fortunate enough to share parenting time equally often do not feel that it is enough. These parents are not being selfish; rather, they truly believe that the time they spend with their children offers substantial benefits for everyone involved. There is, however, another frustrating element of shared parenting time that effects many parents: child support. It can be very disheartening to assume responsibility for your child half of the time or more but still be required to make child support payments.

No Current Correlation

As the law in Illinois exists today, there is no statutory relationship between child support requirements and parenting time or parental responsibilities for divorced or unmarried parents. The considerations for each are completely independent of one another, at least as far as the letter of the law is concerned.

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 Posted on November 09, 2016 in Property Division

During a divorce, questions often abound regarding which of the spouses’ assets will be considered marital property and, therefore, subject to division. As with most aspects of divorce, the law itself is relatively straightforward but its real-world application is often very complex. If you are considering a divorce, you should know what the law says and how it applies to your particular case.

Legal Definitions

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) contains virtually all of the statutory provisions that govern the process of divorce in the state. The IMDMA specifies that, for the purposes of a divorce, marital property refers to “all property, including debts and other obligation, acquired by either spouse subsequent to the marriage,” with certain exceptions. These exceptions include:

• Property acquired by gift or inheritance;

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 Posted on November 04, 2016 in Child Custody

If you are a divorced, separated, or unmarried parent, holidays can present a number of rather unique challenges. In most families, holidays are a time for getting together with loved ones, many of whom who have not seen one another in some time—possibly since the same holiday last year. Of course, parents want their children to be part of the festivities and to visit with family members who may have traveled a great distance for the occasion. If you are subject to a shared parenting agreement, however, it may take some negotiation to figure out where your children will be spending the holidays.

Do Not Wait

While November may have only just started, Thanksgiving is less than three weeks away. This means that you and your child’s other parent should not delay in making plans regarding your holiday parenting time. The first thing you should do, however, is to check your existing parenting plan document, as many such plans contain a holiday parenting time schedule created years in advance to reduce confusion. If your plan does not include a holiday schedule or provides that you will negotiate a reasonable agreement each year, it is time to start preparing for winter holidays.

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 Posted on November 02, 2016 in Child Custody

There are many scenarios that could lead to you having significantly less parenting time with your child than the other parent. Perhaps you were not married when your child was born and the court granted the other parent all of the decision-making responsibilities for the child and most of the parenting time. Or, maybe at the time of your divorce, you had serious issues with anger or showed signs of alcohol abuse, leading the court to limit the danger to your child. Whatever the reason may be, if you have precious little time with your child, you want to make the most of it. If the other parent is making it difficult for you to exercise your right to parenting time, a qualified family lawyer can help.

Get Things in Writing

Being denied access to your child can incredibly frustrating, especially if it is being done out of spite or anger. A finding of danger by the court is one thing, but the unsanctioned actions of the other parent are not acceptable. The first thing you should do if your parenting time rights are being unfairly limited is to keep a record of all communication between you and the other parent. Using emails or text messages instead of phone calls or in-person conversations can provide the documentation you may need down the road. If you ask to see your child and the other parent refuses, document his or her response. Failure by the other parent to comply with your court-ordered parenting arrangement could result in serious consequences for him or her.

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 Posted on October 28, 2016 in Divorce

When a marriage has reached a certain point, each spouse is at a crossroads of their own. You and your partner have the ability to decide whether to work together on improving the relationship or to admit that nothing more can be done to save the marriage. Obviously, the decision to work on reviving the marriage requires both of you to be on the same page and pulling in the same direction overall. If both of you choose to end the marriage, the divorce process can begin without delay. What happens, however, if you are ready for a divorce but your spouse wants to keep fighting for the relationship?

Be Absolutely Sure

Before you tell your spouse that you are ready for the marriage to be over, you need to be completely certain that is what you want. A divorce is a life-changing event that can lead to serious emotional reactions and psychological effect for years to come. When ending a marriage is necessary, such challenges are an accepted part of seeking new, post-divorce life, but it is not fair to you or your spouse for you to be casual about your decision. Talk to a counselor or a spiritual advisor become making your decision. Remember, if fixing your marriage does not work, divorce will always be an option, but the same is not true in reverse.

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 Posted on October 21, 2016 in Child Custody

The decision to file for divorce is always a difficult one, but the challenges are often magnified when the situation involves children. While issues like marital property and spousal support are certainly important, the future of your children and your parental rights should never take a back seat to more material concerns. The judge overseeing your divorce has authority under the law to issue orders regarding your children, but the process should begin with the two people who know your children the best: you and your soon-to-be ex-spouse.

Statutory Encouragement

The Illinois Marriage and Dissolution of Marriage Act presumes that divorcing parents will have an interest in developing a parenting plan that fits their individual circumstances and serves the best interests of their children. Therefore, divorcing parents are expected to draft and submit a proposed arrangement to the court. Each parent may draft a separate plan or the parents can work together on a single proposal. If the parents submit a jointly-drafted plan, the court must review it to be sure that it is reasonable and that the child’s interests are fully protected.

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 Posted on October 14, 2016 in Divorce

Do you know a couple who intentionally chose to get married on a particular date based on how the month, day, and year coincided—January 2, 2003, for example, often written as 1/2/03? Or perhaps you know a couple who plan to get married on Valentine’s Day. While such choices are often seen as quirky or romantic, new research suggests that couples who marry on dates that may be considered gimmicky could be at a higher risk for divorce than those who choose more traditional dates.

Australian Study

Economists at the University of Melbourne in Australia were interested in learning more about the impact that a couple’s wedding day could have on the future of the marriage. The team cited previous research suggesting that expensive weddings and pricey engagement rings increased the risk of divorce while well-attended weddings with formal ceremonies decreased such risks. Looking to expand these ideas, the Australian team looked at more than one million Dutch marriages from 1999-2013 and examined how the choice of a wedding date fared for couples on average.

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