Posted on February 02, 2023 in Pet Custody

On average, people are putting off getting married and having children until their late twenties and early thirties. In addition to giving people more time to accumulate assets of their own, those who wait until later to get married may be more likely to have pets when they enter the relationship. Other times, a couple who is already married might test their ability to keep a helpless creature alive by getting a pet before they commit to trying to have a baby.

However you come to pet ownership, one thing is certain: If you and your spouse end up getting divorced, you do not want your divorce to impact your ability to spend time with your beloved pet. Savvy couples are finding ways to protect their pets from divorce by signing a prenuptial or postnuptial agreement that details pet custody after divorce. How can a prenup or postnup manage a pet? Read on to find out, and then contact an Illinois family lawyer who can help you create an enforceable premarital agreement of your own.

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 Posted on January 31, 2023 in Modification of a Divorce Decree

A compromise leaves everyone unhappy, as the old saying goes, and nowhere is this more true than with a divorce decree. The hallmark of a good divorce decree seems to be that both spouses are left wishing they had more control over the outcome and that the terms of the decree benefitted them more personally.

Although certain parts of a divorce decree can only be changed in very rare circumstances, other parts can be modified to better suit your circumstances. However, it is important to know when a divorce decree modification petition is likely to be approved so you do not waste time or money on unsuccessful petitions.

Which Parts of a Divorce Decree Can Be Appealed?

The least likely part of your divorce decree to be appealed successfully is the property division part. This is because it tends to be the most unforgiving when it comes to modifications; after all, modifying a property division would require transferring money, investments, or real estate between spouses, all of which can be very expensive and time-consuming. The only time that a property division agreement has a chance of being modified is if the appeal is filed within 30 days of the original divorce decree being handed down, and only then if there was a serious error of fact or application of the law.

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 Posted on January 26, 2023 in Divorce Finances

One of the most challenging aspects of divorce is the need to divide assets and debts that a couple has accumulated during a marriage. A divorcee’s long-term financial stability can feel threatened by this process, as a typical divorce leaves both partners with less in asset ownership and cash savings than they had before the divorce. Naturally, this can have implications for retirement.

Those interested in getting divorced can rest easy, however, knowing that certain things are not changed by divorce. One of these is Social Security benefits, a major piece of one’s overall financial picture. Understanding what your benefits are likely to be can help you plan for the future and engage in wise financial negotiations.

Can My Former Spouse Draw On My Benefits?

If you have made substantially more money than your spouse throughout your marriage, you may be wondering whether your spouse can get their own benefits based on yours - and, more importantly, whether that will reduce the amount of benefits available to you. Whether your spouse can benefit from your work history will depend on a number of factors, but the most important thing to know is that, no matter what your spouse does, your personal benefits will not change. You cannot do anything to deny your spouse benefitting from your Social Security contributions, but their actions will not impact your benefits in any way.

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 Posted on January 25, 2023 in Divorce

No matter what your marital arrangements look like, parenting involves making significant sacrifices for your children. Unfortunately, some parents end up making major economic sacrifices to raise their children by staying home to provide childcare and then are left in a vulnerable position when they need to file for divorce. If you are in this situation, understanding your options for getting divorced is an important part of protecting yourself now and in the future.

Temporary Spousal Support

When only one spouse works outside the home, that spouse often ends up controlling most or all of a couple’s finances. That can make it very difficult for the stay-at-home spouse to know the family’s financial situation, to get money to move out or otherwise protect themself, or to feel empowered to hire an attorney to file for divorce.

Recognizing this, Illinois law does allow for the provision of temporary spousal support orders. However, these orders are not automatic and are not granted to every spouse filing for divorce; instead, a spouse needs to petition for temporary support and a judge will determine whether the circumstances merit an award. Some things the judge will consider include:

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 Posted on January 18, 2023 in Children

When children are facing the difficult reality that their parents are getting divorced, they might respond by internalizing the conflict between the adults. Most children are generally not privy to the many arguments behind closed doors and disagreements that the parents have had for many years. As a result, children may turn inward and blame themselves for their parents’ failing relationship, as well as for the divorce itself. While you might realize that your divorce has nothing to do with your child, they might not be so sure, and it is your job to help your child to stop accepting the blame.

#1: Talk Openly and Carefully

If a divorce is coming, you and your spouse should make every effort to speak with your child together about what will soon be happening. You must be very clear that the split is due to issues that you and your spouse have with one another. Your child did not break the marriage, and they cannot fix the marriage. Also, be sure to talk to your child in a manner that is appropriate for their age, including the details you choose to share. For example, it might be true that the stresses of child-rearing did cause damage to the relationship between you and your spouse. However, if you say that to your second grader, they could interpret that as you saying that he or she caused your divorce by simply existing.

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 Posted on January 09, 2023 in Paternity

Questions or disputes over paternity are very common, especially when the parents of a child have already separated or never had a formal relationship in the first place. Prospective mothers, who may be facing pregnancy and childbirth without a partner, are often torn between the benefits of establishing paternity and the drawbacks of establishing a permanent legal relationship between a child and a man whom she may not trust or know very well - or worse, that she fears.

If you are pregnant or recently gave birth to a child and are wondering whether the benefits of establishing paternity for your little one outweigh the potential risks, it is important to speak with an Illinois paternity lawyer who can help you explore your options and make an informed decision. If you do decide to move forward with a paternity suit, your attorney can help you manage that so you do not have to navigate the complex Illinois family court system alone.

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 Posted on January 05, 2023 in Child Support

College is notorious for being exorbitantly expensive; even if a child attends an in-state school, they could be paying tens of thousands of dollars a year to earn a degree in a field that may or may not have good prospects for future financial success.

Many parents, especially those who are divorced and who do not share values and priorities, are torn over whether the cost of sending a child to college is ultimately worth it. While parents who are still married cannot be compelled to pay for an adult child’s college education, many parents who are divorced may be surprised to learn than they can be. If you have a child approaching college age and you are wondering about your child support obligations regarding their university tuition, read on and then contact an Illinois adult child support attorney for advice in your specific case.

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 Posted on December 27, 2022 in Family Law

After parents of minor children get divorced or break up, they need to formalize several different categories of arrangements that will determine how the co-parenting process will work. This can involve a lot of frustration and negotiation as parents, who are often separating precisely because they have fundamental differences in values and judgment, struggle to reach an agreement about what is best for their children. 

One of the most common areas of conflict has to do with a child’s education. Where should the child go to school? Should both parents be expected to ensure a child’s homework gets done and turned in? What if one parent wants a private or parochial education for their child and the other does not? These are all important questions that need to be answered in a parenting plan, which will be approved by a judge and enforced by Illinois family law courts. 

How Do Co-Parents Make Decisions About a Child’s Education? 

The first thing that Illinois co-parents need to know is that important decisions about a child, like where she will go to school, are part of the allocation of parental responsibilities. The parenting plan will codify which parent makes decisions about the child’s education, healthcare, extracurricular activities, and religious upbringing. Sometimes parents share these decisions, sometimes one parent handles certain decisions while the other parent handles others, and sometimes one parent has all the decision-making responsibilities. 

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 Posted on December 22, 2022 in Divorce

In times past, people had to prove fault when they wanted to get divorced. This meant bringing evidence before the court that their spouse was abusive, cruel, neglectful, or had abandoned the family. Now, however, thanks to an updated family law code, the only “grounds” for divorce in Illinois is irreconcilable differences, meaning that the relationship has broken down and does not stand a chance of recovery. 

On a theoretical level, at least, most people would agree that infidelity is a good enough reason to end a marriage. When it actually happens, however, people often feel more torn; is one instance of infidelity enough to end a marriage, especially one that has gone on for many years, involves young children, and is generally happy? What about ongoing infidelity? While only you can answer this question, knowing a little about how cheating can impact divorce proceedings in Illinois may help you make the decision about divorce for yourself. 

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 Posted on December 16, 2022 in Divorce

The divorce rate in Illinois and across the nation is continuing to drop, and couples who do get divorced are generally doing so more deliberately than past generations. Because many Millennials and Gen Zers grew up watching their parents fight their way through miserable divorces and custody battles, these generations have shifted their focus to finding a more peaceful divorce process whenever possible. 

An uncontested divorce is one way that couples who want to get divorced can reach an agreement on important issues like property division, spousal support, and a parenting plan. However, even if you are sure you and your spouse agree on everything, it is important to work with an attorney to make sure your proposed agreement is both fair and within the bounds of the law. 

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