Posted on July 31, 2024 in Child Custody

Homeschooling, once a fringe alternative to public and private schools, has become the fastest-growing form of education in the United States. At least five million K-12 children in the U.S., or 11.1 percent, are educated at home. Homeschooling has exploded since the pandemic, particularly among minorities. 

However, there are still plenty of parents who feel homeschooling is not the right move for their child. Home education can thus become a thorny disagreement for divorced parents who have opposing views on the subject. Ultimately, the decision will depend on how the parental responsibilities are divided, which this article will discuss. Consult an Illinois child custody attorney if you have disagreements with your ex-spouse that may affect your child.

What Are Parental Responsibilities?

There are two components to child custody. There is physical custody, which Illinois law calls parenting time, and there is legal custody, which Illinois law calls parental responsibilities. Parental responsibilities refer to a parent’s obligation to make major decisions for the child, namely in the following three areas:

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 Posted on July 30, 2024 in Family Law

Child support is a legal measure that courts use to make sure children’s needs are met after a divorce. Both parents are usually obligated to pay child support, though how much they pay depends on factors like custody arrangements and annual income. When a judge orders child support payments, it is after considering the child’s educational and developmental needs. These include any disabilities that might require extra care.

Parents may stop paying child support payments in certain cases, though you should always check with an Illinois child support attorney before you stop making child support payments.

When Can I Stop Paying Child Support?

Parents are usually absolved from paying child support in the following cases:

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 Posted on July 25, 2024 in Children and Divorce

Going through a divorce and adjusting to life afterward is usually challenging for both spouses. While you may seek support for yourself, it is important to remember that the divorce process can have even more difficult effects on your minor children. A child’s emotional confusion and turmoil is often expressed through changes in behavior.

Understanding the underlying causes of these behavioral issues can help you address them more effectively. Co-parents need to be consistent to increase their chances of successfully dealing with and eliminating their child’s unhealthy behaviors. The right Kane County, IL child custody lawyer can help you draft a comprehensive parenting plan that establishes parental responsibilities and clear communication methods for parents to discuss issues involving your child.

Why Do Children’s Behaviors Sometimes Change During Divorce?

Children have specific needs, and divorce often disrupts their lives. Some of these needs change as children grow, so a child’s age is an important factor in behavioral changes. Many children are unable to process the confusion, stress, and emotional turmoil that often accompanies divorce. When internal processing is not possible, children may express their feelings through changes in behavior, such as:

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 Posted on July 22, 2024 in Asset Division

People who decide to get divorced face many unknowns, particularly when it comes to property division. When two people dissolve their marriage, the law entitles both of them to marital property. Also referred to as marital assets, marital property is anything that was acquired during the marriage. There are some exceptions to this rule, but most possessions gained after the wedding belong to both spouses.

The operative question, then, is how is this marital property divided? Who, for example, gets the family car? This article will discuss that question and the mechanics of property division. Be sure to speak with an Illinois divorce attorney if you have any questions about dividing property in an Illinois divorce.

How Is Property Divided in an Illinois Divorce?

Illinois law is relatively vague about how property should be divided in a divorce. It does, however, tell us the following:

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 Posted on July 22, 2024 in Divorce

When people think of the divorce process, they often imagine arguing their case before a judge. This is called litigation, and it is considered a traditional way to dissolve a marriage. It is also, however, considered a last resort. A court battle between two divorcing parties can be extremely costly and time-consuming, which may be why only five percent of divorces end up in litigation.

Most divorces are settled out of court in a process called alternative dispute resolution. There are two main types of alternative dispute resolution used for divorce settlements:

• Mediation

• Collaborative divorce

While mediation is more common, collaborative divorce is also rising in popularity. Both are best done with the help of an Illinois divorce attorney. This article will discuss what collaborative divorce is and its pros and cons.

What Is Collaborative Divorce?

Collaborative divorce is a private divorce process in which the attorneys for each side work together to try to reach a settlement. Each lawyer may hire teams of experts as needed, professionals who are neutral parties and can assist in certain areas. For example, one of the attorneys may retain a child development expert to shed light on a child custody issue. The other might bring in a forensic accountant to find hidden marital assets.

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 Posted on July 20, 2024 in Property Division

Up until January 1, 2016, you needed a good reason to get divorced in Illinois. You had to show the court that either you or your spouse was at fault for causing the divorce by engaging in certain behaviors like adultery, substance abuse, alcohol abuse, mental or physical cruelty, abandonment, and more.

But since 2016, Illinois has been a no-fault divorce state. This means that the law does not blame either spouse for causing the divorce, and you no longer need to show a court that one of the parties destroyed the marriage. All you need to tell a court when filing the divorce papers is that you and your spouse have "irreconcilable differences."

This change in the law not only made getting divorced easier but also affected the divorce process. In this article, we will discuss how no-fault divorce specifically impacts property division. To find out how no-fault divorce impacts other parts of the divorce procedure, contact an Illinois no-fault divorce attorney.

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 Posted on July 14, 2024 in Divorce

Divorce can not only be emotionally taxing, but it can also drain your finances. Legal fees, alimony, child support, and property division all can affect your economic situation. However, dissolving your marriage does not need to break the bank. There are strategies that you can use to ease the financial burden that many people experience in divorce.

This article will discuss three ways to lower the cost of your divorce. Consult an Illinois divorce attorney about other ways you can keep your economic future as secure as possible.

Stay Out of Court

One of the best ways to avoid wrecking the bank is to avoid a court battle, also known as litigation. Legal fees for court appearances alone can cost you tens of thousands of dollars, which is particularly high considering litigation is often not necessary. Most divorcing couples are able to reach settlements through alternative dispute resolution.

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 Posted on July 10, 2024 in Annulments

Divorce is a complex legal process. Without the right Illinois divorce attorney, it can be utterly overwhelming. Some spouses therefore look for ways around divorce, such as other legal procedures that may allow them to avoid the headache of the divorce process. Mistakenly, some think that annulment is a simpler alternative to divorce. However, this is usually not the case.

Whereas divorce ends the marriage, an annulment makes it so that the marriage never existed. This is done in cases where the marriage is illegal or illegitimate to begin with. This article will discuss when a marriage can be annulled and the annulment process.

Can My Marriage Be Annulled?

When a court grants an annulment, it means the law considers the marriage to have been invalid from the start. A couple has valid grounds for annulment if:

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 Posted on July 06, 2024 in Divorce

Digital technology influences almost all aspects of our lives. People manage their finances, accomplish everyday tasks, and conduct relationships over their digital devices. Sometimes, digital technology can even end a marriage. More than one divorce has been triggered by a spouse discovering intimate messages from his or her significant other to an illicit lover.

The divorce process is also impacted by technology. In this article, we will discuss three tips for getting divorced in the digital age. It is always best to speak with an Illinois divorce attorney about how you can use technology to your benefit in a divorce.

Use Co-Parenting Apps

One of the most difficult parts of the divorce process is co-parenting. You and your ex-spouse will be required to follow a parenting plan, a set of court-approved guidelines for parenting your child after the divorce. The parenting plan will include provisions for:

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 Posted on July 06, 2024 in Divorce

Divorce sometimes reveals an imbalance between two spouses. One spouse, for example, might be a stay-at-home parent who is unemployed, while the other may be a high-powered executive. A court, therefore, may order the party who is better off financially to pay spousal support, or alimony, to the unemployed parent.

However, a divorce can sometimes drag on for a long time. Some divorces carry on for a year or more. During this time, an unemployed spouse may need financial assistance until the judge issues the final court order requiring the working spouse to pay alimony. In such a case, the unemployed spouse’s Illinois divorce attorney may ask the court to sign a temporary relief order.

What Is a Temporary Relief Order?

As the name suggests, a temporary relief order is a legally binding decree that grants temporary financial relief to one of the parties during the divorce process. This relief can be in many forms. In the scenario above, the order would instruct the party with financial means to support the spouse with none.

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