Posted on June 05, 2023 in Family Law

Divorce is one of the most challenging life events an individual can go through, especially when children are involved. Figuring out how to co-parent with your ex and create a stable, nurturing environment for your children can be very difficult. Good co-parenting requires flexibility, open communication, and a shared goal of doing what is best for the children. In this blog, we will discuss tips for successful co-parenting with an ex-spouse.

Communicate Frequently, But Get It In Writing

Even if your parenting plan spells out the terms of the parenting time schedule, allocation of parental responsibilities, and other parenting matters, you will still need to communicate with your child's other parent from time to time. Establish a respectful and open line of communication, focusing on the children instead of any interpersonal conflict with your ex.

Communication through text messages, emails, and other written forms is often preferred to phone calls or face-to-face communication. Written communication allows both parties to ensure that what they are saying is helpful and will not stir up unnecessary conflict. Having your discussions in writing is also useful if there is ever a misunderstanding or question about the plans that were made.

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 Posted on May 26, 2023 in Family Law

Divorcing parents have many different options for raising their children as divorced co-parents. For some divorcing spouses, it makes sense for one parent to take most or all the parenting responsibilities and parenting time. For example, if one parent works in another state, frequently travels outside the country, is incarcerated, or cannot provide a safe home for the children, sole custody may be in the child’s best interests.

In other cases, parents want to share responsibility for their child and ensure they both spend enough time with the child. Illinois law used to refer to this type of arrangement as joint custody. However, the language used in Illinois child custody laws has since been updated. A custody arrangement in which both parents have a relatively equal amount of parenting time is called shared parenting time.

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 Posted on May 25, 2023 in Annulments

Most people are only vaguely familiar with the concept of marriage annulment. They may have heard about celebrity couples who get married only to have their marriage annulled a few days later or heard a rumor that you can get your marriage annulled if you have not had sexual intercourse yet. The reality of the situation is much more complex.

Annulment, or as it is called in Illinois, Declaration Of Invalidity Of Marriage, is permitted by Illinois law. However, you can only get your marriage annulled in a very narrow range of circumstances.

If you are married and wish to get your marriage annulled but do not qualify for an annulment, the only option you have for ending your marriage is divorce. In this blog, we will explain when and how annulment is possible in Illinois and what you can do if you require legal help to end your marriage.

Invalidity of Marriage Requirements

When a marriage is dissolved through divorce, the marriage relationship is terminated. When a marriage is annulled through a Declaration Of Invalidity Of Marriage, it is as if the marriage never happened.

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 Posted on May 24, 2023 in Divorce

Vacation homes are more than just a piece of real estate. Countless joyful memories were likely made in your vacation home, and the property has just as much sentimental value as it has financial value.

Understandably, disputes can arise when addressing ownership of a vacation home in an Illinois divorce. In this blog, we will discuss how vacation homes are handled during the divorce process and what you can do to receive personalized advice regarding property division issues and other divorce concerns.

Who Owns a Vacation Home if You Get Divorced?

Per Illinois law, marital property includes assets that either spouse purchased or otherwise obtained during the marriage. Property that was owned by a spouse before the marriage is usually non-marital property, but there are several exceptions.

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 Posted on May 22, 2023 in Family Law

Leaving a spouse who has physically harmed you, threatened violence against you or your children, or otherwise abused you is a frightening and complicated process. Having a safety plan in place is essential. As you develop your plan, keep the following considerations in mind. If you are ever in immediate danger, call 911 right away.

Consider an Emergency Order of Protection

In Illinois, emergency orders of protection are granted based solely on the testimony of the petitioner, or person requesting protection. In other words, your spouse does not need to be present or even be aware of the fact that you are asking for an order of protection.

An emergency protection order can be customized to your specific needs. Most of the time, a protection order prohibits an abusive person from coming within a certain distance of the victim, contacting the victim through phone, e-mail, or social media, following the victim, or coming to the victim’s workplace or school. An emergency order of protection can also be used to temporarily evict a spouse from the marital residence. Setting up this legal protection creates a formal record of the abuse and gives you the right to call the police if your spouse violates any of the provisions of the order.

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 Posted on May 17, 2023 in Divorce

For working adults, retirement offers a much-needed break from the hustle and grind of their jobs. Unsurprisingly, what happens to retirement funds during a divorce is a top concern for many individuals planning to end their marriage.

Every case is different. However, it is not uncommon for a divorcing spouse to be entitled to part of the other spouse’s retirement assets.

If you are getting divorced and you have questions about how retirement assets or Social Security retirement benefits are handled during a divorce, make sure to work with an experienced divorce attorney who can give you personalized guidance.

401(k)s, IRAs, Pensions, and Other Retirement Accounts

Money saved in a retirement account is treated like other assets during an Illinois divorce. Unless retirement assets are excluded from the marital state through a prenuptial or postnuptial agreement, any retirement funds a spouse acquired during a marriage are considered marital property.

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 Posted on May 12, 2023 in Family Law

The end of a relationship or marriage often brings out the worst sides of people. Sadly, children from the relationship often get caught in the middle. Parental alienation is a form of emotional abuse in which a parent intentionally turns his or her child against the other parent. The parent may tell the child lies about the other parent, punish the child for showing love or affection toward the other parent, or refuse to let the other parent spend time with the child.

Illinois courts do not specifically use the term “parental alienation” when referring to this type of behavior. However, a parent’s behavior toward their child can certainly affect the court’s decision regarding child custody issues, including the allocation of parental responsibilities and parenting time.

Parents Are Expected to Foster a Positive Relationship Between the Child and the Other Parent

As we have discussed several times in previous blogs, Illinois courts always want to do what is best for the children in any child-related family law dispute. When a parent engages in a campaign of denigration against the targeted parent, this can be extremely damaging to the child. The child may feel confused, guilty, angry, and depressed. Using a child as a pawn to get back at the other parent is extremely harmful and unethical.

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 Posted on May 11, 2023 in Family Law

In Illinois, alimony is referred to as spousal maintenance or spousal support. Maintenance payments relieve some of the financial burden created by divorce. The money may be used for housing, everyday expenses, or educational costs for a spouse who requires additional training or education to become financially self-sufficient after a divorce.

If you earn significantly less income than your spouse, you may wonder if you will be able to get alimony in your divorce. You may have been out of the workforce because you were a stay-at-home parent, homemaker, or simply relied on your spouse to provide the financial support you needed.

This blog will explain the main legal avenues through which a spouse can receive spousal maintenance, how spousal maintenance awards are calculated, and what the next steps are for anybody who wishes to pursue spousal maintenance during their Illinois divorce.

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 Posted on May 09, 2023 in Family Law

For many young people, May is a month filled with graduation parties, ceremonies, and making plans for the future. If you are a parent of a high school or college-aged child, it is important to understand how Illinois law handles college expenses when parents are divorced. Illinois is unique in that divorced parents are sometimes legally required to contribute to their child's college education. Read on to learn more.

Splitting the Cost of Tuition, Books, Fees, Housing, and Other College Costs

Child support obligations typically end once a child becomes an adult. However, in Illinois, a parent may still be required to provide financial assistance to a college-aged child. Illinois courts have the authority to allocate college expenses between two divorced parents. College expenses include the cost of tuition, fees, textbook rental, supplies, housing, and food. The court considers both parents’ financial circumstances when determining how to split college expenses between them. The college student’s own financial resources, including money from scholarships or work-study programs, may also be considered. Sometimes, the student is also required to contribute to college expenses.

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 Posted on May 05, 2023 in Divorce

Many people move to the Chicago area to fulfill their dreams as creators. Actors, authors, musicians, artists, inventors, designers, and entrepreneurs flock to the Windy City and the surrounding regions, hoping to make a living from their unique creations.

Unsurprisingly, disputes regarding intellectual property are not uncommon in Illinois divorce cases - especially cases involving high-net-worth individuals.

If you are planning to divorce and you or your spouse have copyrights, patents, trademarks, contractual rights, royalties, or other intellectual property rights, make sure you understand how intellectual property is valued and distributed during divorce.

Intellectual Property May Be Considered Marital Property

Most people assume that a creator’s work is his or her property alone. However, Illinois law is clear regarding the classification of property: Any assets acquired during the marriage are marital property save for assets acquired through gift or inheritance. Assets acquired before the marriage or after legal separation are non-marital property. These rules apply to tangible assets such as real estate and bank accounts as well as intangible assets such as intellectual property rights.

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