Posted on December 05, 2022 in Divorce

Most people getting divorced are doing so for the first time. Uncertainty is normal and having questions is common. Even if you are sure that you want to get divorced and have a sense of what you want to get out of the process, you may be unsure of how to choose the right divorce attorney. With so many options out there, it can be difficult to know what to look for and even what questions to bring to your first meeting. At Goostree Law Group, our Illinois divorce attorneys are prepared to guide you throughout your divorce - including a few things you should discuss with your attorney in your first consultation.

Am I Likely to Reach a Settlement With My Spouse?

Many, if not most, divorces can reach a settlement before going to trial. If you and your spouse can negotiate a settlement, even if you need the help of a mediator, you can avoid the time and expense of courtroom litigation. However, settlement negotiations are not reasonable or safe for everyone, so talking to your attorney about your situation should help you better understand whether negotiation is the best path for you to pursue.

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 Posted on November 28, 2022 in Spousal Maintenance

Alimony, spousal support, and spousal maintenance are all terms that are used to describe money that one spouse pays to the other after a divorce or legal separation. In Illinois, spousal maintenance may be agreed upon by the spouses, or the court may order one spouse to pay maintenance to the other. If you are getting divorced, you may have questions about whether you will be required to pay alimony. The answer to this question depends on several factors, including the length of your marriage, the incomes of both spouses, and the contributions each spouse made to the marriage.

Negotiated Spousal Maintenance Settlements

Like other elements of a divorce, spouses may be able to negotiate the terms of spousal maintenance through a marital agreement or during their divorce. If the spouses had previously made an agreement regarding maintenance in a prenuptial or postnuptial agreement, the court will typically uphold that agreement during divorce.

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 Posted on November 23, 2022 in Child Custody

Child custody issues can be complicated. Emotions are often running high and the parties involved are looking for a fair outcome. In many child custody disputes, each parent has a very different idea of what is best for their child. This is why many courts use a child custody evaluation.

A child custody evaluation is an assessment of each parent's ability to provide for their children and the best interests of the children involved in the dispute. The court will appoint a neutral, third-party evaluator who has experience in family law or mental health counseling.

Child Custody Evaluations in Illinois

A child custody evaluation is conducted by an experienced, impartial professional who has expertise in both family dynamics and psychology. The purpose of the evaluation is to help the court make an informed decision about the best interests of the children.

During a child custody evaluation, both parents may be interviewed separately and together. The evaluator may also interview other people involved in their lives, such as friends or relatives, to gain insight into the parents' abilities to care for the child. The evaluator may conduct a home study and observe how the parents interact with their children.

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 Posted on November 21, 2022 in Child Custody

When parents divorce, there are many different child custody issues that can lead to conflicts and disagreements. One of the most emotional issues is that of relocation, or when one parent wants to move away with the children. If you and your spouse are having trouble agreeing on whether or not your ex should be allowed to move away with the kids, it’s important to understand what your rights are under Illinois law.

Illinois Parental Relocation Laws

In Illinois, if a parent moves a certain distance away, it may classify as a "relocation." All parental relocations must be approved by the court. If the parents agree to the relocation and the relocation is in the child's best interests, then the process of getting approved is relatively straightforward. However, the process is more complex if one parent contests, or disagrees with, the relocation.

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 Posted on November 16, 2022 in Property Division

Divorce involves much more than a couple merely deciding to end their marriage. To complete the divorce, the spouses must address several crucial issues, including the division of their shared assets and debts, child custody, spousal support, child support, and more. Most of these issues involve finances, so one of the first steps in any divorce is to complete a financial disclosure.

The Illinois Marriage and Dissolution of Marriage Act requires both spouses to provide full and accurate financial information to each other and to the court. This is accomplished through the use of a Financial Affidavit, which lists all income, debts, assets, and liabilities. The purpose of the financial disclosure is to give both spouses and the court a complete picture of each person's financial situation so that an equitable division of property can be achieved and support orders, if any, can be accurately calculated.

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 Posted on November 15, 2022 in Divorce

Child support payments are used to cover the cost of a child's housing, food, education, and other needs. However, if one parent is not truthful about his or her income, the child may not receive the full support they need. Illinois child support orders are calculated using the Income Shares method, which takes both parents' earnings into account. Parents who lie about how much money they make inevitably skew the calculations, resulting in an unfair child support arrangement.

Illinois Child Support Calculations

Prior to 2017, Illinois based a parent's child support obligation on the paying parent's income and how many children needed support. For example, if the paying parent (obligor) had two children, 28 percent of his or her income was earmarked for child support.

Recognizing the limitations of this method, Illinois switched to the Income Shares approach in July 2017. The new method seeks to more accurately reflect the amount of financial support a child would have if both parents were still together and sharing costs. Both of the parents' net incomes are added together and then the combined income is compared to the Income Shares schedule, which provides the basic support obligation (BSO). The BSO is the total amount of money that an average family would use to pay for child-related needs. The BSO is divided between the parents based on each parent’s percentage of the combined income. For example, If a father's earnings represent 70 percent of the parents' combined income, he pays 70 percent of the BSO.

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 Posted on November 14, 2022 in Divorce

Divorce can bring out the worst in people - especially in a high-conflict divorce. Sometimes, antagonistic behavior during a separation or divorce escalates to stalking. Following someone to school or work, calling obsessively, monitoring their social media, or showing up uninvited at their home are all examples of stalking behaviors. If your ex is stalking you during divorce, it is important to take action to protect yourself and your children.

How to Handle Stalking During Your Illinois Divorce

Stalking can involve many upsetting, unnerving, and even frightening actions and behaviors. Some people cannot accept that their marriage is ending and act out in inappropriate, threatening, and unlawful ways. If your divorce has turned nasty and you are dealing with a stalker, here are some things you can do to protect yourself:

• Keep a Stalking Log - Keep track of every instance of stalking behavior, no matter how small. Note the date, time, location, and what happened. This will help you identify patterns and document the severity of the stalking for future reference.

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 Posted on November 10, 2022 in Child Support

The state of Illinois expects parents to financially support their children even if they are unmarried or divorced. Child support payments help divide the financial burden between both of the parents. The parent with the lesser amount of parenting time provides financial support to the parent with the greater share of the parenting time. The parent with the majority of parenting time makes his or her financial contributions to the child by paying for things like housing, groceries, and other everyday expenses.

If you are the paying parent or “obligor” you may be worried about your ability to make child support payments. Perhaps you have lost your job or experienced another financial hardship, and you can no longer afford child support. There are ways to modify a child support payment amount, however, the courts only allow child support modifications in certain circumstances.

Request a Modification Review

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 Posted on November 07, 2022 in Family Law

Prenuptial agreements are rising in popularity. More and more couples are signing prenuptial agreements before they say "I do." Modern couples are realistic. Drafting a prenuptial agreement is not exactly romantic, but it is one of the most responsible decisions you could make before getting married. If you are considering a prenuptial agreement, here are five reasons to get one.

To Protect Your Assets

If you have significant assets, a prenuptial agreement can help protect them in the event of a divorce. When people get married, their finances inevitably become mixed. Any property or money that a spouse earns while they are married is added to the marital estate. If the couple divorces, any property contained in the marital estate is divided between the spouses. With a prenuptial agreement, you can keep your assets separate. This means that in the event of a divorce, your assets will not be considered part of the marital estate and will not be subject to division. You can also use a prenuptial agreement to protect inherited property or gifts from family members.

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 Posted on November 04, 2022 in Property Division

The division of marital assets and liabilities is often one of the most complicated and consequential aspects of the divorce process. Marital property is property and debts contained within the marital estate. Both spouses have a legal right to a share of marital property. Non-marital property is property and debts that are not part of the marital estate and are owned solely by one spouse. Non-marital property generally includes property that was acquired by either spouse before the marriage, inheritance or gifts received during the marriage, and property that is excluded by a valid prenuptial agreement. Transmutation of assets is the conversion of non-marital property to marital property or vice versa.

Commingling or Mixing of Property Can Lead to Transmutation

The transmutation of property generally occurs when one spouse commingles or mixes non-marital assets with marital assets. For example, if a wife deposits her separate funds into a joint account, these funds can be converted into marital funds.

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