Posted on March 21, 2022 in Divorce

Whether you live in a house, flat, apartment, or condominium, a home is often much more than a physical living space. In the midst of a turbulent marital breakdown, a home can become a place of refuge and familiarity. Understandably, many people are hesitant to give up their homes in a divorce. Some blindly fight for ownership of the home without considering the short and long-term consequences of homeownership as a divorced individual. If you are getting divorced, consider the following questions when deciding what to do with the marital home.

What is the Home Worth?

Before you can determine whether to keep the home or sell it, you must understand what the home is worth. In many situations, the best way to accurately value the home is to get the home professionally appraised. Make sure to consider not only the current market value but also the future value of the home based on the neighborhood and housing market.

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 Posted on March 17, 2022 in Family Law

Divorced and unmarried individuals in Illinois are often subject to child support orders. When the court orders child support, it is not a suggestion. The paying spouse or “obligor” is required by law to pay the child support. Failure to pay the support in full can lead to significant consequences. Court orders for spousal support, also called spousal maintenance or alimony, are the same. If you are required to pay child support or spousal support and fail to make payments, your wages may be garnished.

Wage Garnishment for Unpaid Support in Illinois

The term “wage garnishment” refers to the act of taking a portion of someone’s paycheck to pay debt or financial obligations. Illinois law clearly states that wage garnishment may be necessary if someone refuses to pay his or her child support or spousal support obligation. A non-paying parent may also be subject to property liens, driver’s license suspension, interception of tax returns, and other consequences. In some cases, a parent who fails to fulfill his or her support obligation may even be held in contempt of court. The parent could be sentenced to up to six months in jail.

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 Posted on March 15, 2022 in Divorce

Divorce is rarely a pleasant experience, but most people expect their spouse to participate and cooperate to at least some degree. Unfortunately, some spouses make the divorce process much harder by refusing to participate. Some may leave the state or even travel out of the country to avoid divorce.

If you want to get divorced but you cannot find your spouse to serve the petition or your spouse refuses to sign divorce papers, you may be feeling frustrated and lost. Illinois law recognizes that some spouses are not able to be located or refuse to participate in the divorce proceedings. In cases like these, spouses may be able to serve notice of the divorce by publication and seek a default judgment.

Seeking a Divorce by Publication Because You Cannot Locate Your Spouse  

The person who initiates the divorce is called the petitioner. It is the petitioner’s job to "serve" or deliver the divorce petition to the other spouse, called the respondent. Some divorcing spouses are able to simply hand over the paperwork to the other spouse. The spouse may send the summons through certified mail or use a designated server such as a county sheriff to deliver the divorce paperwork.

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 Posted on March 14, 2022 in Divorce

Children greatly complicate divorce. Many divorcing parents worry about how the split will affect their kids. They also worry about how to manage a co-parenting relationship with their soon-to-be-ex. Parenting is already challenging enough. Parenting with someone to whom you used to be married is even harder.

Experts agree that children need predictability and consistency to feel safe. Finding a co-parenting strategy that works for you and your children and sticking with it is one of the best things you can do to help your children during this difficult time.

Traditional Co-Parenting Styles

Many divorcing parents remain on relatively good terms with each other. Although they no longer want to be married, they are able to remain respectful and cooperative for the sake of their children. Some co-parents are able to attend school functions, parent-teacher conferences, or even family vacations together.

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 Posted on March 09, 2022 in Divorce

In 1989, about ten percent of stay-at-home parents were men. That number had nearly doubled by 2016. As traditional gender roles fade and families take unique approaches to raising children and maintaining a home, more and more men are choosing homemaking and family life over a career. Furthermore, about 30 percent of modern wives make more money than their husbands.

If you are getting divorced, you may be worried about the financial consequences of ending your marriage. If you are disabled, out of work, or have chosen to sacrifice your career in lieu of family or household responsibilities, you may be dependent on your spouse’s income to make ends meet. Fortunately, divorcing men may be entitled to alimony or spousal maintenance.

Divorcing Husbands May Be Entitled to Spousal Support

Alimony, spousal support, and spousal maintenance are all terms used to describe payments that a spouse makes to the other spouse after divorce. Traditionally, the payers of spousal maintenance were men, and the recipients were women. However, men have the same right to spousal support as women. Federal and Illinois state laws do not discriminate against divorcing spouses on the basis of gender.

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 Posted on March 07, 2022 in Divorce

Johns Hopkins Medicine reports that approximately 26 percent of adults in the United States have some form of mental illness. Depression and anxiety are some of the most common psychological problems experienced by Americans.  Panic disorder, post-traumatic stress disorder (PTSD), obsessive-compulsive disorder (OCD), and schizophrenia are less common, but these illnesses still affect millions of Americans.

If you or a family member suffer from a mental illness, you may wonder how the illness can influence divorce, parentage, child custody, or other family law matters. Read on to learn more.

Mental Illness in Divorce Proceedings

There are no longer fault-based grounds for divorce in Illinois, so mental illness is not listed as a reason for the divorce. However, a spouse’s mental illness can influence a divorce case. When a spouse has a mental illness, he or she may be less capable of participating in mediation or divorce-related negotiations. The spouse may struggle with court paperwork or procedures.

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 Posted on March 04, 2022 in Family Law

Reports show that approximately 40 percent of babies are born to unwed parents. In Illinois, a parent’s marital status can affect parentage and paternity issues. Whether you are a mother or father, or you soon will be, it is important to understand how Illinois paternity laws may influence your situation. Child support, child custody, and several other important matters hinge upon parentage.

How to Establish Parentage in Illinois

Most parentage issues are paternity issues affecting fathers. Because the mother gives birth to the child, there is rarely doubt about who a child’s mother is. When a mother gives birth, she is automatically the child’s legal parent. If the mother is married or was married at the time of conception, her husband is considered the father.

In the case of unmarried parents, paternity may need to be established. A Voluntary Acknowledgement of Paternity (VAP) is a document used to confirm the identity of a child’s father. A father should only sign a VAP if he is sure that he is actually the child’s biological parent. If there is doubt about who the child’s father is, the child and presumed father may need to undergo DNA testing to confirm their biological relationship.

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 Posted on February 28, 2022 in Divorce

In an ideal world, parties in a divorce case would be cooperative and respectful. They would freely disclose financial information, hand over necessary documents, and negotiate divorce issues in good faith. Unfortunately, this rarely happens. Divorcing spouses and other relevant parties in a divorce may sometimes refuse to cooperate with requests. In this case, the court may issue a subpoena that requires the party to take certain actions.

What Is a Subpoena?

A subpoena is a court order requiring a party to do something under penalty of law. Ignoring a subpoena can lead to charges for contempt of court. Failure to comply with a subpoena is punishable by hefty fines and even jail time. Often, subpoenas force a party to provide evidence or testimony in a court case.

Why Are Subpoenas Used During Divorce?

In the context of divorce and family law cases, subpoenas are sometimes used to compel a spouse or other party to provide some type of information that is relevant to the case.

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 Posted on February 24, 2022 in Divorce

Owning your own business can be a fulfilling and lucrative way to earn a living. Whether you are a business owner or a non-owner with significant business interests, it is important to consider how business assets will be dealt with during divorce.

Businesses Are Treated Like Other Forms of Property in an Illinois Divorce

The Illinois Marriage and Dissolution of Marriage Act explains how property is addressed in a divorce. Assets acquired during the marriage are marital property belonging to both spouses. Non-marital assets are those assets that a party owned before the marriage. However, there are exceptions to these guidelines. Businesses, professional practices, investments, and business interests are subject to the same property division rules as any other asset in a divorce.

Determining Ownership Rights May Be Complicated

Understanding if your marriage is marital or non-marital property is not always easy. For example, consider a husband who owned a small business before marrying. According to Illinois law, property acquired before marriage is non-marital property belonging solely to the spouse who originally obtained the asset. However, if money from a joint account was used for the business or the other spouse contributed to the business’s increased value, the business may be classified as marital property.

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 Posted on February 21, 2022 in Divorce

The marital relationship can be extremely tricky to navigate. Many married couples go through rough patches but eventually work out their differences. Other couples are plagued by disagreements, infidelity, or other issues until the day they separate. It can be hard to know for sure when a marriage is over and it is time to get divorced. It is especially complicated when one spouse thinks that the marriage is over but the other spouse believes there is still a possibility of reconciliation. In situations like this, the court may require the couple to attend a conciliation conference.

One Final Chance at Reconciliation

Illinois courts have the authority to order spouses to attend a conciliation conference if there is a chance that the marriage may still work out. Either spouse can petition the court for a conciliation conference, or the court can order the conference if there is reason to believe that the couple may be able to avoid divorce. The purpose of the conference is to give the couple one last chance to resolve their differences and stay married.

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