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Recent Blog Posts
Can I Get My Marriage Annulled in Kane County, Illinois?
Newlyweds are usually portrayed as doe-eyed romantics enjoying the beginning of a happy marriage. However, marriage does not always work out this way. Many newlyweds find themselves regretting their marriage vows. Spouses in this situation may wish to get their marriage annulled. However, annulments are only possible in certain situations. If you cannot get an annulment, your only option for ending your marriage is divorce.
How Can You Get Your Marriage Annulled?
Many people misunderstand what an annulment actually is. They assume that annulment is a shortcut to divorce. In reality, divorce and annulment are two different legal procedures. Divorce ends a marriage. Annulment states that a marriage was never valid to begin with.
Annulment, or as it is called in Illinois, “Declaration of Invalidity of Marriage” is only possible if there is an issue with the marriage that makes the marriage invalid or prohibited by law.
How Do Courts Evaluate a Child’s Best Interests in a Child Custody or Divorce Case?
In 2016, Illinois made substantial changes to the laws regulating child custody and family law matters. Instead of using terms like "sole custody" or "visitation," the law now describes child custody in terms of "parenting time" and "parental responsibilities."
One of the most frustrating aspects of a divorce, child custody case, paternity suit, or other family law case is dealing with unfamiliar legal terms. One such term you may see repeated throughout Illinois law is "a child’s best interests." Illinois courts make every child-related decision based on what is in his or her best interests. But what does "best interests" really mean?
Understanding How Courts Determine a Child’s Best Interests
When the court makes a determination about parental responsibilities or parenting time, the court will consider many different factors to evaluate which case outcome would best serve the child.
What Happens if a Spouse Lies About Money in a Divorce?
What Happens if a Spouse Lies About Money in a Divorce?
Typically, asking someone how much money they make is considered rude. However, in a divorce case, both spouses are expected to fully disclose their income and other financial information. Finances influence property distribution, child support, spousal maintenance, and more. Lying on your financial disclosure paperwork during divorce can lead to an unfair settlement or judgment. It is also illegal to falsify financial information during a divorce.
Underreporting Income During an Illinois Divorce
Each spouse’s net income is used to calculate child support and spousal support. Spouses should report wages, bonuses, commissions, income from investments, business income, and other sources of income. However, some “forget” about certain income sources or underreport wages in the hopes of swaying the terms of the divorce in their favor. Self-employed spouses and those with multiple income sources may find it easier to lie about money on their financial disclosure forms. However, forensic accounting and divorce discovery can uncover evidence of the deceit.
What Property is Included in the Marital Estate in Illinois?
When married couples divorce, they must address several important financial concerns. The assets and debts accumulated by the spouses during the marriage will need to be categorized, valued, and divided. According to Illinois property division laws, most assets accumulated by the spouses during the marriage are included in the marital estate. Both spouses have a right to an equitable portion of the marital estate in a divorce. However, property division is not always this straightforward.
Property Accumulated During the Marriage
As a general rule, most property acquired by either spouse is part of the marital estate. This includes wages, bonuses, commissions, tips, and any other income earned by the parties. Real estate, vehicles, and household items purchased by the couple are typically marital property. The increase in value of an asset during the marriage may also count as marital property. For example, the increase in value of a small business or a spouse’s retirement accounts will likely count as marital property–even if the asset was acquired before the marriage. It should be noted that most property accumulated during the marriage is marital property regardless of who officially holds the title to the property.
Top 5 Questions About Child Support, Answered
Parents who are no longer together are still expected to provide financial support to the child. Often, this is accomplished through a child support order. Whether you are a paying parent or the recipient of child support or you want to establish child support for the first time, you may have many different questions. Child support matters can be complicated. Read on to learn answers to some of the most frequently asked questions about child support in Illinois.
Who Has to Pay Child Support?
In Illinois, child custody involves two major components: the allocation of parental responsibilities and parenting time. Parenting time is the time a parent is responsible for supervising the child and attending directly to the child’s needs. The parent with the greater amount of parenting time is the recipient of child support. The parent with less parenting time pays child support.
How Much Does a Parent Pay?
My Spouse is Accusing Me of Child Abuse in Our Divorce to Get Custody. What Can I Do?
As a parent, being accused of intentionally harming your child can be shocking and deeply offensive. Sadly, some parents will do whatever it takes to gain an advantage in divorce or child custody proceedings, even if it means fabricating allegations of child abuse. If your ex is lying by saying you abused your child, you may be unsure of how to handle the situation. There is no perfect strategy, and each case is different. However, there are a few steps you should immediately take if you find yourself in this situation.
Comply With Any Orders of Protection
An Illinois Emergency Protection Order is often issued on the same day it is requested and may be based solely on the petitioner’s testimony. If your spouse got an order of protection against you, the order may require you to stay away from your spouse and children. It may even require you to move out of your own home. Even if the grounds for the protection order are false, the best thing to do is to comply with the protection order for now. Getting arrested for violating the order will only complicate your case and make it harder for the truth to come out. Although it is extremely hard not to, it is crucial that you do not confront your spouse or try to see your children in violation of the order.
What is the Mandatory Waiting Period for Divorce in Kane County?
If you have decided to end your marriage, you may be interested in learning the next steps. Divorce laws vary from state to state and change over time. You may have heard that there is a mandatory waiting period to get divorced in Illinois. Perhaps a well-intentioned friend or family member explained to you that you have to be separated a certain amount of time before you can file for divorce or you read this information on a non-state-specific website.
In 2022, there is not a mandatory waiting period for divorce in Illinois. However, there are situations in which a separation period is needed to prove that the grounds for divorce have been met. Read on to learn more.
Illinois Separation Period Before Divorce
Once a couple has decided to divorce, they usually want the process to start sooner rather than later. If you are eager to get divorced and move on with your life, you may be pleased to learn that Illinois does not have a mandatory waiting period. That being said, one or both spouses must have lived in Illinois for at least 90 days in order to get divorced in Illinois. So, if you recently moved to the state, you may need to wait 90 days to qualify for divorce.
How Does Visitation Work in Kane County, Illinois?
As a parent, it can be extremely difficult to share your child with an ex. Whether you were married to the other parent for years, or just briefly dated, child custody can be a complicated, emotionally-charged topic. To make the situation even more complicated, child custody laws vary from state to state. In Illinois, child custody is now called the allocation of parental responsibilities. Visitation is called parenting time. If you are an unmarried or divorcing parent, read on to learn how the state handles parenting time and other child-related concerns.
Divorcing Parents and Illinois Parenting Plans
If you are getting divorced, you and the other parent will be asked to write up a “parenting plan” or parenting agreement. This document will describe how you plan to divide parenting time, make major decisions about your child’s healthcare and education, and address other important child-related concerns. If you can agree to the terms in the parenting plan, you can submit a joint plan to the court for approval. If you are unable to agree on one or more issues, you will each submit your plans separately to the court.
Will I Have to Take a Parenting Class if I Get Divorced in Illinois and I Have Kids?
Children are very sensitive to changes in their family. When parents divorce, children may struggle to adjust to a two-home lifestyle or become overwhelmed with emotions. They may act out at school, experience mental and physical health problems, or withdraw from their family and friends.
Because divorce and other major changes to the family unit are so hard on children, Illinois requires parents involved in family law proceedings to attend a parenting class. Read on to learn more.
Mandatory Parenting Class for Divorcing Parents in Illinois
If you are getting divorced, pursuing a paternity action, or are otherwise involved in a child-related family law dispute, you will likely be required to attend an educational course. The purpose of the course is to teach parents about how family reorganization and related changes affect kids and how to help their children cope with these changes. According to the Illinois Supreme Court, each circuit or county approves of a parenting class. The class must be at least four hours long. Unless good cause is shown, both parents are required to complete the parenting class within 60 days of the initial case management conference. The court has the authority to impose sanctions on any parent who intentionally fails to complete the parenting class. Even if your divorce is uncontested, meaning you and your spouse agree on the terms of the divorce, you will still be expected to complete the course.
How to Get Out of An Abusive Marriage
Sadly, what is supposed to be a loving relationship can sometimes turn into a relationship based on threats, manipulation, and violence. Domestic violence is shockingly common across the United States. Each minute, approximately 20 people are physically abused by a spouse or romantic partner.
If you are in an abusive marriage, you are not alone. Read on to learn about some of the strategies that may help you protect yourself and your children during the divorce process.
Remember That the Abuse is Not Your Fault
Victim-blaming is a tactic that many abusive people use to try and manipulate their victims. Your abuser may tell you that his or her behavior is justified because you did something to provoke him or her. Sadly, some abuse victims start to believe this. If you are being physically, mentally, or emotionally abused, it is not your fault. You deserve to be treated with respect.
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