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How Parental Responsibilities Are Allocated in an Illinois Divorce

 Posted on December 29, 2020 in Child Custody

Kane County parental responsibilities attorneyGetting a divorce is not easy, especially when children are involved, and it is important to understand the decisions you and your spouse will need to make regarding your children. Prior to 2016, Illinois still used the terms physical custody, legal custody, and visitation when dealing with divorces that involved children. After substantial reforms to the Illinois Marriage and Dissolution of Marriage Act in 2016, there are now two major components that you must address if you have children and are seeking a divorce: parental responsibilities and parenting time. These changes were made in recognition of the way parenting actually happens in families. Rather than having one parent as the sole child-rearer, the law encourages parents to share parenting time and responsibilities.

Legal Definitions of Parenting Time and Parental Responsibilities

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When Do Spousal Maintenance Payments Terminate in Illinois?

 Posted on December 29, 2020 in Spousal Maintenance

DuPage County spousal maintenance lawyerEven in today’s world where a two-income household is becoming more of the norm, it is not uncommon to come across a family in which one parent works while the other stays at home to take care of the children. This may work during the marriage, but if the couple were to ever get a divorce, the stay-at-home parent could be at a significant financial disadvantage. In these types of situations, spousal support, also known as spousal maintenance or alimony, is sometimes awarded to a lesser-earning spouse to help them become self-sufficient and to ensure they are able to enjoy a similar standard of living that they enjoyed during the marriage.

How Long Does Spousal Support Continue?

The terms of a spousal maintenance award, including the duration of the payments, can differ from case to case depending on a variety of factors. However, there are a few situations in which spousal support will almost always automatically terminate:

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Will My Spouse Get Part of My Inheritance After Our Illinois Divorce?

 Posted on December 23, 2020 in Asset Division

Naperville IL marital property division attorneyGetting a divorce often makes people feel like they are diving into the great unknown. From the moment you and your spouse make the decision to split up, there are many changes that should be anticipated. Some of the biggest changes that take place during a divorce have to do with your finances and how your assets are distributed. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) states that each spouse is supposed to get an equitable share of the marital estate, which may not always work out to be an equal share. However, when it comes to certain assets, such as those obtained through an inheritance or family wealth, property division can become tricky because each situation is different from the next.

Determining Your Marital and Non-Marital Property

Prior to actually dividing any of your property, your attorney will want to determine which of your properties are marital assets and which are non-marital assets.  According to the IMDMA, in general, any asset acquired by either spouse prior to the marriage is considered to be non-marital property that is not subject to division during a divorce. Any asset that is acquired by either spouse during the marriage is considered to be marital property, which is subject to division during a divorce. There are a few exceptions to the marital property rule, however. Assets that are obtained during a marriage can be considered non-marital property if the asset:

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What Will Happen to My Pet in My Illinois Divorce?

 Posted on December 21, 2020 in Property Division

St. Charles divorce pet custody attorneyWhen determining parenting arrangements for children during divorce, there are rules that help determine a child’s future based on his or her well-being. Divorcing couples will also need to determine how to divide their property and assets. However, what happens when the property shared between a couple is a living thing? For many years, Illinois law treated pets as property, similar to a television or furniture, but the law was recently changed, and additional considerations now apply to pets during a divorce.

What Has Changed?

In 2018, an amendment to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) regarding the treatment of pets during a divorce was put into effect. Deciding on the "custody" of pets is now handled in a manner that is closer to that of children than it once was. While pets are still considered property, the new law states that when making decisions about ownership of pets—referred to as companion animals in the law—a judge should consider the animal’s well-being. This law, however, does not apply to service animals. A service animal is defined as an animal that is specially trained to benefit a person with a disability, such as a guide dog for a blind person or a seizure response dog that specializes in aiding a person with a seizure disorder. These animals are likely to stay with the person whom they are trained to serve.

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What Happens to Child Support When the Paying Parent Is Incarcerated?

 Posted on December 16, 2020 in Child Support

St. Charles IL child support attorneyThere are currently about 2.3 million Americans incarcerated in the United States, approximately half of whom are parents. Furthermore, one in five has a monthly child support obligation. In most situations, this obligation simply remains unpaid, because for many, the small income that may be available for working within the jail or prison will not cover the costs. If the individual is serving an extended sentence, the unpaid support can accumulate to become an insurmountable debt. Throughout all of this, however, the children still need financial support from both parents.

Support Options for the Recipient Parent

If you are the parent to whom support payments are made and the other parent is currently incarcerated, his or her sentence does not automatically mean you are not eligible for payment. First, a child support order does not automatically stop due to incarceration. The only person who may modify a child support order is a judge through a modification hearing, which may be requested by either parent. Also, it is possible for inmates to make a payment due to having other income and assets available.

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How Can I Help My Children Cope With Holiday Stress During My Divorce?

 Posted on December 16, 2020 in Divorce

Wheaton family law attorneyFor many families, the winter months are filled with weeks of celebrations, time spent with loved ones, and meals gathered around the family table. At the same time, the holiday season can be abundantly stressful, especially for children whose parents are going through or who have already gone through a divorce or a separation. During the first holiday season after the separation, parents often face difficulty when it comes to bringing the magic of the season alive in their homes, but there are some things you can do to help.

Managing the Holidays After Divorce

Here are a few things you can do to make the holidays easier for you and your children after your divorce:

  • Expect emotional reactions from your children. The first holiday season after your separation will likely be one of the hardest you will experience. While you may understand that the sadness that you feel during this holiday season will not last, your children may not. They may become frustrated, or they may not understand why things this year are different from years before. When you notice your child’s mood beginning to take a turn, try encouraging your child to talk about what they are feeling.

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4 Common Questions About Spousal Support in Illinois

 Posted on December 14, 2020 in Alimony / Maintenance

Kane County spousal maintenance attorneyIf you are facing the possibility of a divorce, you and your spouse will need to resolve a number of issues. For many couples, property and money-related concerns are among the most challenging considerations. You have likely worked hard to earn what you have, so the possibility of “losing” your hard-earned assets during your divorce may not sit well with you. You may also be concerned about the possibility of paying maintenance—also known as spousal support or alimony—which can lead to disagreements as you are headed for a divorce.

Depending on where you are in the divorce process, you may have questions about spousal support and whether it will be a factor in your Illinois divorce. Some of the most frequently asked maintenance questions include:

Will Maintenance Be Awarded Automatically?

Under the law in Illinois, maintenance will only be granted following a divorce if the requesting spouse can prove that such support is needed to facilitate an equitable divorce. Maintenance is not automatic or guaranteed, and requesting it does not mean that it will necessarily be granted. If, however, you and your spouse already have a valid prenuptial agreement that says spousal support is to be paid, you can generally assume that the court will enforce the agreement.

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Is Your Parenting Time Schedule Ready for the Holidays?

 Posted on December 09, 2020 in Child Custody

Kane County parenting time attorneyAccording to recent estimates, there are almost 4 million divorced parents in the U.S. today. For such parents, the winter holiday season can be particularly tough to manage, as extended family members often travel great distances to celebrate and to see the children. While far fewer families are likely to travel this year compared to previous years, the holidays are still likely to be challenging for parents who share parental responsibilities.

The first thing you should keep in mind is that, no matter what you do, you will not be able to please everyone. Someone along the way is likely to feel at least a little slighted or disappointed about how your arrangements play out. However, with a little planning and a commitment to being flexible, you can enjoy a happy holiday as a divorced parent.

Take Proactive Steps

Planning ahead is key in making holiday parenting time arrangements. If you and your former partner have a parenting plan in place that specifies where your child will spend which holidays, it is important to be aware of what your plan says for this year. If you are not sure, review your plan and be certain. Your parenting agreement might give you the freedom to set up holiday plans each year by discussing them with your child’s other parent. Once you have established who will have parenting time and when, you can begin planning your holiday visits and other activities. This includes video visits and other arrangements made necessary by the COVID-19 health crisis.

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Important Provisions to Consider in Your Illinois Parenting Plan

 Posted on December 09, 2020 in Child Custody

Naperville IL parenting plan lawyerSome of the most contentious issues in a divorce are often the issues that revolve around the children, such as parenting time and decision-making responsibilities. Before a couple with children can divorce, they must come to a consensus on all of these issues and put their agreement in writing into what is called a parenting plan. If you and your spouse are able to come up with the agreement on your own, this can be extremely helpful in the long run. Keeping the negotiations between you and your spouse, rather than taking the issue to court, also allows you to personalize your parenting plan and include provisions that are specific to your family’s situation.

Items to Address in Your Parenting Agreement

Though you should further discuss your parenting plan with an Illinois divorce lawyer, here are a few things you should consider adding to your Illinois parenting plan:

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3 Reasons Some Couples Choose Legal Separation

 Posted on December 04, 2020 in Legal Separation

Kane County legal separation attorneyNo matter how mutual the decision may be to end a marriage, choosing to divorce is never an easy undertaking. Even the smoothest divorces mean big changes for both parties, and depending on financial circumstances and whether or not children are involved, those changes can have a ripple effect that impacts everyone in the household for some time to come. Divorce is just as much emotionally taxing as it is financially, compounding the burden for the entire family.

Given the potentially overwhelming nature of ending a marriage, it is understandable why some couples want to avoid the divorce process altogether. In fact, this is often a driving force behind legal separations, although a separation is often only a temporary solution and may not be an effective one for every couple. If you and your spouse want to delay the divorce for more practical reasons rather than emotional reasons, however, you may find that legal separation serves as a productive, beneficial option for both of you.

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