Posted on October 08, 2020 in Child Custody

Sometimes, life changes unexpectedly. A new job, new relationship, or death in the family may necessitate a move, but relocating your family is almost never easy. Moving with your child can be especially difficult during or in the wake of a divorce, as Illinois law places restrictions on relocating with children. In many cases, one parent’s desire to move must be balanced with the other parent’s right to parenting time and their children’s interests in staying where they are comfortable.

Illinois Child Relocation Laws

Before 2016, Illinois law held that a single or divorced parent could uproot their children for any destination within the state, but if they chose to leave the state even by a very small distance, permission from either the other spouse or the family court was required. With the revamping of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) in 2016, a new approach was adopted for parents who have at least half of the parenting time with their children.

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 Posted on October 01, 2020 in Family Law

For some families, the relationship and connection between family members means everything, especially the relationship between grandparents and their grandchildren. In some situations, the dynamics of a family can deteriorate to the point where the child is no longer allowed to maintain that relationship with his or her grandparent. In Illinois, parents are considered to have inherent rights to spending time with their children. Grandparents are not afforded the same rights, but Illinois laws do give grandparents the ability to ask the court for visitation time in certain situations.

Can I Ask for Visitation with My Grandchild?

Illinois law presumes that parents will make decisions based on what is in their child’s best interests. If a parent is denying a grandparent visitation time, Illinois courts will assume that there is a reason for it. It is up to you as the grandparent to prove that the denial is actually harming the child in some way. You may be able to obtain visitation rights if one of these criteria apply:

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 Posted on September 29, 2020 in Divorce

When you have come to the decision that you and your spouse are going to get a divorce, you will likely experience a flood of different emotions, ranging from relief, sadness, depression, anger, and rage. While it may seem strange to experience such complex emotions, divorce is a complicated event that encompasses every area of your life. Once you reach the property division stage of your divorce, you and your spouse will be required to divide your marital property in an equitable manner, according to Illinois law. Your marital property includes anything that either you or your spouse took possession of during your marriage, including items like vehicles, the family home, and other real estate. Determining what to do with these assets -- especially the family home -- typically begins with an appraisal.

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 Posted on September 28, 2020 in Alimony / Maintenance

For many couples, getting a divorce can be a big financial burden. Going from being a dual-income family to having to run a household on one income can be tough on anyone. In situations in which one spouse may be greatly disadvantaged financially after a divorce, a judge might deem it appropriate to award that person spousal maintenance. In Illinois, spousal maintenance, which is also known as alimony or spousal support, is calculated using a specific formula, and it usually only lasts for a specific period of time. If you are getting a divorce, you should understand the basics of Illinois spousal maintenance.

Calculating Spousal Maintenance

If a spouse is awarded spousal maintenance, the formula set forth by the Illinois Marriage and Dissolution of Marriage Act (IMDMA) will be used to determine the amount of the maintenance award. The formula applies to any couple whose combined gross annual income is less than $500,000. The formula is as follows:

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 Posted on September 22, 2020 in Divorce and Finances

It has often been said that preparation is the key to success, and getting divorced is no exception. Most areas of your life will change after a divorce, including your living situation and parenting situation. Even though your divorce is an emotional process, it is just as much a legal and financial process.

Dealing with marital finances during a divorce can be tricky, especially since financial issues are often the root of disagreements during divorce negotiations. Proper preparation is crucial when it comes to the financial side of your divorce. Here are a few ways you can prepare your finances before you begin negotiations:

Tip #1: Collect Your Records

The first thing you need to do is to gather all of your financial information from the past couple of years. This can help you get a good idea of your financial picture and will ensure that you have everything ready as you begin the negotiation process. You should try to gather records such as:

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 Posted on September 21, 2020 in Divorce

For many people, going to college to get an education is an important step that they must take to advance themselves in their careers. However, college education does not come with small price tags. According to Forbes, there are approximately 45 million people in the United States with student loan debt, the majority of which owe between $20,000 and $40,000. Student loan debt may be one of the largest debts that either you or your spouse have. If you decide to get a divorce in Illinois, debt can be an important factor when it comes to asset and debt division since you are required to allocate all of your property and liabilities. An experienced Illinois divorce attorney can assist you with this process.

Are Student Loans Marital or Nonmarital Property?

Before you can even begin to look at dividing up student loan debt, you must first look to see if the debt is technically marital or nonmarital property. If the student loans were incurred before the marriage took place, then they would be considered non-marital property and would likely remain the responsibility of the person who incurred them. If the student loans were obtained after the marriage took place, they are considered marital property and will be subject to division.

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 Posted on September 18, 2020 in Child Custody

Many adults experience mental illness during their lifetime. In fact, according to the National Alliance on Mental Illness (NAMI), 43.8 million adults experience mental illness in any given year. While mental illness can be naturally occurring, it can also be triggered by major events in your life, such as divorce. Mental illness will not typically factor into divorce decisions, but it can be an issue to address when making decisions related to children, namely, decisions about parenting time or decision-making responsibilities.

Elements to Consider When Making Child-Related Decisions

Any child-related issue that must be settled during a divorce is made in the child’s best interests. If the parents disagree on what is in the child’s best interests, then a judge will have to intervene and make decisions about the allocation of parenting time and parental responsibilities for the parents. When making these decisions, the judge will look at various factors, including:

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 Posted on September 17, 2020 in Divorce

Filing for divorce is likely the most complicated emotional and financial event that will take place in your life. Getting a divorce can touch every aspect of your life, including where you live, where your children go to school, your standard of living and even when you get to spend time with your kids. All of this change requires you to make quite a few decisions in a relatively short amount of time, which can be extremely stressful. People going through a divorce who are experiencing this kind of emotional distress often find that they benefit from the help of a divorce coach.   

What is a Divorce Coach?

Though getting a divorce is a legal and financial process, it also greatly impacts your emotional health, which often gets tangled up in the middle of the legal process. A divorce coach is an individual who typically comes from a legal or conflict resolution background and also has professional experience with mental health. Their main goal is to support, motivate, and guide you through your divorce by helping you make the best decisions possible for your future. It may sound like a divorce coach is similar to a therapist, but this is not the case. A therapist focuses on the past, while a divorce coach focuses on your future goals and how to achieve them.

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 Posted on September 15, 2020 in Property Division

If you are one of the lucky people who get to live out the American dream by buying and owning your own home, you know how rewarding it can be to have a place of your own. When you are married, real estate property becomes more than a house – it becomes a home. Dealing with your family home can be one of the toughest decisions you will make when dividing your property during your divorce. In many cases, the family home is the most valuable asset a couple owns, both from a financial and sentimental perspective.

Generally, three basic options exist when it comes to dealing with your marital home. You and your spouse can choose to sell the home, one of you can keep the home, or you can both keep the home. Each family situation is unique, so what may be right for one family may not necessarily be right for another.

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 Posted on September 10, 2020 in Children and Divorce

When you think of divorce, you might picture a family with younger children who will have to shift from household to household for the rest of their childhood. However, while a divorce can be hard on children who are still growing up, it can also be difficult for adults whose parents are splitting up.

Most of the time, when a couple who has adult children gets divorced, they are ending a marriage that has lasted for years, or maybe even decades. Divorcing after a long marriage can be difficult for both the couple and the rest of the family, due to increased financial issues and the amount of history and memories made together. If you are a parent of adult children, and you and your spouse are getting a divorce, here are a few ways that you can help your children cope with this major life change.

Time the Announcement Right

Once you realize that you are definitely getting a divorce, and there is no turning back, you should begin to think about how you are going to break the news to your family. An announcement as big as this should come directly from you, not from another family member who heard it first. In some cases, you may want to gather all of your children together to let them know about your divorce, but this may not always be feasible due to busy schedules or because you live in different geographical areas. In any case, you will want to have an adult conversation where you can inform each child about the end of your marriage, answer their questions, and ensure that they understand what is happening in your life.

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