Can Sexual Dysfunction Lead to an Illinois Divorce?

 Posted on March 18, 2020 in Family Law

Q: What will happen to the court dates I have scheduled?

A: Kane, DuPage, Kendall and DeKalb Counties have all suspended non-emergency court dates through April 17, 2020. In Kane County, the judges are offering teleconferencing for previously scheduled pre-trial conferences and our office is working with our opposing counsels to move forward with those scheduled matters. The Circuit Clerk's Offices will be sending new dates for previously scheduled Case Management Conferences and status hearings. If your case was set for an extended hearing or trial, it is likely that those new dates will be scheduled after the courthouses resume regular operations. Should any circumstances change, we will be in touch with all of our clients to update you.

Q: Do I still need to follow my court ordered parenting schedule?

A: You should always follow court orders that are in place unless such orders are modified by the Court. However, during this time, it is imperative that you follow the advice of your doctor, your government officials, and the Center for Disease Control. Continue to work with your former spouse or partner to transition children between households in a safe manner. It is always best to keep children calm and stable in unfamiliar situations. If you have a specific question about your individual cases or parenting plans, please contact our office and we can answer your questions.

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 Posted on March 16, 2020 in Child Custody

The term “homecourt advantage” extends beyond the sports world. There is an advantage to having your divorce in a court that is close to where you live. Having to travel to another state for your divorce would be more costly, especially if you need to use litigation to settle your case. Choosing a court for your divorce should not be an issue if you both live near each other. If more than one state can claim jurisdiction for your divorce, the state that hears your case may depend on who files first and the practicality for both sides. Illinois has rules concerning jurisdiction in a parenting case when the two parents live in different states.

Determining Jurisdiction

The Uniform Child-Custody Jurisdiction and Enforcement Act says that the home state of the children should have jurisdiction over a parenting case but Illinois can claim jurisdiction if:

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 Posted on March 12, 2020 in Divorce

Infidelity is the most obvious example of a singular event that would cause a divorce. There are no comprehensive numbers on how many divorces involve one spouse cheating on the other because couples are no longer required to give a reason for divorce. Surveys suggest that infidelity is one of the most commonly cited reasons for divorce, but not all cases of infidelity result in divorce. Cheating is often the symptom of other marital problems that could have led to divorce on their own.

Something Lacking

A person who seeks an extramarital affair is likely looking for something that they are not getting or are unsatisfied with from their marriage. Sexual activity is often what is lacking, though the cheater can also have an emotional affair. A person may feel a lack of intimacy in their marriage but never seek satisfaction outside of the marriage through infidelity. However, that does not make the faithful spouse any happier in the marriage. If your goal is to save your marriage from a lack of intimacy, you need to discuss your concerns with your spouse, possibly through couples therapy. If you know you have no interest in continuing the marriage, you can save some pain by ending your marriage instead of having an affair.

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 Posted on March 11, 2020 in Divorce

It is true that divorce is a stressful process that is wrought with emotions. Divorcing your spouse is a serious life change that can cause distress for the whole family, but it is not just an emotional process. First and foremost, divorce is a legal process that comes with certain legal requirements. There are many times during a divorce that the court may order you to do things, and these orders are not suggestions — they are legally-binding and required by law. In some cases, refusing to cooperate with the court’s orders can result in jail time until the orders are followed.

What Is Contempt of Court?

Being in contempt of court is something you should do your best to avoid. If you are considered to be in contempt of court, you either did something that the judge specifically told you not to do or you did not do something that the judge ordered you to do. For example, a parent may be held in contempt if they refuse to follow their court-ordered parenting time schedule or if they do not meet requirements for paying child support.

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 Posted on March 09, 2020 in Prenuptial & Postnuptial Agreements

A prenuptial agreement is a useful document to have on hand if you and your spouse ever divorce. Though preparing for a hypothetical divorce seems awkward, it can be easier to come to an agreement now on how to divide some assets than it would be during a divorce, when you may feel less inclined to cooperate. The prenuptial agreement creates a framework for a divorce agreement, which would save you some time during a divorce. However, there are limitations to what a prenuptial agreement is allowed to do in Illinois. If you create an agreement that breaks the state’s rules, then your agreement will be invalid once it comes time to use it. Here are three things you cannot do in a prenuptial agreement:

1. Settle on Parental Responsibilities and Child Support: A prenuptial agreement cannot decide how you will allocate parental responsibilities or divide child support. The parenting plan in a divorce must serve the best interests of the children. You cannot know in advance what division of parenting time will be best for the children, especially if they are not even born yet. Illinois calculates child support using a formula based on both parents’ incomes. You cannot decide that one parent would pay less child support than what they are legally obligated to pay.

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 Posted on March 04, 2020 in Child Custody

Figuring out a parenting plan during your divorce is complicated, but there are additional difficulties if one of your children has special needs. Raising a child with special needs may require dedicating additional resources to accommodate their physical and/or mental disabilities. A parenting plan needs to account for these in its allocation of parental responsibilities and child support. Children with special needs can be more vulnerable when dealing with the changes that come with their parents divorcing.

Parenting Time

There are several factors that you need to consider when creating a parenting time schedule for your special needs child:

• If your child has physical disabilities, will both parents have a home that can accommodate them?
• Are both you and your co-parent capable of caring for your special needs child on your own?

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 Posted on March 04, 2020 in Child Custody

When it comes to child custody, the court has one goal: to protect the child’s best interests. To do this, there are a variety of factors that are considered when allocating parenting time and decision-making responsibilities. Some of these factors include things such as the level of cooperation between the spouses, the child’s adjustment to their home, school, and community, and even the stability of each parent and their ability to facilitate a loving relationship with the other parent. Another factor that has come up in Illinois courts more recently is whether or not a parent’s legal marijuana usage can (or should) affect that parent’s child custody rights.

The Legality of Marijuana in Illinois

Prior to the beginning of 2020, marijuana use was only legal for registered medical marijuana patients. On January 1, 2020, recreational marijuana became legal in the state of Illinois. Under the new law, adults who are over the age of 21 are permitted to purchase and consume marijuana legally. Even though many states have decriminalized or legalized marijuana, the drug still remains illegal under federal law.

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 Posted on February 29, 2020 in Divorce and Finances

A spouse who owns a business is capable of manipulating their income during a divorce. Reporting a lower income means that they may not have to pay as much towards child support or spousal maintenance. A business owner may intentionally lower their income leading up to the divorce through methods such as:

• Deferred compensation
• Putting more of their revenue towards business expenses
• Delaying customer payments until after the divorce

If you believe your spouse’s reported income is unusually low, you need to investigate their business and income records to see where their money is going. It is important to act on your suspicions during your divorce.

Recent Case

In the Illinois case of In re Marriage of Onishi-Chong, a woman was petitioning to revise her divorce settlement because she claimed her former husband fraudulently concealed his income. The husband is the co-owner of a financial advising company. During the divorce, the petitioner claimed that her husband’s income should be higher than what he reported, based on the following observations:

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