Posted on May 09, 2019 in Child Custody

Disputes over parenting time after a divorce or separation usually involve parents fighting to spend more time with their children or claiming that the other parent is withholding the children. You can ask a court to enforce your parenting schedule if you cannot resolve the issue between each other. What if you have the opposite problem? What if your co-parent will not take the children during his or her scheduled parenting time? Can you force your co-parent to take the children? In this situation, you may need to resolve the issue yourself because you are unlikely to legally compel your co-parent to use his or her parenting time.

Potential Problems

Both parents are required to financially support their children after a divorce, but parenting time is not guaranteed to both parties if it would be against the best interests of the children. You may feel happy to receive more parenting time with your children if your co-parent refuses it. However, the situation is still problematic:

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 Posted on May 09, 2019 in Uncategorized

When you see wedding bells in your near future, there are probably 101 things on your mind -- and a prenuptial agreement is not likely to be one of them. Though it can seem unromantic and it may feel like you do not trust your future marriage, a prenuptial agreement can be a hugely beneficial tool in the event that you and your spouse ever get divorced. Prenuptial agreements give you freedoms from certain laws that you would not otherwise have. A prenuptial agreement is a legal document that allows you and your spouse to basically plan your divorce before it happens. Prenuptial agreements allow you to address issues such as property division, spousal maintenance and ownership of businesses or professional practices.

Prenuptial agreements are not just for the rich and famous -- they are useful for almost everyone. Here are a few reasons why you may want to consider getting a prenuptial agreement before you tie the knot:

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 Posted on May 07, 2019 in Child Support

The continued payment of child support is a serious matter in Illinois. Your co-parent can take you to a family court to enforce your child support agreement if you miss payments. A court that finds you in contempt of your child support agreement can use wage garnishment or the seizure of other property or funds in order to repay the money that you owe. As further punishment for your lack of payment, Illinois can suspend your driver’s license until you pay the child support in full.

Suspension Policy

Both Illinois courts and the Department of Child and Family Services have the authority to request your driver’s license suspension if you have not made any child support payments for at least 90 days. In either case, the Illinois Secretary of State’s office receives the request and will notify you of your pending suspension, to start in 60 days. At that point, you have two options:

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 Posted on May 01, 2019 in Child Custody

The equal right to parental responsibilities after a divorce assumes that the children will be safe with both parents. Unfortunately, some divorced parents put their children in danger because of their personal behavior and lifestyle choices, such as substance abuse or frequent partying. It is your responsibility to protect your child if you have reason to believe that your co-parent is a threat to your children’s safety. You may need to file a court order to change the allocation of parental responsibilities. However, you must present evidence of your co-parent’s dangerous behavior.

Forms of Danger

It is not enough to say that your co-parent has a drinking problem or behaves recklessly. You must focus on how your co-parent’s actions are putting your children in danger. There are clear ways to connect your co-parent’s irresponsible behavior with his or her parenting ability, such as:

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 Posted on April 26, 2019 in Uncategorized

When it comes to divorce cases and issues involving children, the Illinois court system places the needs and well-being of the children above all else -- including the parents. Child custody can be a contentious issue in divorce cases, but the job of the judge assigned to your case is to ensure that the child is safe, well cared for and loved, no matter the custody situation. Illinois courts understand that children do their best when both parents are present in their lives. The Illinois Marriage and Dissolution of Marriage Act specifically states that "it is presumed that both parents are fit and the court shall not place any restrictions on parenting time." A judge will, however, place restrictions on parenting time if he or she feels the child would be in danger by spending time with one or both parents.

Considering Parenting Time Restrictions

It is widely understood by most people that a child not only deserves to have both in his or her life, but that they also thrive when they form a relationship with both parents. In most divorce cases, there will be an equal or nearly-equal allocation of parenting time. Unless a parent petitions to have the other parent’s parenting time restricted or the court learns of a danger to the child, parenting time will not be restricted. Before any decisions are made, a hearing will be conducted to determine whether the child’s mental, emotional, physical or moral health would be in danger if he or she were to spend time with the parent.

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 Posted on April 24, 2019 in Divorce

Divorce has the unfortunate tendency to bring out the ugly side in some people because they feel hurt and stressed out by the end of their marriage. Your spouse may react by becoming angry and spiteful during the process. The anger may be obvious if your spouse has frequent outbursts or accuses you of wrongdoing. It can also be more subtle if your spouse is unwilling to negotiate and seems more interested in hurting you than reaching an agreement. There is little you can do to change your spouse’s behavior, but you can try to make the best of the situation with these tips:

1. Respond to Anger with Calm: You may be angry at your spouse for his or her behavior, but showing your anger will make the situation worse. Stick to constructive conversations and ignore your spouse’s provocations that are meant to drag you into an argument. Let your attorney speak on your behalf if you find yourself losing your calm. Remind yourself that the divorce process will eventually end and you can limit your contact with your spouse after that.

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 Posted on April 24, 2019 in Asset Division

One of the most difficult issues that all couples have to face when they get a divorce is determining how they will divide the marital property. Most people think that property division only pertains to assets such as the family home, vehicles, cash and other household items, but all of a couple’s property needs to be divided during a divorce -- including assets and debts that are not necessarily tangible. Property division tends to become more difficult the longer a couple has been married because couples that have been together for many years have typically accumulated more together.

Marital and Non-marital Property

Before you go to court, you must first determine which property is actually subject to division. In Illinois, all marital property is subject to division and non-marital property is not. Marital property is any property or debt that was acquired by either spouse after the marriage. All other property is considered to be non-marital property.

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 Posted on April 20, 2019 in Divorce and Finances

People who have filed for divorce are less likely to talk to others about their personal finances, according to a recent CNBC survey. Amongst the survey respondents who were divorced, 56 percent said that they rarely speak with family members about their money. Only 27 percent of all the survey respondents gave the same answer. There is nothing wrong with financial discretion when talking to family members. However, divorcees put themselves at risk if they do not talk to anyone about their financial troubles.

Reason for Silence

People dislike sharing their financial concerns with friends and family because they may be embarrassed about their situation. Unfortunately, divorce causes financial trouble for some people because:

• They are primarily relying on their individual incomes to support themselves;
• They lost some of their marital properties as part of the divorce;

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 Posted on April 17, 2019 in Child Support

Divorce can disrupt the financial plans from your marriage, including savings you have accumulated for your child’s college expenses. If you have been making regular contributions to a college fund, you may worry about how you will continue to afford them on your individual income while also supporting yourself and your child. You should discuss your college savings plan with your spouse during your divorce negotiations, including who will control any existing savings and how to ensure that the money goes towards your child.

Types of Plans

Savings accounts from your marriage, such as a retirement plan, are considered marital assets because they are funded with marital income. Even if you keep control of the entire account after your divorce, you may need to compensate your spouse for half of the value of the account. A court may exclude your college savings account from your marital property if it classifies the account as a fund set aside for your children. The best way to do this is by creating a plan that is meant for college savings, such as a:

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 Posted on April 17, 2019 in Uncategorized

You have had it up to your ears with your spouse, and your spouse is fed up with you. You both know that you want to end the marriage, but you both also know how stressful, long and drawn out divorces can become. You know you want something that is as quick and easy as possible.

One option that you may have is to apply for a joint simplified dissolution of marriage. This type of divorce is expedited and can allow you and your spouse to complete a divorce much quicker than a traditional divorce. Importantly, there are certain requirements that couples must meet in order to qualify to use a joint simplified dissolution of marriage.

Requirements for a Simplified Divorce

Only certain couples qualify to file for a joint simplified divorce. According to Illinois law, the following requirements must be met before a couple can file for a simplified divorce:

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