Posted on February 19, 2019 in Divorce and Finances

Being able to afford your divorce may be one of your largest obstacles when you are considering whether to end your marriage. You will need enough money to hire a divorce attorney and support yourself when the process starts. You cannot rely on being able to immediately access the money in your marital accounts, which may be frozen. If you are financially depending on your spouse, it could take months to establish spousal maintenance payments. In order to afford a divorce, you can start saving money while married and consider other sources of financial support.

Emergency Fund

You need a source of money that is independent of your marital bank account. It could be an individual savings account or cash, as long as it is secure and easily accessible. Your savings should come from individual sources of income because taking the money from a joint account will draw suspicion from your spouse. The money could be:

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 Posted on February 19, 2019 in Asset Division

Today, nearly three million ex-spouses within the United States earn Social Security benefits from their former spouse's work records. If you or your ex have Social Security benefits and are officially divorced, you may want to know what rights you have under the law. Additionally, if you are considering divorce, you will want to understand what your spouse is likely to claim in the future. This information can directly impact the divorce judgment with regards to property division and support claims. Consider the following regulations:

Length of Marriage

According to the United States Social Security Administration, if you are divorced, but your marriage lasted at least ten years, an ex-spouse can receive benefits from another spouse’s record. An ex-spouse is still eligible even if the benefiting spouse has remarried. However, if the non-benefitting ex remarried, they can no longer make a claim, unless their new marriage ends, either by death, divorce, or annulment.

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 Posted on February 14, 2019 in Child Custody

Since 2016, Illinois has used the term “allocation of parental responsibilities” instead of “child custody.” The name reflects that parenting after a divorce or separation is a shared responsibility, not just a determination of who gets to keep the kids. Each parent must fulfill his or her assigned responsibilities when the children are with him or her. If one parent is incapable or unwilling to assume those responsibilities, then a court may give sole responsibility to the other parent.

Caretaking Functions

Illinois’ Marriage and Dissolution of Marriage Act has a list of parental responsibilities, which it calls “caretaking functions.” There are eight functions that parents are expected to provide for their children during their parenting time:

1. Attending to a child’s nutrition, health, safety, and hygiene;

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 Posted on February 12, 2019 in Child Custody

In many homes, a family may move away from relatives and friends to follow the course of one spouse's career. If, however, the marriage comes to an end, it is only natural that at least part of the family will wish to return home. Or, in another situation, a divorced parent may find another job that removes them from the location of their original family home. Circumstances change continuously, and there are laws designed to help determine the appropriate course of action for families who find themselves in relocation situations. Illinois relocation laws say:

Advanced Notice

When a parent chooses to relocate with a child, they must provide advance written notice to the other parent. This notice must include:

• The intended moving date;
• The intended new address;
• Whether the move is permanent, and if not, it must consist of the length of stay; and

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 Posted on February 11, 2019 in Divorce

Teachers have a lower divorce rate as compared to other professions, but those who do get divorced face unique challenges. As a teacher, your primary concern is usually for your students. Your caregiving nature likely extends to your home life, as a spouse and parent. During your divorce, you may be focusing on your own needs more than you are accustomed to doing. It is important to take care of yourself during your divorce and plan how you will balance your teaching career with your personal needs.

Taking Time Off

Most divorcees use occasional personal days in order to attend meetings or court hearings. Teachers must also be aware of their emotional state and how it may affect their students:

• You must be able to make it through the school day without emotionally breaking down in front of your students; and
• Being distracted by your divorce may make you less attentive as a teacher.

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 Posted on February 06, 2019 in Family Law

It should be obvious that you are not allowed to break into your spouse’s locked filing cabinet in order to obtain his or her personal documents during your divorce. The same concept applies to digital information. You are not allowed to snoop through your spouse's computer or other electronic devices to find private communications and documents. The evidence you find would be inadmissible in your divorce case, and you could face criminal charges for violating eavesdropping laws. However, you can use digital information that your spouse makes available to the public.

Electronic Eavesdropping

Eavesdropping is the act of obtaining information that a person can reasonably expect to remain private. There are several methods someone could use to eavesdrop on his or her spouse’s electronic communications or access digital documents:

1. Unauthorized Log-In: Many computers and email accounts require a user name and password in order to access them. You may know or be able to guess your spouse’s log-in information, but you are not allowed to log in to his or her private accounts without permission.

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 Posted on February 05, 2019 in Family Law

In today’s job market, it is becoming increasingly necessary to have education beyond a high school diploma. Regardless of whether that means attending a trade school or earning a degree, the price of higher education continues to increase as a direct result of supply and demand economics. Not only do parents feel the pressure to ensure the best life for their children, but Illinois also puts additional pressure on parents to cover this demand by ordering parents to pay for undergraduate education.

The requirement leaves many divorced Illinois parents wondering, who is ultimately responsible for the bill?

Your Divorce Occurred in the Past

If your divorce occurred years ago when college planning was the last thing on your mind, it is not unusual to require a modification of terms. First, review the original divorce decree to see if it included any stipulations regarding higher education. This step must be completed well before the child begins schooling or acquires any education expenses. If the issue was on reserve to review at a later date, failing to discuss the decree until after cost accumulation may result in a denial of assistance for the current expenses.

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 Posted on February 03, 2019 in Divorce

Getting a divorce can ultimately lead to a more fulfilling life, but the immediate effect can be a blow to your self-confidence. It is common to feel like you failed in your marriage and question whether you can create other meaningful relationships. While you may struggle to move beyond this self-doubt, there are ways that you can boost your confidence during and after your divorce:

1. Remember Your Strengths: You are dwelling on the failures in your life, ignoring the many successes you have had, both professional and personal. Try writing out a list of your accomplishments to remind yourself that you are a strong and capable person. Successes could be getting a college degree, starting a job, or raising your children. Even the fact that you were married was an accomplishment because your positive qualities were enough for someone to want to marry you.
2. Talk to Your Support System: Your depression during your divorce can skew your memories of your past accomplishments and your sense of self-worth. A family member or close friend can tell you about the things they love about you. A divorce coach or therapist can help you look at your life more objectively and realize that you are being too hard on yourself.

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 Posted on January 30, 2019 in Child Support

Getting remarried is an exciting event because it signifies a resolution to your divorce in many ways. You have proven that you can find a new relationship. If you were receiving spousal maintenance, you can break that financial tie to your former spouse. However, your obligation to provide child support will remain, regardless of whether either of you gets remarried. There are limited circumstances in which the child support payments can be modified after one parent gets remarried.

Principles of Child Support

Divorced parents pay child support because they share a financial obligation to care for their children. That obligation will always remain with the two legal parents of the children and not with any new spouses. Your new spouse cannot become the legal parent of your children unless your co-parent relinquishes his or her parental rights and your new spouse adopts your children. Thus, courts have traditionally not considered the income of a new spouse when determining child support payments. However, an Illinois court ruling in 2014 broke with that tradition when it found that:

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 Posted on January 28, 2019 in Uncategorized

 Not only is driving under the influence of drugs or alcohol imperative to our safety and wellbeing, but it is also against Illinois state laws. The law clearly defines what constitutes driving under the influence, as well as the penalties of being found guilty of such violations. Due to the increased safety concern of impaired driving, the state legislature enacted strict DUI laws in conjunction with severe punishments.

A Brief Summary of Illinois State Law 625 ILCS 5/11-501

According to Illinois state law, it is illegal to drive or otherwise be in physical control of a vehicle when:

• Your Blood Alcohol Content (BAC) is .08 or higher;
• You are unable to drive safely due to alcohol or another intoxicating substance;
• You consumed any amount of any controlled substance; or
• You have a THC concentration of 5 nanograms or more in your bloodstream.

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