Posted on March 08, 2020 in Divorce

Although most people who get married enter into their union thinking it will last “til death do us part,” that is not what statistics show. Approximately 40 to 50 percent of all marriages end in divorce in the United States. There are many reasons that can cause a couple to file for divorce. Issues such as infidelity, financial problems, and drug or alcohol addiction can all put a significant strain on any relationship. Illinois is a no-fault state, which means that a couple must only have “irreconcilable differences” as grounds for divorce. However, when one spouse has a substance abuse problem, this can make the divorce process very challenging. That is why it is essential that you plan ahead and take steps to protect your rights before filing for divorce from an addicted spouse. 

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 Posted on February 29, 2020 in Family Law

Just like every child and family, every adoption is unique. For those looking to expand their family, there are various avenues that they can take. Making the decision to adopt the beginning of many more large decisions that must be made in this lengthy process. After you have chosen to expand your family through adoption, you must then consider your various adoption outlets. In some cases, adopting parents may be set on one way to adopt their future child. While it is helpful to have an idea of how you wish to adopt, it is important to consider all of your options before diving in — you may be surprised by the adoptive path you decide to follow.

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 Posted on February 22, 2020 in Divorce

During the divorce process, property division can be the most contentious conversation that you and your soon-to-be ex-spouse will have. Not only is it emotionally difficult to discuss divvying up your life together, but it can also reveal sides of your former spouse that you may have never seen before. The division of assets can sometimes feel like a lose-lose situation, especially when you do not think that your previous partner deserves some of your belongings. Having an experienced divorce attorney on your side can help you determine which assets you are willing to give up and which ones are worth fighting for. Without a proper lawyer’s help in states like Illinois, it may feel like you are giving up a lot more than you expected.

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 Posted on February 17, 2020 in Divorce

Divorce rarely comes as a surprise and is often a decision that is made by both spouses after months, or even years, of conflict. Unfortunately, most divorcing couples can see their marriage coming to an end as time goes on. Though this may be difficult to accept for some, most spouses have come to terms with their divorce before contacting an attorney for help. For those who see their marriage coming to a close, it is important to financially prepare for your future. It is no secret that divorce can be an expensive legal process, but with proper preparation, you can be fully prepared for the start of your single life before signing any legal documents.

Re-creating Your Budget

Many families have a budget that they work with on a monthly basis. Whether it is typed up on a spreadsheet or simply an estimate in the back of your head, this budget will have to be revamped for those going through a divorce. This budget may look different during your divorce to accommodate for any legal or court fees that you may incur during the divorce process. Having an idea of a post-divorce budget is a good way to start your new life. In most cases, this budget cannot be nailed down until after you and your divorcing spouse have discussed spousal and child support payments as well as the division of assets.

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 Posted on February 10, 2020 in Family Law

Many have heard the word “prenup,” but “postnup” has not received nearly as much coverage. Prenuptial agreements are typically discussed in the news as wealthy celebrities tie the knot, yet many have never heard the term postnuptial agreement. In the past, prenups have been “reserved” for the rich and disregarded by the average American. The tides have turned as millennials have changed the average age for marriage. Now that newlyweds have been getting married at a later age, they often have larger savings accounts and more to lose in the instance of divorce. Prenups are a good safety net for any married couple, and postnups have begun to rise in popularity as well. Understanding the difference between the two and knowing their benefits is information that every couple should take the time to learn about before signing on the dotted line.

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 Posted on January 31, 2020 in Child Custody

Relocating your family to a new environment can play a role in your divorce proceeding or come up after the ink has dried on your divorce papers.

Although you believe moving your child 500 miles away from where your divorce occurred will be good for them, the court and your child’s other parent may not agree.

In Illinois, the parent with primary parenting time does not need court approval to move with their children if the other parent does not object or the move is within 25 miles of their current residence in Will, Cook, DuPage, Kane, Lake or McHenry counties. For other counties, the limit is 50 miles. Any move outside of those set mile ranges must be filed by written notice and approved by the court.

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 Posted on January 26, 2020 in Child Support

In Illinois, child support stops once the child turns 18 or when they have graduated high school – whichever happens later. Under Illinois divorce law, the court may order a parent to help pay for a child’s college expenses after child support has ended if the child is planning to continue their education. Although child support is required to be paid even for parents who never got married, Illinois does not require college expense payments to be made. If your child is planning to go to college, it is important to consult with a knowledgeable family law attorney to file a petition for college expense payments to be granted to your child since it will not automatically go into effect.

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 Posted on January 21, 2020 in Child Custody

When parents are in the middle of a battle over the allocation of parental responsibilities, the state of affairs can be intense. In some cases, the parenting dispute can result in one parent taking the child without the consent and knowledge of the other parent or the court. Despite their status as a legal parent, this still qualifies as “kidnapping” or “child abduction” and can turn a civil case into a criminal case with harsh consequences for the offending parent.

Child Abduction

Kidnapping is a felony in Illinois, and a conviction can result in fines, probation and jail time. An individual will be charged with child abduction when he/she does one of the following: 

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 Posted on January 12, 2020 in Family Law

Adopting a child is not something to take lightly. Whether you are a grandparent, brother, sister, step-brother, step-sister, aunt, uncle, or unrelated to the child you wish to adopt, once the adoption process is complete, you are responsible for making sound-of-mind decisions based on the best interest of the child.

However, if you have a criminal record, adopting a child may be more difficult, or in some circumstances, off the table.

What To Expect

According to the Illinois Adoption Act, the following is done during the adoption process:

• A fingerprint-based FBI and state criminal background check. This background check is mandatory for the prospective adoptive parent(s), as well as anyone living in the household. The results of the criminal background check are then given to the court for its review. The court may weigh the significance of the results before continuing or suspending the adoption process.

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 Posted on December 31, 2019 in Family Law

Prenuptial agreements are not mandatory within an Illinois marriage, but any engaged couple that has personal or business assets may want to protect what is theirs before getting married.

A prenuptial agreement is a written agreement that both you and your future spouse construct before getting married. This agreement lays out how property and assets will be divided if divorce or death were to occur. Items that can be included within a prenuptial agreement include:

• Division of property and/or assets
• The right to manage and control property belonging to the other spouse

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