Posted on July 08, 2024 in Divorce

Ending a marriage is rarely an easy decision. Even when both spouses agree that separation is the best path forward, the divorce process can be emotionally taxing. In an ideal world, couples would always part ways amicably, working together to create fair arrangements for property division, finances, and, if applicable, child custody. However, real life is often more complicated, and sometimes, divorces become contested.

A contested divorce occurs when spouses cannot agree on one or more issues. This situation can arise even between couples who still maintain mutual respect. It is not about being difficult or uncooperative; it often stems from genuine concerns or differing perspectives on what constitutes a fair resolution. An Illinois lawyer can help you determine what to do with a contested divorce.

Common Reasons for Contested Divorces

• Child-related matters: Parents naturally prioritize their children’s well-being. Disagreements may arise over custody arrangements, parenting time, or decision-making responsibilities. Each parent might have a different vision of what best serves their children’s interests.

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 Posted on June 20, 2024 in Domestic Violence

Domestic violence accusations are taken very seriously in Illinois. To ensure that all victims are protected, there is a streamlined process in place that does not always require corroborating accusations before taking action. If your wife has falsely accused you of domestic abuse, the court might grant her an Order of Protection, and you can be legally obligated to maintain a distance from your home and even your children until it is resolved. She might even get an Emergency Order of Protection, which is issued almost immediately without hardly any bureaucracy or processing delays. Fortunately, if you can demonstrate that her claims are false, you have options. If you are facing false accusations of domestic violence, contact a passionate DuPage County, IL family law attorney to understand how you can fight them.

Responding to an Emergency Order of Protection

Accusations of domestic abuse are taken seriously. There is a dedicated procedure that needs to be carried out for the court to determine whether the accusations are valid and an Order of Protection should be issued. However, based on the accuser’s testimony alone, an Emergency Order of Protection (EOP). This is a form of a restraining order that can take effect immediately. It is not issued instead of a regular Order of Protection but just used until the court completes the regular process to prove that an Order of Protection is necessary. If the court issues an EOP, you will be given information about:

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 Posted on June 10, 2024 in Child Support

One reason parents get nervous about going through a divorce is finances. Even if only one spouse works and earns a salary, the household and child-raising expenses are shared and jointly managed by the couple. If you have been a stay-at-home mom depending on your husband’s income, the idea of managing financially on your own can be overwhelming.

Child support is meant to help. If one parent ends up taking on more of the child-raising responsibilities after a divorce, the other parent needs to send them regular payments to compensate for it. Often, this is a logical arrangement that suits both parents: If one parent has less flexibility to work because they have to drop the child off, pick them up, shuttle them around to their medical appointments and extracurricular activities, and generally be available, it makes it harder for them to have a demanding but lucrative job. It also means the other parent is free to stay at work late and establish themselves at their job, and in turn, they can earn more money.

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 Posted on May 24, 2024 in Divorce

Years ago, you needed to be able to come to divorce court in the state of Illinois and give a good enough reason why your marriage was ending in order to be approved. If the court did not think you had a good enough reason to split up, you needed to stay married. Thankfully, as of January 1, 2016, Illinois has been a “no-fault” state. That means you do not need to explain the specifics behind why you and your spouse no longer want to be married and you do not need to convince the court that it is a good enough reason. The only grounds recognized for divorce in Illinois are irreconcilable differences. Regardless of whether someone cheated on the other, lied, or hurt them, neither spouse is considered to blame. The couple simply had differences that were too significant for them to overcome. If you are confused about how this might impact your future divorce, speak with an Illinois family law attorney to find out more.

What Does Irreconcilable Differences Mean?

Since Illinois is a no-fault state, spouses who want a divorce no longer need to give any reason why they want this other than irreconcilable differences. This has changed how divorce works in a few ways, including:

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 Posted on May 10, 2024 in Child Custody

Breakups are generally difficult to go through emotionally. Even if the people breaking up with each other have a great deal of respect and appreciation for one another, they are still acknowledging that they are unable to overcome differences or obstacles and are better off apart than together. It can be a harsh conclusion to come to, even more so if the couple is married with children. People tend to prefer staying together and raising their children as a couple, but sometimes that simply is not possible.

Parents going through a divorce need to figure out how they will be splitting their property and assets, what sort of spousal support arrangement they will have, and how they will continue raising their children with this new dynamic in their relationship. While some couples might have ugly fights with each spouse trying to get sole custody, other parents try to work together to come up with creative solutions that might suit their children’s best interests.

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 Posted on April 25, 2024 in Alimony

When a couple gets divorced in Illinois, one of the parties often must pay spousal support, or alimony, to the other. The amount of alimony payments and their duration are based on several factors, such as:

• The length of the marriage

• The income of each spouse

• Which spouse has child custody

Sometimes a spouse is ordered to pay alimony indefinitely, and sometimes he or she must pay spousal support for a fixed amount of time. In either case, spousal support can be terminated in certain circumstances, such as remarriage. 

This article will discuss when remarriage affects alimony, though any questions about spousal support should be directed to a qualified Illinois attorney.

What Happens if the Payor Gets Remarried?

The spouse who pays the alimony is called the payor, and the spouse receiving the alimony is called the payee. If the payor gets remarried, he or she must continue making spousal support payments. 

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 Posted on April 11, 2024 in Alimony

Getting a divorce in Illinois requires planning. This is especially true when it comes to finances that will be affected by the divorce. People who dissolve their marriages often lose considerable amounts of money in the form of:

• Child support

• Spousal support, also known as alimony

• Division of assets

If you get divorced, it is best to first make sure you are gainfully employed if possible. This will allow you to plan a budget for after the divorce and not sink too far into debt.

But sometimes, divorce is not up to you. If your spouse files for divorce and you are unemployed, consult with an experienced divorce attorney who can walk you through your options. 

Here are a few things to consider if you are unemployed and getting a divorce in Illinois.

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 Posted on March 23, 2024 in Child Support

In the state of Illinois, child support payments are calculated based on several factors, with special emphasis placed on the payer’s income. This brings up a logical question. What if your income does not always remain as it was at the time that you got divorced? If you lose your job, can you stop making those payments? If you get a raise, do you need to pay more? Just like with all other aspects of your divorce settlement, the answer to these questions is that it all depends on your specific circumstances. If you were given a raise at work recently, a knowledgeable DuPage County, IL divorce lawyer can review your situation and guide you on how to proceed.

Who Can Request a Modification?

In a child support arrangement, there is a paying parent and a non-paying parent. Any requests for modifications need to come from the non-paying parent. Additionally, these requests need to be submitted to the court rather than directly asking the paying parent to pay more. Unless it is stated clearly in the divorce settlement or child support agreement, the paying parent is not required to inform the non-paying parent that they got a raise. They are also not required to do anything or make any changes to their payments unless a judge grants a modification.

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 Posted on March 13, 2024 in Divorce

There are many reasons why a couple might wish to end their marriage. While the state of Illinois takes marriage seriously, and there is a process that needs to be carried out for a couple to end theirs, ending it is a legally recognized possibility, and no one needs to feel stuck. Whether you or your spouse have changed in some way, or you realize you never should have gotten married in the first place, you certainly have legal options for putting an end to your marriage. This article will describe some of those, and an experienced DuPage County, IL divorce lawyer can provide more detail and advise you on which method might suit you best.

Divorce

While it is the most commonly known way to end a marriage, divorce can also be the most complicated of the possible methods to go through. Depending on the unique circumstances of the couple, a divorce process can be one of high conflict and animosity or more amicable and collaborative. Several factors can affect how tense any given divorce will be, including:

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 Posted on February 19, 2024 in Domestic Violence

Domestic violence is, unfortunately, a very common occurrence. In fact, the Centers for Disease Control have stated that millions of Americans are affected by domestic violence every year. When someone is a victim of domestic violence, it can be extremely difficult for them to leave the situation, considering all the ways they will need to start over, but no one should have to suffer through the awful experience of being abused in their home or by a relative. If this describes you, please know that you have options, and a Wheaton, IL family law attorney can help.

Order of Protection

Victims of domestic violence can file a petition for a restraining order, officially called an Order of Protection. This order restricts the abuser from coming within a certain distance of and contacting you and/or your children, depending on the specific circumstances. If your abuser violates this order, they can be arrested and incarcerated, so they will be motivated to abide by it.

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