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Will I Receive Spousal Maintenance After My Illinois Divorce?

 Posted on September 25, 2019 in Spousal Maintenance

Wheaton spousal maintenance attorneyFor many people, one of the biggest stressors in their marriages is money. Unfortunately, financial stress does not go away if you decide to get a divorce. Couples that are used to living off of two incomes can find it difficult to revert back to a single paycheck each month. After divorce, a two-income household becomes two households running off of two separate incomes. Some spouses may wonder how they are going to make ends meet when it is just their income paying for everything, especially if children are involved. In order to avoid leaving one spouse in financial distress, Illinois law may require some spouses to provide spousal maintenance payments (also known as alimony) to their former partner after finalizing their divorce.

Factors for Receiving Spousal Maintenance

Not every divorce case involves a spousal maintenance award. In fact, today’s divorce cases do not involve spousal support unless a serious need is established for this form of compensation. If one spouse requests maintenance, the court will look at a variety of factors to determine whether or not a maintenance award is appropriate. These factors include:

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How to Handle a Contentious Spouse During Divorce

 Posted on September 18, 2019 in Divorce

Wheaton divorce attorneyFor some, divorce can feel like a fresh start after being in an unhappy marriage; however, divorce can also bring out the worst in people. Many partners think they know their spouse, but there are times that a divorce can change a person completely, prompting them to act in ways that their spouse never imagined. Some divorcing couples become extremely argumentative and combative, making the divorce more difficult and emotionally stressful for everyone in the family. Whether you anticipated your spouse’s difficult behavior or were surprised by their attitude, here are a few tips to help you get through a divorce with a high-conflict spouse:

Minimize Contact With Your Spouse

One of the most important things you can do to deal with a high-conflict spouse is to limit your contact with them. Avoid speaking to them unless it is necessary for your divorce or for parenting reasons. When you do contact them, try to do so in written form, such as texting or emailing, to make it easy to record the conversation in case it may be necessary to provide evidence of your interactions. 

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Divorce and Credit: Protecting Your Financial Health During the Split

 Posted on September 10, 2019 in Divorce

Wheaton, IL divorce attorneyEvery couple is different, but it is not uncommon for one spouse to have most of the responsibility when it comes to the family’s finances. This can be troublesome during a divorce, because the spouse who did not handle the money during the marriage often gets the short end of the stick, especially when it comes to the asset division process. Divorce can wreak havoc on your financial well-being, especially when it comes to your credit score. If you are getting divorced, it is important to take control of your finances and ensure you come out of the divorce without taking a huge hit to your financial health and credit score.

Tips to Maintain and Improve Your Credit Score

Simply getting a divorce will not affect your credit score. However, other things that happen during a divorce can affect your credit for the worse. To protect your credit score and make sure you come out of the divorce with acceptable credit, here are a few tips you should follow:

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What Should I Address in My Prenuptial Agreement?

 Posted on August 28, 2019 in Family Law

DuPage County prenuptial agreement lawyerPrenuptial agreements have become more common than ever, yet many couples continue to tie the knot without this form of additional security. There is a preconceived notion that prenuptial agreements are only beneficial for the wealthy; however, every couple can benefit from a prenup. A prenuptial agreement is a legal document that outlines how certain issues will be handled if the couple ever files for divorce. The agreement must be signed by both parties, of their own free will, before the wedding takes place. There are many things that you can include in a prenuptial agreement, and it is important that you consider all of your options before you sign it.

The Engagement Ring

One of the basic purposes of a prenup is to protect your personal property from being considered marital property in the event of a divorce. Since the engagement ring is given prior to the marriage, it is technically the property of the receiving spouse. In order to protect this asset, you should have your ring appraised to know its financial value, then include it as one of your personal assets.

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What Are the Benefits of Establishing Paternity in Illinois?

 Posted on August 22, 2019 in Family Law

DuPage County paternity lawyerEstablishing paternity is not something that many mothers think about, since most fathers are presumed. In a legal sense, paternity is the established legal relationship between a child and their father. Establishing paternity gives both the child and the father rights that they would not have without the legal classification. Many (including Illinois courts) agree that most children thrive when they have both parents playing an active role in their lives. Not only does establishing paternity authorize legal rights, but it also helps facilitate the parent-child relationship. Many other benefits come with establishing the paternity of a child, which is why you should consider completing the legal process if your child’s paternity has not been legally recognized.

Presumed Paternity

In the state of Illinois, paternity is presumed if the mother and father were married at the time the child was born or if they were married within a 300-day time period before the child was born. If neither of those situations applies, either the mother or father must take action to legally establish the paternity of the child. This can be done by filling out a Voluntary Acknowledgement of Paternity form while at the hospital or by filing it with the Department of Healthcare and Family Services. Paternity can also be established through the use of genetic testing and an administrative or court order.

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Have You Considered a "Nesting Plan" In Your Illinois Divorce?

 Posted on August 15, 2019 in Child Custody

Naperville family law attorneyStarting a new life after divorce can be tough for everyone, but for children, the adjustment can be especially challenging. Kids are accustomed to having both parents constantly in their lives and any change can be difficult. They thrive off of stability and permanency, which is why co-parenting arrangements can sometimes be disruptive to children. One alternative solution to the traditional co-parenting structure is called a “nesting” plan. This type of plan does not work for every family situation, but it is an option worth considering.

What is a Nesting Plan?

A nesting plan is a type of alternative co-parenting arrangement in which the children remain in the family home and the parents take turns living in the home with them. This type of arrangement allows children to have minimal disruptions in their everyday lives and continue to live under the same roof at all times. Rather than requiring the children to pack up and move between two households, the parents take on that burden for the benefit of their children. 

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How Can I Keep My Illinois Divorce Costs Low?

 Posted on August 09, 2019 in Divorce

DuPage County divorce attorneyDivorce is considered to be one of the most stressful life events you can experience, and almost 50% of married couples go through it. One of the factors that contributes to the stress of a divorce is the financial aspect. It has been estimated that divorces can cost anywhere from a couple of thousand dollars to almost $100,000, depending on the couple’s situation. While getting a divorce is never free, there are certain things that you can do to help keep your divorce costs reasonable.

Come Prepared to Meetings With Your Attorney

While your attorney will play a crucial role in your divorce case, you want to make the best use of their time and avoid paying for unnecessary attorney's fees. In order to cut back on the amount of time spent in legal meetings, come to your appointments organized. If you know that you will be meeting to discuss property division, make sure you come prepared with a list of your marital assets and debts and any other relevant financial documents that may be useful to your attorney.

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Is it Possible to Modify an Illinois Child Support Order?

 Posted on July 31, 2019 in Family Law

DuPage County child support modifications attorneyOne thing that is addressed in all divorce cases involving children is child support. Illinois believes that both parents have a responsibility to financially contribute to the cost of raising a child. Because of this, child support is not just the responsibility of one parent, but rather, an obligation for both. In the state of Illinois, child support is provided to the main caregiver by the child’s other parent until the child is 18 years old or graduates from high school, whichever comes later. Both parents are responsible for what is called the “basic child support obligation.” Each parent’s share of that obligation is determined using a formula that takes into account the incomes of each parent in addition to their parenting time.

Life is not always predictable and can throw curve balls when we least expect it. It is not uncommon for a parent to become unable to handle their current support payments; however, they are legally required to pay them unless their arrangement gets legally modified. In the instance where you believe that your support payments should be modified, you can petition the court to make this change. Before you do that, you must be able to prove that there has been a “significant change in circumstances.” 

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Does Illinois Law Allow Me to Relocate With My Child After My Divorce?

 Posted on July 30, 2019 in Child Custody

DuPage County parental relocation lawyerFor some, relocation can be a necessary step after divorce. There are many reasons why divorcees would want to move after the divorce is finalized. Some wish to be closer to family members, while others move for a new job. Regardless of the reason, a parent must have primary or equal custody of the child in order to submit a relocation request. In Illinois, relocation includes any move that is at least 25 miles from the child’s current home for those that live in Will, Cook, DuPage, Kane, Lake or McHenry County or moves outside of Illinois state borders. If the child lives in a different county than those listed above, relocation boundaries increase to 50 miles from the current residence to any other part of Illinois. Moving with your child can be stressful, especially if your ex-spouse does not approve of the relocation.

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What Additional Expenses Can Be Added to Illinois Child Support Orders?

 Posted on July 26, 2019 in Family Law

DuPage County family law attorneyWhen you get a divorce, everyone is impacted. In many cases, children are the ones who are most affected, because they may not always understand what divorce means. Illinois courts believe that a child flourishes when both parents are in their child’s life and play an active role. Even if a person does not have a personal relationship with their child, parents have a responsibility to provide for their child financially. This is where child support comes in. Both parents are expected to contribute to the financial needs of the child, and they must provide a basic amount of child support, which is determined using a formula defined in the Illinois Marriage and Dissolution of Marriage Act. However, this basic child support obligation does not always account for all of the expenses that are involved in raising a child. Parents may also be required to divide other costs.

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