Recent Blog Posts
Do I Have to Prove Fault in an Illinois Divorce?
Divorce is never easy, but the idea of proving that your spouse caused the marriage to fail can make the process seem even more daunting. You might be wondering if you need to gather evidence of infidelity, financial misconduct, or abuse just to end your marriage. The good news is that Illinois law no longer requires you to assign blame. If you are thinking of filing, an Illinois family law attorney can help you understand how fault factors into a divorce and guide you through the necessary legal steps.
Is Illinois a No-Fault Divorce State?
Illinois follows a no-fault divorce system, meaning neither spouse is required to prove that the other did something wrong to cause the marriage to fail. Instead, state law requires that the couple has "irreconcilable differences" that have led to the breakdown of the marriage.
How Can I Change My Ex’s Parenting Time in Illinois?
A parenting time schedule should serve the best interests of the child, but sometimes, life changes may make an adjustment necessary. Whether you are dealing with a new work schedule, a relocation, or concerns about your child’s well-being, modifying parenting time requires legal action. In Illinois, courts will only grant modifications if certain conditions are met. If you need guidance with altering parenting time, an Illinois family law attorney can help you understand the process.
When Can Parenting Time Be Modified in Illinois?
Under state law, a court will only modify parenting time under specific circumstances. If both parents agree to the change, they can submit a request for court approval. However, if the other parent does not agree, you must prove that a modification is necessary.
How to Handle Parenting Time When One Parent Moves
Relocation can complicate custody arrangements, especially when one parent moves far away. Whether it is across the state or the country, relocation can create emotional and logistical challenges for both parents and children. A new job, family commitments, or a fresh start may make the move necessary, but how will it affect parenting time? An Illinois family law attorney can help parents navigate the legal relocation process and create a plan that allows for meaningful parent-child relationships despite distance.
What Does Illinois Law Say About Parental Relocation?
Illinois law requires the parent with primary custody to seek court approval before moving a significant distance with their child. The law defines relocation as a move:
Who Gets What in a High Net Worth Divorce?
Divorcing with significant wealth at stake is rarely a simple process. High-net-worth divorces involve intricate financial matters, from dividing luxury real estate and investment portfolios to determining business ownership rights. Every asset must be carefully reviewed to ensure a fair distribution while safeguarding your long-term financial interests. Courts will weigh multiple factors when determining who gets what, so it is important to seek the guidance of a strategic Illinois divorce lawyer to protect your wealth during the process.
How Do Illinois Courts Divide Assets in a High Net Worth Divorce?
Illinois follows equitable distribution laws, meaning courts divide marital property fairly rather than enforcing an automatic 50/50 split. To make this decision, judges will consider factors such as:
How Will Our Debts Be Divided During Divorce?
Divorce can feel like untangling a knot of shared responsibilities, emotions, and financial obligations. While dividing property often takes the primary focus, deciding who will take on marital debts can be just as important, and just as stressful. Credit cards, car loans, and even student loans all need to be addressed. If you are facing divorce, understanding how Illinois handles debt division can give you clarity and help you plan for the future. Partnering with an Illinois divorce lawyer can protect your financial interests during every step of the process.
What Is Considered Marital Debt?
In Illinois, marital debt includes any debt incurred by either spouse during the marriage. This can include, but is not limited to, credit card balances, mortgages, car loans, student loans, and medical bills.
Can I Get Spousal Maintenance as a Stay-at-Home Parent?
Divorce can bring many financial hurdles, especially if you are a stay-at-home parent who relies on your spouse's income. Spousal maintenance, or alimony, may help ease the transition by providing financial assistance. But how do courts determine eligibility, and what steps can you take to secure spousal maintenance? If you are a stay-at-home parent dealing with a divorce, a knowledgeable Illinois family law attorney can guide you through the process and advocate for your rights.
What Is Spousal Maintenance and Why Is It Important for Stay-at-Home Parents?
Commonly referred to as alimony, spousal maintenance is a court-ordered payment that one spouse provides to the other during or after a divorce to help balance financial differences. It allows the lower-earning spouse to maintain financial stability, particularly if they sacrificed career opportunities to raise children or manage the household. Stay-at-home parents may need to rely on spousal maintenance as they work toward becoming self-sufficient.
When Is a Guardian ad Litem Necessary?
In family law cases that involve children, a Guardian ad Litem (GAL) can play a critical role in protecting a child’s best interests. But when might the court appoint one, and how do you know if your case needs a GAL? Whether you are in a high-conflict custody battle or dealing with allegations of abuse, understanding the purpose of a GAL can help you navigate the family court process. An Illinois family law attorney can advise you about whether a GAL could be beneficial for your case.
What Is a Guardian ad Litem?
A Guardian ad Litem is a neutral party, often an attorney, who is appointed by the court to represent a child’s best interests during legal proceedings. Unlike a legal guardian, a GAL does not take custody of the child, but rather examines the situation to determine what arrangements will serve the child’s well-being and reports his or her findings to the court.
Can Child Support Payments Be Adjusted After a Divorce?
Child support payments play a vital role in sustaining a child’s well-being after parents separate or divorce. But life is unpredictable; jobs change, expenses fluctuate, and children’s needs evolve. When this happens, many parents may wonder whether child support payments can be adjusted. Navigating this process can be complex, so it is essential to consult with a lawyer. A knowledgeable Illinois family law attorney can help you pursue a fair outcome that aligns with your current situation.
What Are the Grounds for Modifying Child Support Payments?
In Illinois, child support payments can be adjusted if there is a substantial change in circumstances. Common reasons include:
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A significant income change: A job loss, pay cut, or considerable increase in earnings can justify a modification.
Should You Date During a Divorce?
Divorce can be both an emotionally and legally draining process. For some, the idea of starting a new relationship during this time might feel like a step forward. However, dating during a divorce can have significant consequences that may impact your case and well-being.
In Illinois, dating before your divorce is finalized can present certain risks within the legal framework of the family court system. If you have questions about dating while going through a divorce, an Illinois family law attorney can help you understand potential complications and help protect your interests.
What Are the Legal Implications of Dating During a Divorce?
Dating while your divorce is pending can have legal consequences. While it is not illegal in Illinois during a divorce, it is essential to understand how your actions might influence the legal process and key issues such as:
What Happens to Inherited Property in an Illinois Divorce?
One of the many challenges of a divorce regards how your assets will be divided. If you have inherited property, you might wonder how it will be treated during the divorce process. To protect what is rightfully yours, it is vital to conduct careful planning and have a clear understanding of the law. An Illinois divorce attorney can help you protect your inheritance and navigate the intricacies of asset division.
Is Inherited Property Considered Separate or Marital Property?
Under Illinois law, inherited property is generally classified as separate property. This means it will not be divided during a divorce. However, for the inheritance to maintain its status as separate property, it must remain separate from marital assets. Mixing, or commingling, inherited property with marital property can cause it to lose its classification as separate property.
