Posted on February 24, 2021 in Relocation

Following your divorce, it is likely that you or your ex-spouse will plan to move to a new home at some point. This is a normal activity, and a relocation may be planned for multiple reasons, such as to begin a new job, to be closer to family or a new partner, or to live in a larger, more comfortable home. However, parents should be aware that a move may require them to make changes to their parenting plan, and in certain cases, they will need to get approval from the court to complete a parental relocation.

When Is Approval Required for Parental Relocation?

A move to a new home is only considered parental relocation if a parent who has the majority of parenting time or shares equal amounts of parenting time plans to move to a new home a certain distance away from the child’s current home. For those who live in counties around the Chicago area (Cook, DuPage, Kane, Will, Lake, or McHenry), a move of at least 25 miles will be considered a relocation. Relocation rules will also apply to a move of 50 miles or more from another Illinois county or a move of at least 25 miles to a location outside of Illinois.

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 Posted on February 18, 2021 in Judgment Modifications

Divorced parents will usually share custody of their children, and when doing so, they will follow the parenting plan that was included as part of their divorce decree or judgment. This document will address the allocation of parental responsibilities (commonly known as “legal custody”), and it will include schedules for parenting time (also referred to as “physical custody” or “visitation”). A parenting plan will provide a framework for how parents will work together to raise their children. Because parents’ and children’s lives may change in the years following a divorce or breakup, modifications to child custody arrangements may be needed. Parents should be sure to understand when these types of changes may be made and the steps they will need to take to do so.

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 Posted on February 16, 2021 in Postnuptial Agreements

Most people are familiar with prenuptial agreements that may be signed before a couple gets married. While these agreements can be especially beneficial in situations where one or both spouses own substantial assets before they get married, a prenup can help any couple decide how they will handle certain matters if they ever get divorced. However, what many people may not know is that these types of agreements can also be made after getting married. While some may wonder why a postnuptial agreement would be necessary if a couple did not create a prenuptial agreement, there are many different reasons that couples may choose to enter into these types of agreements.

Situations Where a Postnuptial Agreement May Be Needed

As with prenups, postnups can specify how the division of marital property will be handled during a potential divorce, as well as whether either spouse will pay spousal support to the other. Some examples of cases where spouses may wish to create a postnuptial agreement include:

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 Posted on February 05, 2021 in Division of Assets

When spouses choose to end their marriage through divorce, they will need to address and resolve multiple different financial issues. During the process of dividing marital assets, real estate property owned by either or both spouses will be one of the key issues to consider, since these are likely to be some of the most valuable assets a couple owns. In addition to determining how to handle ownership of their marital home, couples may also need to consider other properties they own, such as vacation homes or commercial properties. To ensure that these assets are addressed properly, it is important to work with an experienced divorce lawyer, as well as other experts who can perform appraisals of property and provide guidance about financial decisions.

Factors to Consider When Dividing Real Estate and Other Marital Property

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 Posted on January 28, 2021 in Child Custody / Allocation of Parental Responsibilities

During a divorce, child custody is often one of the most important concerns that a couple will need to address, but it can also be one of the most divisive issues. When the relationship between parents has broken down, they will be unlikely to agree about what is best for their children, and each parent may believe that they should be granted sole or primary custody. Those who are going through a divorce will need to understand how the law applies to their situation, and by working with an attorney, they can ensure that their parental rights will be protected while also arguing for what is in their children’s best interests.

Allocation of Parental Responsibilities and Parenting Time

Child custody consists of two separate, but related, issues. Legal custody, which is known in Illinois as the “allocation of parental responsibilities,” addresses the decisions parents make about their children’s lives, including their education, the medical care they will receive, religious practices or training, and the extracurricular activities they will participate in. Physical custody, which is known as “parenting time,” is the time children will spend in the care of each parent. During their parenting time, each parent will have sole responsibility regarding the routine decisions about children’s day-to-day lives, as well as the right to make emergency decisions about children’s health and safety.

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 Posted on January 21, 2021 in Divorce

If you are like most people living in the United States in the 21st century, you use social media on a daily basis. Apps and websites such as Facebook, Twitter, Instagram, and TikTok allow you to connect with friends and family, follow news stories, and communicate with others who share your interests. However, this level of connection may also have its drawbacks, especially if you are going through a divorce. As you go through the process of ending your marriage, you should take steps to protect your privacy and avoid any issues that could affect your divorce case.

Social Media and Privacy Concerns

During the divorce process, making sure your personal information is private is likely to be a major concern. If you and your spouse have shared a computer or other electronic devices, you may have had access to each other’s social media accounts. To ensure that your spouse cannot log into your account to view your personal information or make posts in your name, you will want to change your passwords, and you may also want to update your account settings to make sure you can only log in from certain devices.

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 Posted on January 14, 2021 in Business and Divorce

In most situations, the divorce process will involve multiple different financial issues that will need to be addressed. When determining how to divide marital property, spouses will need to consider their physical belongings, financial accounts, real estate property, retirement savings and benefits, and debts. Business interests owned by spouses, either together or separately, will be a major factor in these considerations, especially for those who own professional practices. For doctors, dentists, therapists, chiropractors, accountants, or other professionals, a business will not only represent a significant investment of time, money, and effort, but it may also be a primary source of income. Because of this, professionals will usually want to determine how they can continue owning and operating their practice after their divorce is complete.

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 Posted on January 07, 2021 in Paternity

For many parents, the identity of a child’s father is not in question. In fact, under Illinois law, a mother’s spouse is presumed to be her child’s legal parent, as long as the child was born during the couple’s marriage or within 300 days after the couple was separated, got divorced, or one partner died. However, this means that if a child is born while a couple is unmarried, or if a situation does not meet the criteria described above, paternity will need to be established to ensure that the father will be recognized as the child’s legal parent. Paternity may also need to be addressed if the identity of a child’s father is in doubt or is known to be someone other than the mother’s spouse.

Establishing Paternity in Illinois

The simplest and most common way of establishing paternity is for both parents to fill out and sign a Voluntary Acknowledgment of Paternity (VAP) form, which can be done at any time after their child is born. This form can be provided by a hospital, and it is also available on the website of the Illinois Department of Healthcare and Family Services, at a local county clerk’s office, and other sources. By filling out this form, the parents will both recognize that a man is the child’s father. This will allow him to be listed on the child’s birth certificate, and he will have full parental rights regarding the child.

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 Posted on December 31, 2020 in Child Support

2020 has been a difficult year for many families. The COVID-19 pandemic has caused a great deal of stress for many people, requiring them to stay at home and avoid contact with others whenever possible. Parents have had to determine how to provide for their children’s educational needs as they learn from home or attend in-person classes part of the time, and they may have struggled to balance these concerns with the need to work from home or follow the proper safety measures while in public. On top of everything else, many parents have had to deal with financial difficulties due to layoffs, business closures, or restricted working hours. Divorced or separated parents will want to understand how changes to income or other financial obligations will affect the child support they pay or receive, and they may need to take steps to pursue a modification of their child support orders or other terms of their parenting plan.

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 Posted on December 17, 2020 in High Asset Divorce

Getting a divorce will require spouses to address many different legal and financial issues, and this process can become very complicated, especially in cases where a couple has a high net worth. Sometimes, a spouse may try to take advantage of the complex nature of these proceedings and attempt to unfairly influence the division of marital property by hiding certain assets from their partner. If you believe that your spouse is concealing assets from you or is otherwise refusing to meet their legal obligations during the divorce process, you will want to work with an experienced divorce attorney to determine how to proceed.

Common Methods of Concealing Marital Assets

A spouse may attempt to hide money, property, or other assets because they do not think their former partner should receive certain items, or they may do so out of an attempt to make things more difficult for the other spouse. A person may also believe that they should receive a greater share of the marital estate because they earned the majority of the family’s income. However, attempting to illicitly claim assets outside of the standard procedures for dividing property is illegal. All of a couple’s assets, including their marital property and the separate property each spouse owns, should be disclosed during the divorce to ensure that all aspects of the couple’s financial situation are considered when dividing marital assets.

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