Posted on February 11, 2020 in Divorce

Intimate partner violence is tragically common. According to the National Coalition Against Domestic Violence, 20 people are abused by a spouse or significant other every minute in the United States. Ten million U.S. men and women are victims of physical abuse from a romantic partner every year. If you have been physically abused by your spouse, you should know that you are not alone. Making the choice to leave an abusive spouse is an extraordinarily brave decision. If you are considering divorcing a spouse who has abused you, there are some special considerations you may want to keep in mind.

Orders of Protection

If you are worried that your spouse will harm you or your children once he or she learns that you plan to divorce him or her, you may want to obtain an order of protection, sometimes called a restraining order. An Illinois emergency order of protection (EOP) can be obtained at your county courthouse without the need for your spouse to be present.

Continue Reading ››

 Posted on January 23, 2020 in Child Custody

In Illinois, parents who divorce are asked to create a parenting plan. The plan identifies the parent who has the majority of parental responsibility (formerly called custody), describes how major decisions about the child will be made, provides a schedule for sharing parenting time, and more. If the parents are unable to reach an agreement about the terms of the parenting plan through negotiation or mediation, the court may need to decide on a parenting plan on behalf of the parents. However the parenting plan is put in place, it is an official court order that parents are expected to obey completely. If your child’s other parent is not following the directions contained in the parenting plan, he or she could face serious consequences.

When a Parent Intentionally Ignores a Parenting Plan

If your child’s other parent is occasionally late picking up or dropping of your child or makes other minor mistakes with regard to shared parenting, this is not grounds for court action. However, if the parent is purposefully refusing to follow the terms of your parenting plan, it may be time to do something about it. Notify the court of the other parent’s actions and contact an experienced family law attorney. In some cases, a parent who intentionally disobeys a parenting plan can be held in contempt of court and face certain civil consequences. If your child’s other parent is incapable of following the terms of the parenting plan, you may wish to petition the court for a modified parenting plan. Illinois courts will always make child custody and parenting time decisions based on what is in the child’s best interests.

Continue Reading ››

 Posted on January 09, 2020 in Spousal Maintenance

An order for spousal maintenance, or spousal support, in a divorce is issued on a need-based review of each individual case. There is no presumption that one spouse or the other will be required to pay spousal support. Spousal support, though less common than in previous generations, is still awarded in many divorce cases to help alleviate the financial burden of the divorce on an economically disadvantaged spouse. Once the final divorce judgment is entered, the spousal support order becomes enforceable by law and the supporting spouse must comply or face court sanctions. But what about during the divorce? Can spousal maintenance be ordered while the proceedings are still ongoing?

Temporary Orders

The simple answer is yes. Spousal support can be ordered by the court before the final divorce judgment is entered, but the order takes a somewhat different form. The process for obtaining a temporary maintenance order is different as well.

Continue Reading ››

 Posted on December 24, 2019 in Domestic Violence

Many people are under the misconception that domestic violence only involves physical violence like hitting and kicking. Emotional abuse can be much harder to recognize that physical violence, but it can be just as damaging to a person’s well-being. One of the most insidious parts of emotional or mental abuse is that the abuser often convinces the victim that he or she somehow deserves the terrible treatment. Many victims of emotional abuse are afraid to report the abuse or leave an abusive spouse. If you have been a victim of any form of domestic violence, speaking to a domestic violence attorney and requesting an order of protection may help.

Examples of Emotional Abuse

Abusive individuals may use a variety of tactics to control and dominate their victim. They may use derogatory, insulting, and manipulative language to break down the victim’s self-esteem. They may withhold affection, communication, and support. If your spouse, romantic partner, or family member controls who you talk to, discourages you from spending time with loved ones, and disrespects your boundaries, you may be a victim of emotional abuse.

Continue Reading ››

 Posted on December 03, 2019 in Domestic Violence

When you think of the words “abuse” or “domestic violence,” you may picture a man or woman with bruises and scars. However, abuse can involve much more than physical violence. One of the most insidious forms of abuse is financial abuse. Sadly, many marriages throughout the United States involve some version of economic abuse. If you have been a victim of financial abuse, you should know that there is hope. Divorcing a spouse who uses money to control and manipulate you can be difficult, but it is possible.

Warning Signs of Economic Abuse

Economic abuse typically involves restricting a victim’s access to financial resources. Abusers may control their victims’ access to money and refuse to let them have any financial independence as a means of gaining power over them. Research shows that most victims of financial abuse are women, but men can also be victims of financial abuse.

Some common warning signs that could indicate that you are in a financially-abusive relationship include:

Continue Reading ››

 Posted on November 22, 2019 in Divorce

As you approach the divorce process, you and your soon-to-be ex-spouse may already have most of the details covered. It is not uncommon for a couple to “pre-negotiate,” if you will, regarding the various necessary considerations before the petition for divorce is even filed. For the vast majority of cases, this is very welcome, and a much lower-stress alternative to a long, drawn-out courtroom battle, the impact of which may be felt by both parties for years into the future. For some couples, however, their negotiated agreement might not meet the court’s standards and could be rejected on the grounds of being unconscionable. It is important to understand just what that means so you can be prepared to avoid such a response from the court.

Negotiate with an Understanding of the Law

While you certainly do not need to be an attorney to reach a reasonable agreement with your spouse, it does help to have a basic grasp of what the Illinois divorce laws require. This is especially applicable to concerns for property division, and spousal maintenance. A negotiated agreement does not necessarily need to adhere to each and every provision in the related laws, but understanding what the law considers to be just and equitable is a good place to start. From there, you and your soon-to-be ex can create virtually any type of settlement you wish, as long as it is reasonably fair to both parties and your children.

Continue Reading ››

 Posted on November 15, 2019 in Divorce

It is estimated that about one out of five U.S. parents are stay-at-home-parents who do not work outside of the home. The majority of stay-at-home parents are mothers, but data shows that many fathers are choosing to stay home with their children as well. If you are a stay-at-home parent who is considering getting divorced, you probably have many concerns. You may worry, “How will I financially support myself without my spouse’s income? Will I still be able to stay home with my children?” Stay-at-home-parents who divorce face a different set of circumstances than parents who have had a career outside of the home, so it is important to know your options.

Property is Divided According to Equitable Distribution in Illinois

In some states, marital property is split exactly in half during divorce. Illinois, however, uses a method of property division called equitable distribution. Marital estates in Illinois are divided equitably, or fairly, but not necessarily equally. Factors considered by Illinois courts during property division disputes include:

Continue Reading ››

 Posted on November 08, 2019 in Child Custody

When it becomes evident that you are headed for divorce, it is important to start planning for the process. You will need to have a good understanding of your current financial situation and what constitutes your ideal post-divorce scenario. Depending upon the circumstances of your relationship with your spouse, you may be able to begin negotiating the terms of your divorce agreement. At first, of course, such discussions would need to be relatively informal, but you and your spouse can at least start talking about the future. The conversation is even more important if you have a child or children together, so that you can both better understand the role you are to play in your child’s upbringing.

Determine a Primary Residence

Among your first child-related concerns should be which parent will assume responsibility for a majority of the parenting time. This is an important consideration in determining where the child will attend school. The parent who does not have the majority of the parenting time will most likely be responsible for paying child support. Just because one of you has less parenting time than the other is not considered to be a reflection on your parental rights; rather it is more of a logistical determination.

Continue Reading ››

 Posted on October 29, 2019 in Family Law

According to recent studies, nearly 40 percent of all marriages are remarriages for at least one of the partners. While, to many, numbers such as these represent a renewed hope in the institution of marriages—which may be an accurate perspective—these estimates also indicate that more and more individuals are bringing more with them into marriage. Children from previous relationships are an increasing part of marriages, and especially affect those marrying for the second or third time. Of course, there is not a “perfect” way to approach a stepchild situation, as the dynamics of each family will depend upon countless factors. However, for some stepparents, legally adopting their stepchildren may provide a level of needed security and legal parental responsibility.

Related Adoptions

Foster care adoptions, along with domestic and international infant adoptions are certainly important for the well-being of children in need, but represent just part of the adoption story in the United States. The Child Welfare Information Gateway, a division of the U.S. Department of Health and Human Services, reports that adopting a stepchild is the most common form of adoption in the country today. Stepparent adoption is a type of related adoption in which a family member of the child looks to become the child’s legal parent. Compared to other forms, related adoptions are generally much simpler and no agency involvement in most cases.

Continue Reading ››

 Posted on October 22, 2019 in Divorce

If you have reached the point in your marriage where you believe that your relationship is beyond saving, you have most likely given a great deal of thought to filing for divorce. In fact, a divorce might be your best option. However, you might be hesitant to file your divorce petition while you and your spouse are still sharing a home. As you probably realize, many couples will go through a “trial separation” before filing for divorce, but is a separation actually necessary? According to the law in Illinois, the answer is “not usually.”

Legal Separation vs. Living Separate and Apart

It is important to understand that very few couples pursue legal separation in Illinois. A legal separation is similar, in many aspects, to a divorce, with the primary difference being that the couple is still legally married. While seeking a legal separation, issues such as spousal maintenance and parental responsibilities must be addressed, and the couple could opt to divide their property as well. (The court will make property division decisions for a legal separation.) Once an order for legal separation has been entered, it can only be vacated by a petition by the spouses or by a subsequent judgment of divorce.

Continue Reading ››