Posted on February 22, 2024 in Child Support

When you first arranged your divorce settlement, there were so many things that you and your ex needed to work out: Where would your children live? How often would each of you see them? Will either pay the other alimony? Who can make important decisions on your child’s behalf?  How much child support will you need to pay? What are you supposed to do if things in your life have changed from the way they were back then? If for example, you make monthly child support payments to your ex and now you are unemployed, are you expected to keep making those payments somehow? For answers to these and more questions, you can speak with a Skokie, IL divorce settlement lawyer.

Can I Be Granted a Child Support Modification in Illinois?

Under certain circumstances, it is legally acceptable to modify aspects of a divorce decree, including those that refer to child support payments. For example, if the paying spouse has unexpectedly and involuntarily experienced a loss of income, whether the income has stopped altogether or decreased significantly, this would be considered a reasonable case for someone to seek a divorce decree modification. If you quit your job, this would not be considered unexpected or involuntary. If you have chosen to leave your job and thus lose your income as a result, this is not considered appropriate grounds for seeking a modification.

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 Posted on February 11, 2024 in Divorce

Same-sex divorce may seem like a relatively new legal topic since same-sex marriage was only legalized in the past decade in many states. In fact, it was legalized about ten years ago in Illinois, effective as of June 1, 2014. Although same-sex divorce is not very different from divorce for a straight couple, what happens when a same-sex marriage ends is extremely different from what used to happen in the past. Before same-sex marriage was legal, a spouse would not legally inherit their deceased spouse’s estate, and instead, it would be liquidated and divided among any blood relations. And if a couple no longer wished to be together, if one spouse was the breadwinner and the other was the homemaker, the one who took care of all the household responsibilities would be left without any financial backing. If you have questions about same-sex divorce in Illinois, an experienced Cook County, IL divorce attorney has answers.

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 Posted on January 27, 2024 in Divorce

There are many reasons why divorce can be a complicated process. Some couples have an especially acrimonious split and the path toward drafting their divorce settlement is full of spite and anger. Every decision brings a fresh round of arguments. Some couples decide to get divorced because they were not compatible as a couple but they might still care for and appreciate each other. Even so, the emotions and disappointment they might feel can make the process unpleasant. 

The specific matters that need to be settled in a divorce can also make it difficult. Spouses need to agree on several issues like who will stay in the family home, what will happen with their life insurance policies and retirement funds, and what sort of spousal support arrangement they will have. One of the more complicated issues that need to be settled in a divorce is what will happen with debt. There is no one way to settle this that can apply to all couples because everyone’s circumstances are different. If you are headed toward divorce but are worried you will end up being responsible for your ex’s debt, a knowledgeable Cook County, IL debt distribution attorney can help shed light on this topic.

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 Posted on January 11, 2024 in Divorce

No two people are the same. And therefore, no two marriages are the same and no two divorces are the same. Different arrangements work for different people. Some feel so hurt and offended by their soon-to-be ex-spouse that there is no option other than a contentious divorce in court. Others recognize that they do not make sense as a married couple but still appreciate each other and, if they have children, would like for their child to feel safe and secure in either parent’s home. 

If the second category sounds more like you and your spouse, mediation might be a good choice for you. It is generally much quicker and less expensive than the alternative. If you and your spouse are considering divorce but neither of you wants to fight it out in court, a knowledgeable Chicago, IL divorce lawyer can guide you through this decision. 

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 Posted on December 20, 2023 in Family Law

Your children’s welfare is a paramount concern to the state of Illinois. Things like physical violence, neglect, or inadequate care are only some reasons that the Department of Child Protective Services (DCFS) may choose to take your child from their home. When under investigation by DCFS, do not hesitate to contact a DCFS investigations attorney to help safeguard your rights and keep your children with you where they belong.

When DCFS Comes For Your Children

A DCFS caseworker with an authorized court order is allowed to remove your child or children from the home. An emergency removal is also possible if the caseworker believes there is a reason that such an emergency warrants one.

DCFS caseworkers must have a reasonable cause for removing a child from a home without an authorized court order. A reasonable cause would be one of the following:

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 Posted on December 07, 2023 in Paternity

Illinois law does not automatically acknowledge a child’s biological father as the legal father if a child’s parents are not wed. Instead, fathers looking to be acknowledged as the legal father of their children will need to establish paternity. Establishing paternity can protect a father’s rights to his children and provide either parent with the financial support he or she may need. An attorney can go over the finer points of how to establish paternity for your family.

The Benefits of Establishing Paternity

Establishing paternity has many benefits for parents wanting to create and maintain a parent-child bond. Establishing paternity may involve the following for the father:

• A legal relationship between the father and child

• Allows the father to take trips and travel with their child

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 Posted on November 21, 2023 in Divorce

There are potential advantages to choosing a legal separation over a divorce, most of which are financial and could be a good reason to remain legally married. Whether you prefer a legal separation or something more permanent like divorce, a skilled and experienced attorney can provide the advice and resources needed to navigate the legalities of the entire process.

What is the Difference Between a Legal Separation and a Divorce?

The primary and only relevant difference between the two is that in a legal separation, you are still considered married. Most important legal issues, such as child support and marital property division, are still addressed before a separation is finalized.

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 Posted on November 08, 2023 in Divorce

In Illinois, all assets must be divided fairly and equitably among spouses. Complex property arrangements in a long-lasting marriage can make property division difficult once one spouse decides to file for divorce. Complicated finances weaved throughout a marriage can often contribute highly toward the complexity. An experienced divorce attorney understands the complexities and can help you navigate them during the divorce proceedings.

What Assets Are Commonly Involved in a High Asset Divorce?

Over the course of years, a marriage can accumulate an extensive collection of valuable assets that can often be difficult to divide during a divorce in a way that sees both parties happy. Many different assets can be considered high value to the couple and the court. Couples with significant assets are likely to include:

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 Posted on October 19, 2023 in Adoption

Making the hard decision to give up parental rights is something that requires careful thought. A parent going through substance addiction or battling depression may not be the best fit for a child, no matter how much they are loved. In cases like these, it may often be the best course of action to seek related adoption with a family member willing to take the children in as their own. Before you consider giving up your child to a relative, educating yourself on the potential complications and working with an attorney experienced in these matters is important.

What is a Related Adoption?

Related adoptions must consist of one adoptive parent who is a blood relative or related to the child through marriage.

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 Posted on October 09, 2023 in Divorce

As society evolves, so too does the definition of family. Same-sex marriages are now recognized and protected by law in many parts of the world, including Illinois. Parental responsibility matters come to the forefront in a same-sex divorce as they would in any other divorce case. Illinois prioritizes the best interests of the child when determining parental responsibilities and rights.

Illinois recognizes various legal avenues to establishing parenthood. The court emphasizes the child's best interests in parental responsibility allocations. Consulting an experienced divorce attorney can be invaluable in navigating these complexities. It can also help to ensure that the child's well-being remains at the forefront of the legal process.

Parental Responsibilities

Determining parental responsibilities requires the recognition of at least one legal parent under the Illinois Parentage Act. In a divorce, parents either agree on a parenting plan or the court decides one for them.

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