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Recent Blog Posts
Petitioning for Temporary Maintenance and Child Support in Illinois
Getting a divorce can be a source of many new financial challenges, especially if you have been dependent on your spouse for support. Your divorce resolution may include orders for spousal maintenance and child support to help you provide for your own expenses and those of your children, but if you are going through a lengthy divorce process, financial struggles may begin well before the divorce is finalized. In these cases, it may be important to pursue temporary maintenance and child support.
When is Temporary Relief Appropriate?
The primary factor that a court will consider when determining whether to grant temporary maintenance or child support during the divorce process is the petitioning spouse’s financial need. When petitioning for relief, you will need to file a financial affidavit outlining your current situation and support it with evidence in the form of documents including:
What Happens to Investment Accounts in a High-Asset Divorce?
When spouses need to divide their marital property as part of the divorce process, certain types of assets are more difficult to distribute than others. Cash held in checking and savings accounts is usually the most simple, as it has a clear value and can be easily accessed. On the other hand, businesses, homes, and other real estate property can be some of the most difficult, due to the importance of determining fair market value and finding a buyer or somehow allocating the property between the two spouses. Investment accounts tend to lie somewhere in between, and there are important considerations that both spouses should keep in mind in order to minimize losses.
When Should I Update My Illinois Parenting Time Schedule?
After a divorce, maintaining a consistent parenting time schedule is important both for the sake of the children’s routine and in order to be fair to both parents. However, as time goes on, the schedule established during the divorce process may become outdated and no longer serve your family’s needs. It is often a good idea to periodically reconsider the parenting time schedule and determine whether any modifications would be beneficial.
What is the Legal Process for Modifying Parenting Time?
Depending on the situation, parenting time can be one of the simpler elements of a divorce resolution to modify. Illinois courts will consider a petition from either parent for minor parenting time modifications at any time after the divorce, or more significant modifications after there has been a change of circumstances. If you and your former spouse agree to a modification, the process can be even more streamlined, as you can work together to create and file a petition. As long as the court finds that the modifications are in your children’s best interests, they will likely be approved.
5 Reasons to Consider Mediation For Your Illinois Divorce
Many divorcing couples are concerned about the stress, conflict, and costs that a divorce trial can bring, and in order to avoid it, they may attempt to handle the divorce on their own. However, this option can have just as many pitfalls, including possible misunderstandings of the legal process and a resolution that may not adequately protect each spouse’s rights and interests. Fortunately, there is another divorce resolution option known as mediation, and it is worth considering whether it may be the best approach in your case.
Why Pursue Divorce Mediation?
There are a number of reasons why mediation could be a good choice for a divorcing couple, some of which include:
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You want to have guidance when communicating with your spouse. A neutral third party can be beneficial even for couples who want to work together on a divorce resolution. The mediator can ensure that both spouses are heard, identify common ground, and help to prevent discussions from devolving into conflict or opening emotional wounds.
5 Tips for Dividing Business Assets in an Illinois Divorce
In a high-asset divorce, the division of marital property is often the most complicated element of the divorce resolution. Not only is there simply more to divide, but the types of properties involved also tend to be more difficult to distribute between spouses without adversely affecting their value. Business assets present an especially unique challenge, but with a smart approach, it is possible to resolve the division of property while protecting your business interests.
Protecting a Business in Your Divorce
Successfully addressing business assets in a divorce often requires you to be well prepared, strategic, and open to negotiation and compromise. Here are some specific suggestions that you may find helpful:
Co-Parenting Tips for Supporting Your Child’s Remote Learning
The COVID-19 pandemic has interrupted the regular educational routine for children throughout the United States. While there is hope that schools will be able to transition back toward in-person learning in the near future, the majority of Illinois school districts are still relying wholly or in part on remote learning. This presents challenges for children and parents alike, especially in families with divorced parents in which children divide their time between two homes.
How Can Divorced Parents Manage At-Home Schooling?
The coordination, attention, and support that remote learning requires can push parents to the limit, but there are some things that you and your former spouse can do to improve the experience and help your children continue to learn effectively:
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Identify the best learning environment. Children may find it easier to focus on school if they have a dedicated space in the home for remote learning, with a desk, a computer, a webcam, a reliable Internet connection, and other necessary materials and equipment. Both parents may be able to create such a space in their own home, but you may find that one parents’ home is better than the other for this purpose.
Should I Sign a Voluntary Acknowledgment of Paternity in Illinois?
Proving paternity allows biological fathers to exercise their parental rights and be involved in their child’s life. Unmarried fathers can face many challenges in their efforts to establish legal paternity, especially if there is conflict or uncertainty surrounding their parentage. Illinois offers an option called a Voluntary Acknowledgment of Paternity (VAP) that can make the process easier, but it is not always as simple as signing a form. Before you sign a VAP, you should be sure that you understand the implications and the possible complications that may arise.
What is a Voluntary Acknowledgment of Paternity?
A VAP is essentially an agreement in written form in which both the child’s mother and purported father acknowledge that the man is the legal father of the child. Parents can complete a VAP at the hospital upon the child’s birth, or at any point after the birth by obtaining the form from an Illinois Registrar, County Clerk, or the Department of Healthcare and Family Services (HFS). In order for the VAP to be legally valid, it must be signed, witnessed, and filed with HFS. Once the form is filed, the man is considered to have a legal parent-child relationship, granting him certain parental rights and responsibilities, including the duty to contribute to child support.
What Issues Can Lead to a Contested Divorce in Illinois?
Contrary to what you might expect, many divorces in Illinois are relatively low-conflict affairs. Couples have the option to reach a resolution through the process of an uncontested divorce, in which they avoid a trial and negotiate an agreement on all important matters, and many choose to take advantage of it. However, certain issues can make an uncontested divorce extremely difficult, if not impossible. In these cases, trial litigation may be the only reasonable option to finalize the dissolution of the marriage.
Common Problems in a High-Conflict Divorce
If you are dealing with one or more of the following issues, either during the course of your marriage or early on in the divorce process, it may be a sign that your divorce is likely headed to court:
Can Stay-at-Home Dads Receive Child Support and Spousal Maintenance?
In the past, it has been common for stay-at-home moms to be awarded child support and spousal support in a divorce. While this is still often the case, stay-at-home dads are becoming increasingly common. The Pew Research Center reports that in 2016, approximately 17 percent of stay-at-home parents in the U.S. were men, while dads only made up 10 percent of stay-at-home parents in 1989. In general, men are also more involved in caring for their children now than they have been in the past.
When you consider these statistics, along with the fact that many women are now their family’s primary breadwinner, it is understandable that many stay-at-home dads would seek financial support from their former spouse after a divorce. Fortunately, Illinois law makes this possible, and an experienced attorney can help to make it a reality.
What Do I Need to Include in My Illinois Parenting Plan?
If you and your spouse have minor children together at the time of your divorce, one important aspect of the divorce process is creating a parenting plan that addresses how the two of you will share parenting time and parental responsibilities. If you and your spouse are willing and able to cooperate, you can work together to create your parenting plan. On the other hand, if you have major disagreements, you will likely each need to submit a plan for the court’s consideration. In either case, there are certain items that your parenting plan must address.
Illinois Parenting Plan Requirements
According to the Illinois Marriage and Dissolution of Marriage Act, there are several important matters that a parenting plan must include to ensure that it meets the approval of the court. These include:
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