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Can Credit Card Debt Affect Your Illinois Divorce?
Significant credit card debt can be a factor in the decision to divorce and can also cause problems during the divorce. A concerning trend of "financial infidelity" has been shown to influence the breakdown of marriages. A full 70 percent of respondents to a recent poll cited credit card debt as a reason for their divorce. Many of these respondents said they or their spouses had concealed debt and that this played a major role in the divorce. Perhaps equally alarming, almost 40 percent of those who ended their marriage due to marital debt saw their credit scores nosedive by more than 50 points following the divorce.
Since many divorcees found themselves solely responsible for debts that had previously been shared, financial challenges only escalated after the divorce. Illinois is an equitable division state in terms of the division of assets. This means marital assets and debts are divided fairly, although not necessarily equally. An experienced Rolling Meadows, IL asset and debt division lawyer from Law Offices of Donald J. Cosley can help ensure the division of your assets and debts is equitable.
What if My Spouse Lies to Get an Order of Protection? | IL
An Illinois protective order is issued by the Court, requiring the person that caused harm to another to stay away from the person he or she committed domestic violence against, stalked, sexually abused, or sexually assaulted. The person who obtains an order of protection must prove that "more likely than not," the offender committed domestic abuse against him or her.
Unfortunately, a protective order may be used during a divorce or allocation of parental responsibility case as a way to obtain leverage over the other party. One parent may claim the other is a domestic abuser as a means of being designated as the primary residential parent. Do you have any rights if you did not do what your spouse is accusing you of? Can you still see your children? Will you get the opportunity to tell your side of the story?
These and other important questions related to an order of protection can be answered by a Rolling Meadows, IL order of protection attorney from Law Offices of Donald J. Cosley. Family law matters are usually very sensitive, requiring dedicated, responsible legal representation. It is important that you have all your questions answered and receive a thorough explanation of how your particular family law issue will progress.
Could I Be Ordered to Pay Non-Minor Support in Illinois?
Many Illinois parents currently paying child support wonder whether they must pay for a child's college education or continue paying child support after the child turns 18. In Illinois, this is known as non-minor support and can be court-ordered under certain circumstances.
Generally, child support ends when the child turns 18 and leaves high school, gets married, joins the military, or becomes emancipated. Sometimes, a parent's child support obligation can continue under non-minor support. A court will determine whether non-minor support is appropriate after hearing the issue and the arguments against the support by the paying parent.
Having a Rolling Meadows, IL child support lawyer working on your behalf ensures the best possible outcome. When you have an advocate who understands Illinois child support laws and has extensive experience with virtually every family law situation imaginable, you can be secure in the knowledge that your interests will be protected.
Can I Be Denied Custody Rights If I Am Gay or Lesbian?
Across the nation, there are now millions of lesbian and gay parents who share custody of their children with an ex. Since many of these individuals became parents in the context of a prior heterosexual relationship or marriage, the other parent in a child custody dispute involving a lesbian or gay parent is likely to be heterosexual. While most states do not permit courts to discriminate based on sexual orientation, it can remain daunting to overcome stereotypes during a custody dispute.
Yet despite enormous progress over the past 40 years, lesbian and gay parents may still face subtle discrimination when custody and visitation are being determined. If you are facing an issue regarding child custody and your sexual orientation, you need a strong Arlington Heights, IL child custody lawyer who will show why it is in your child’s best interests for you to have primary custody.
How Does Minor Emancipation Affect Child Support?
Divorce and life after divorce can be difficult for all those involved. Children of divorce may react in many different ways. A child may be so distressed by the divorce that he or she files for emancipation prior to the age of 18. There may be other reasons for emancipation, but in any case, both the parent paying child support and the parent receiving child support may wonder whether the payments continue following emancipation.
The answer to this child support question is highly case-specific. Should you find yourself in a similar situation, you could benefit from speaking to a skilled Rolling Meadows, IL child support attorney from Law Offices of Donald J. Cosley who has experience with minor emancipation. Attorney Don Cosley personally handles all aspects of his cases; when you call his office, you will speak to him directly.
What Is Minor Emancipation?
In the state of Illinois, emancipation is governed by the Emancipation of Minors Act of 1980. Minor emancipation changes the relationship between a parent and child in the same way as the child reaching the age of 18, but emancipation is more complex. Minor emancipation removes the parent's control over the child rather than actually severing the parent/child relationship. An emancipated minor can legally enter into contracts, have financial and physical separation from his or her parents, and make his or her own medical decisions.
How Do You Deal with a Two-State Divorce?
As if divorce is not complicated enough, if a couple is facing a two-state divorce, those complications will increase significantly. Why would a couple have a two-state divorce? Perhaps you and your spouse are having marital problems, and you have split up until you decide whether a divorce is the right move. Your husband moved in with his parents, who live in Wisconsin. Time has passed, and a divorce is imminent; now you are unsure of which state’s divorce laws apply and how you would respond if your husband files in Wisconsin.
It is true that special rules and procedures apply to a two-state divorce. You should immediately consult a skilled Rolling Meadows, IL divorce attorney with experience in complex divorces. Choosing Law Offices of Donald J. Cosley is one of the best steps you can take. Attorney Don Cosley will fight for your future, working hard to achieve the best outcome possible.
How Could State Residency Requirements Affect Where I File?
If you and your spouse lived in Illinois for most of your married life, but he has been living in Wisconsin for the past few months, you will need to carefully consider marital asset distribution laws and residency requirements in each state. In Illinois, the residency requirement is only 90 days, but Illinois requires spouses to live apart for six months prior to filing for divorce. In Wisconsin, filing spouses must live in the state for at least six months. If your husband meets Wisconsin residency requirements, and you want your divorce to stay in Illinois, you must file before he does.
The Pros and Cons of a Legal Separation in Illinois
Some marital situations—though certainly not all—could potentially benefit from a legal separation before filing for a divorce. While not all states allow legal separations, Illinois does. If you and your spouse are considering a divorce, a trial legal separation can help determine whether your issues can be resolved. Any money earned by either spouse during a legal separation is considered a marital asset, and any debt incurred is considered a marital debt.
There are many good reasons to consider a legal separation—and other reasons why it may not be the right choice for you. Before making this decision, contact an experienced Rolling Meadows, IL family law attorney from Law Offices of Donald J. Cosley to ensure you have all the necessary information. While this is certainly an emotional time, having a knowledgeable lawyer to answer your questions and guide you through the process is essential.
What Is Legal Separation?
Even in states that have no mechanism for legal separation, a couple can initiate a trial separation on their own. This simply means that they may live in separate homes, spending some time away from one another to determine whether they should proceed with a divorce. States like Illinois that have a legal path to separation may allow couples more financial protections than those that do not.
What If My Ex Has Custody and I Find My Children Alone?
Imagine that you are a dad who received parenting time during the divorce. You have your three young children—two, five, and seven—every other weekend, while your ex has primary physical custody. Legal custody is shared between the two of you. Up to this point, there have been no serious visitation problems. You take the children home on a Sunday evening, and halfway back to your own home—an hour away—you realize your seven-year-old left his backpack in your car.
You immediately turn around, knowing he needs the backpack for school. When you pull into the driveway, you do not see your ex’s car, so assume she took the children out. As you set the backpack inside the front door, your three children run to greet you. Your stomach drops as it dawns on you that the children are alone.
What do you do? Call your ex? Load up the children and take them back to your home? Before you do anything that could potentially jeopardize your visitation rights, take a breath—and call your lawyer. There is no substitute for advice from an experienced Rolling Meadows child custody lawyer, so if you can reach your attorney, do not skip this step.
How Does an Abusive Mother Affect Child Custody Decisions?
Custody battles between divorcing parents can be brutal for all those involved. When abuse has been a part of a couple’s marriage, parenting, and even the divorce, every choice made on behalf of the child may have added layers of complexity. An abusive mother can certainly affect the outcome of a child custody decision, although the specific details will determine to what extent.
When abuse by the child’s mother becomes a factor in a family law court, it is essential that the father has an experienced Rolling Meadow child custody attorney from Law Offices of Donald J. Cosley. A lawyer fighting for the rights of the father and the child is essential to obtaining the best possible outcome.
Could an Abusive Mother Get Primary Custody of the Child?
Although anything can happen when child custody is at issue, if the abuse has been documented and proven, it is unlikely the court would give the abusive mother primary custody. Should the judge determine a risk of abuse exists, the father will likely be given sole physical and legal custody, while the abusive mother will receive limited visitation or even supervised visitation.
What Can a Father Do if His Wife is Abusive?
It is generally more common for a man to abuse his wife than for a woman to abuse her husband, but there has been a recent rise in the number of women being arrested for domestic violence. This suggests that plenty of men experience abuse at the hands of their wives. Women who are violently abusive towards their husbands are also more likely to become violent toward their children. If you are a father seeking a divorce and your wife has abused you, you must be represented by an experienced Cook County, IL domestic violence and divorce attorney. Proving that your wife has been abusive and could be a danger to your children may be an uphill battle, but it is one that Law Offices of Donald J. Cosley is willing and able to fight.
Gathering Proof of Domestic Violence or Abuse
Courts are sometimes, unfortunately, reluctant to believe men who say that their wives have battered them or harmed their children. Gathering as much evidence as possible is critical. Your attorney can give you specific advice for your situation, but some types of evidence you may want include:
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