Posted on March 09,2023 in Divorce

If you have decided to get a divorce, the process will go more smoothly if you and your spouse can both agree on the terms of the divorce and sign the necessary paperwork. However, there may be situations in which your spouse refuses to sign divorce papers, or participate in the divorce process. There could be a number of reasons for this refusal, such as:

• They are hoping you will change your mind about getting a divorce;

• They want to delay the process and cause more difficulty for you;

• They are trying to get revenge because they blame you for breaking up your family;

• They have legitimate concerns about the divorce agreement.

If your spouse is purposely delaying the process or refusing to cooperate, it is important to understand that there are still options available to you. By taking the correct steps, you can force your spouse to be involved in the divorce proceedings, and if they still refuse to cooperate, the court may rule in your favor on many issues. Once your divorce has been finalized, you can leave the relationship and move forward successfully.

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 Posted on February 27,2023 in Divorce

During a divorce, one can expect their life to change in many ways. As you end your legal relationship with your spouse, you will need to make adjustments to your spending to ensure that you will be able to cover all of your expenses, and your daily routines will most likely change as well. However, you will usually want to make these changes on your own terms, and you may be looking to ease into your new life gradually. This may be difficult if you will be required to find new living arrangements, and you may be concerned that you could be forced to move out of your home while you are still in the midst of the divorce process. By understanding the divorce laws in Illinois, and the ways Illinois courts handle these situations, you can protect yourself against the unexpected, and make plans for how matters will be handled as you dissolve your marriage.

Equitable Distribution Laws

Illinois law states that marital property should be divided equitably, but not necessarily equally, between you and your spouse during your divorce, and this could include your home and other assets of significant value. As you negotiate a property division settlement with your spouse, you can address who will retain ownership of the home post-divorce. Depending on the overall circumstances, the financial resources available to each party, and each party’s ongoing needs, either spouse may be awarded sole ownership of the home, while the other party may receive other assets that have a similar value to the equity in your home. Alternatively, the parties may decide to sell the home during the divorce process, which will require both spouses to find new living arrangements. If the parties cannot reach an agreement on their own, then the judge in your case may decide who will own the home, or whether it should be sold.

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 Posted on February 20,2023 in Family Law

When a married couple gets divorced,  as well as in other types of family law cases, court orders will be put in place that will detail how certain issues will be handled going forward. While parents are expected to follow the terms of these orders, situations may arise in which one parent may believe that the other has failed to meet their obligations. These disputes may be related to child custody, child support, or other issues. Understanding the best ways to address these issues is important, and parents who approach these matters the wrong way could face a number of additional legal concerns. If you are in this situation, here are some mistakes that you should be sure to avoid:

Withholding Child Support

In some cases, a parent may violate child custody orders; for example, they may fail to pick up or drop off children when required, or they may refuse to allow the other parent to communicate with the children. These actions can cause a great deal of difficulty, especially for a "non-custodial" parent who spends less time with their children than they would prefer. The inability to spend time with children or communicate with them about what is going on in their lives can have a significant impact on parent/child relationships, and a parent who is being denied parenting time may believe that they need to take action to compel the other parent to abide by a child custody order.

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 Posted on January 20,2023 in Divorce

If you and your spouse have decided to split up and get a divorce, both of you will need to address numerous financial issues related to the ending of your marriage. Many of these issues  have to do with the division of marital property, and determining how to fairly and equitably divide the assets you both own can often be a complicated process. However, it is also important to ensure that both of you will have the financial resources that will allow you to meet your needs going forward, and so issues related to the income that each of you earns may need to be addressed. If your spouse is not currently working, they may request that you provide them with ongoing support payments. By understanding the laws that affect alimony (also known as spousal maintenance, or spousal support), you can work to find solutions that will protect your financial interests.

Spousal Support Laws in Illinois 

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 Posted on January 16,2023 in Family Law

Here at Law Office of Vincent C. Machroli, P.C., we work hard every day to stay on top of all the latest developments in Illinois family law, and to ensure that our clients are accurately informed about the legal issues that may affect them. We regularly publish blogs on topics related to divorce, child custody, child support, and other legal issues that affect families, providing helpful information about Illinois law and the concerns that affect people involved in family court cases. We want to highlight the blogs that were most popular with our readers in 2022:

1. Will a Marriage Counselor Ever Suggest Divorce? - This blog looks at the approach that counselors will often take with couples who are experiencing marital problems, while also discussing how mediation can be a good solution for spouses who wish to proceed with the divorce process.

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 Posted on December 29,2022 in Family Law

In the years after a divorce, it may be necessary for one or both parents to move, and, in some cases, a person may plan to actually move to another state. This can bring about problems,  since a move may affect subjects such as parental responsibilities (also known as child custody) and parenting time. Oftentimes, both parents want to continue to be involved in their children's lives, but a move that puts significant distance between parents' residences may affect the parents’ ability to do so. If you are a parent considering a move out of Illinois after your divorce, or if you are concerned about how your ex-spouse's plans to relocate out-of-state will affect your relationship with your children, it is important to understand how Illinois laws will affect that subject. 

Parental Relocation in Illinois 

In the state of Illinois, a planned relocation by a parent must typically be approved by the court if it affects the custodial rights of one or both parents. In cases where a parent who plans to move has the majority of the parenting time with their children, or even when parents share equal parenting time, an out-of-state move will usually be considered a relocation. However, a parent may be able to move to a different state without seeking court approval if their new residence will be no more than 25 miles away from their current residence.

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 Posted on December 19,2022 in Family Law

When parents get divorced, some of the most important decisions are related to the creation of an effective parenting plan that provides for the best interests of the children, while also meeting the needs of both parents, plus fulfilling all the requirements of Illinois law. During the divorce process, it is important to work with a skilled family law attorney who can ensure that all  subjects regarding parental responsibilities and parenting time will be properly addressed in a parenting plan. 

What Is a Parenting Plan?

A parenting plan is a legal agreement between divorcing parents that will be part of their final divorce decree. The plan will outline the parents' respective rights and responsibilities regarding their parenting duties, and also their relationships with their children. A parenting plan should include provisions for decision-making authority, parenting time or visitation, holidays, vacations, transportation arrangements, communication between parents and children, and other subjects related to the child's welfare. 

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 Posted on November 21,2022 in Divorce

Just as there are a  variety of types of marriages, there are numerous different types of divorces. Some divorces are a result of one spouse having an affair, while other divorces occur  because the couple simply grows apart. The end of their marriage comes as a total shock to some spouses, while others have known it was coming for years. If you are in a situation where you and your spouse are not on the same page about how you want to end your marriage and move on with your life, you may be facing a contested divorce. Contested divorces are much more complicated and time-consuming than uncontested divorces, and a person going through this type of divorce is strongly encouraged to hire an experienced family law attorney.

Contested Divorce vs. Uncontested Divorce

Couples going thru a divorce who agree on subjects such as property and debt division, the allocation of parental responsibilities, parenting time, child support and spousal maintenance generally do not have to go through numerous court hearings or extensive legal negotiations in order to end their marriage. The court’s main purpose when it comes to divorce is to make rulings about issues on which couples disagree. There is usually no need for far-reaching court involvement when couples are willing to cooperate and compromise.

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 Posted on November 08,2022 in Divorce

Conflict is often a part of divorce, but certain relationships have higher levels of conflict than others. If your spouse has a history of being abusive or destructive or has unpredictable, angry outbursts, you may worry that he or she may try to destroy your shared belongings. Perhaps he or she has already done so, and you are wondering if you can be awarded the lost value of those items. In cases like this, what’s known as an “asset dissipation claim” may be worthwhile to bring in the divorce case. To learn more about this type of claim, read on, and then contact a skilled Illinois divorce attorney for help with such a claim. 

When Can an Asset Dissipation Claim Be Brought? 

Angry or vindictive destruction of marital property is not the only reason a spouse may want to bring a claim of asset dissipation. Any time a spouse uses marital funds for purposes unrelated to the benefit of the marriage, without the consent of the other spouse,   an asset dissipation claim may be able to be brought in the divorce case.  This is because marital money is meant to be used for the benefit of all parties in a marriage - not just one party. Examples of  behavior that may justify asset dissipation claims include, but are not limited to: 

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 Posted on October 31,2022 in Divorce

Alimony can be one of the most frustrating issues to deal with in a divorce. Not only are both parties generally unhappy by the payments themselves (the payer usually feels they are too much, while the recipient usually argues they are insufficient), but the payments often go on long after a marriage has ended. Understandably, former spouses are often very sensitive to things that could influence or terminate the payments. 

Whether you are making or receiving alimony payments in Illinois, it is important to understand the circumstances that could trigger a modification or halt in payments. Knowing the law is especially important because failing to follow it, even accidentally, could lead to court sanctions. Read on to learn more, and then contact an Illinois alimony attorney today. 

Spousal Maintenance in Illinois  

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