High Point Plaza, 4415 West Harrison Street, Suite 213, Hillside, IL 60162
High Point Plaza, 4415 West Harrison Street, Suite 213
Hillside, IL 60162
CALL TODAY FOR A FREE CONSULTATION
708-449-7404
Recent Blog Posts
Do I Still Need an Attorney if We Divorce Using a Mediator?
Mediation as a means of resolving important issues in a divorce is an increasingly popular option. Indeed, judges these days often order divorcing couples to attempt to resolve their issues with the help of a mediator before allowing a case to proceed to litigation. In the vast majority of cases, a couple committed to resolving their divorce peacefully can resolve all of their issues in mediation, reach a satisfactory divorce settlement and move forward with their lives.
However, despite being an inherently less adversarial process than a litigated divorce, mediation is not without its risks. One risk is that sometimes spouses who aim to reach a resolution in mediation may be willing to give up certain property and parental rights, resulting in a seriously negative outcome for them in the future. Having an attorney can help you avoid these possible errors and other potential pitfalls of mediation.
How Do I Know if I Will Have to Pay Child Support After My Illinois Divorce?
If you are getting divorced in Illinois, and have a child under the age of 18 (and in some cases, even a child older than 18), you may be wondering whether you will need to pay child support. When you have your child’s best interests at heart, it is important to know what to expect as you prepare yourself emotionally and financially for life after a divorce. To learn more about how child support works in Illinois, read on, and then contact a highly-skilled divorce attorney for advice.
Who Pays Child Support?
Child support payments in Illinois are calculated using the “income shares” model. This model uses both parents’ net incomes, and, along with the amount of time each child spends with each parent, determines whether one parent needs to pay child support. Child support payments are meant to cover a child’s everyday expenses like clothing, food and housing, as well as the costs of education, healthcare and other wellness needs. While the parent with the majority of parenting time is usually the parent to receive child support payments, this is not always the case.
Are Engagement Rings Supposed to Be Returned in a Divorce?
An engagement ring is an object with a deep sentimental feeling attached to it, but it is also often the most valuable asset a young couple owns at the beginning of their marriage. When a marriage falls apart and a couple files for divorce, it is understandable that both spouses may have strong feelings as to the entitlement of the ring; the spouse who gifted the ring may feel as though a promise has been broken, while the spouse who wears the ring may feel as though gifts cannot be taken back.
When a valuable engagement ring is at stake, what happens if the engagement is broken off? And, if a couple is married, how do they know whether the ring should be considered marital or personal property? Read on to find the answers to these questions and then contact an Oak Park divorce attorney for help with your case.
When Does an Engagement Ring Have to Be Given Back?
Engagement rings are different from other gifts that lovers give to each other; generally speaking, even a very expensive gift does not need to be returned if an engagement is called off. An engagement ring, however, is a gift given in exchange for the promise of marriage. If an engagement is called off, whether the ring must be returned depends on who ended the relationship.
What is the Difference Between “Parental Responsibilities” and “Parenting Time” in Illinois?
Parents of minor children who are getting divorced in Illinois (as well as parents who were never married but who share a minor child) will suddenly find that their parenting abilities and habits are under a magnifying glass. Things that seemed fairly mundane before, such as spending time with the children, making important decisions or deciding to move for a new job, are now under tight restrictions detailed at great length in a legally-binding parenting agreement.
To make sure that you give your children the best chance of success after a divorce, and to ensure you do not run afoul of Illinois family law, it is important to understand the difference between the two primary categories contained in a parenting plan: “Parental responsibilities” (formerly known as “custody”) and “parenting time” (formerly known as “visitation”).
What are “Parental Responsibilities”?
Can My Ex Use Social Media Posts Against Me In Our Divorce?
Even as the negative consequences of using social media become increasingly clear, nearly everyone has a social media account on at least one platform. And while social media has been shown to have a negative effect on marriage, perhaps the effects of inappropriate social media use during an Illinois divorce can be even worse.
In fact, inappropriate social media behavior is so prevalent and so useful when it comes to arguing a divorce case that the American Academy of Matrimonial Lawyers states that 81 percent of divorce attorneys say that social media has helped a divorcing spouse search for evidence of bad behavior. Unfortunately for the spouse who posted it, this evidence can later end up in court. If you are getting divorced in Illinois, it is essential to understand harmful social media behaviors to avoid in order to secure the best possible outcome.
Venting About Your Divorce
Four Tips for Protecting Yourself During Divorce When Your Spouse Has a Personality Disorder
Most Illinois couples start their marriage with high hopes for a lifetime of love and happiness. Unfortunately, certain characteristics and behaviors often do not come out until spouses are married and comfortable letting their guard down. This makes certain personality disorders very hard to detect before marriage and devastating to endure once they begin.
Borderline personality disorder, narcissistic personality disorder, histrionic personality disorder and psychopathy affect a relatively small percentage of the population yet are common enough that extensive research has been done about how these personality disorders affect the ability to form and sustain healthy relationships. If you are in a relationship with someone who suffers from a personality disorder, you likely already have experience with how unpredictable and contentious conflict with your spouse can become; unfortunately, getting divorced is likely to be even more challenging. The good news is that you are not the first person to go through this experience and there are things you can do to protect yourself.
Do Fathers Face Bias in Illinois Divorce Courts?
For most of American legal history, mothers held a decided upper hand in a divorce regarding child custody arrangements. According to the “tender years” legal theory, young children needed their mothers more than their fathers. Millions of fathers lost out on crucial years with their children, making it hard to ever recover a fully developed relationship when the children became older.
Today, Illinois family law takes care not to favor one parent over the other–in theory, at least. Although judges are charged with applying the law regardless of their personal beliefs, personal values and biases can still impact a judge’s perception of whether a father is fit to share equal parenting rights with a mother. A father may have to enlist the help of a skilled divorce attorney to help him fight to protect his relationship with his children in a parenting agreement.
What Should I Do if I Believe My Ex is Abusing Our Children After Our Illinois Divorce?
Spouses in Illinois often get divorced because abuse or neglect exists in the marriage. Sometimes, such behavior is directed towards a couple’s children even before the couple decides to separate. Other times, fears of child abuse may suddenly arise after a child comes back from spending parenting time with their other parent and something seems terribly wrong. Regardless of how the issue arose, it is essential to take your hunches about child abuse or neglect seriously. If you are in this situation and wondering whether the situation may justify a parenting agreement modification, read on.
Do I Need to Show Evidence of Abuse?
Illinois courts take allegations of child abuse very seriously. However, family court judges are also aware that spouses will sometimes make false or exaggerated claims about abuse to try to get revenge on each other, or to try to keep children away from their other parent. For these reasons, it is essential to have some tangible evidence that child abuse is taking place so something can be done.
Can a Prenuptial Agreement Protect My Business in Illinois?
If you or your future spouse own a business, you know the hard work and dedication it takes to be an owner. As you are approaching your marriage, you may have questions about the impact that getting married may have on your business. To protect your business’ assets and clearly and legally establish what is and is not marital property, you and your spouse may choose to sign a prenuptial agreement. No one wants to think about divorce before they are even married, but having a prenuptial agreement in place, especially when a business is involved, can provide peace of mind and establish a clear understanding of your finances.
Signing a prenuptial agreement is not a predictor of divorce. As the average age of wedded couples grows older, and more assets are often brought into the marriage, it can be a good way of knowing each other's assets and debts. This can help avoid arguments about finances later, which are a leading cause of divorce. Both parties should be as upfront as they can during the preparation of a prenuptial agreement. During the divorce process, the agreement can be thrown out by a judge if, for example, one of the parties hid assets from the other, or if one spouse felt coerced into signing the agreement.
What Happens Regarding Child Support Payments If One Parent Loses Their Job?
If you have been through a divorce and have children, you may be the recipient of child support payments, or you may be the one making the payments. The initial payment arrangement is either agreed to during the divorce process or through a court order by a judge ruling on the issue. It is based on certain factors, including the combined income of the two parents, how many children are being supported, and local cost of living charts. However, the courts recognize that living situations can change post-divorce. Child support modifications are available for many changes in post-divorce circumstances, and employment status is one such circumstance.
If the parent making the payments loses their job, they can request a temporary reduction through the court in the amount they have to pay. Either parent can petition the court for a child support modification to change the original order. If the job loss was due to being laid off, being fired, or if they are unable to work due to factors outside of their control, the court is more likely to grant a modification request. However, if the child support payor voluntarily left their job and has not been making a concerted effort to regain employment, or willingly took a substantial pay cut, the court may deny the request. It is important to attempt to keep making the payments previously ordered by the court in the divorce case until the modification has been approved by a new court order.
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
PHONE: 708-449-7404 | FAX: 708-449-7406
