Posted on December 20, 2022 in Divorce

Very few things in life are as challenging as managing a pregnancy. In addition to morning sickness, mobility difficulties, and the chronic discomfort of being able to smell everything around you in acute detail, a crumbling marital relationship can add a burden that feels too much to bear. Unfortunately, many women in Illinois find themselves in a situation where they urgently want or need to leave their relationship, despite being pregnant. If you are in this situation and are considering divorce, it is important to understand your options. 

Do I Need to Wait Before Filing for Divorce if I Am Pregnant? 

Illinois does not prevent a divorce from moving forward simply because a woman is pregnant. However, it is important to know that you will be expected to create a parenting plan with your soon-to-be ex that delineates how you and your ex will share decision-making responsibilities and parenting time (visitation). Sometimes, you will need to return to court to address these issues after your child is born. This is especially true if there is a question as to the child’s paternity. 

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 Posted on December 06, 2022 in Family Law

While prenuptial agreements can be a wonderful source of constructive conversations before a marriage and a protective measure for both spouses before divorce, not everybody wants to write and sign a prenup. While there are good reasons for both having and not having a prenup, everybody feels differently about these legally-binding contracts, and the feeling that a prenup constrains a marriage in a way that feels overly financial or transactional is very common. 

Furthermore, a prenuptial agreement is often not simply the product of an engaged couple. The parents of one or both spouses may encourage the couple to sign a prenup, and some parents insist that a prenup be signed before doing important things like helping the couple pay for their wedding. Again, while the parental desire to have a prenup to protect an engaged child is understandable, the kind of pressure parents put on a couple may actually backfire by invalidating the agreement. To learn how a prenuptial agreement could be invalidated in Illinois, read on. 

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 Posted on November 28, 2022 in Spousal Maintenance

Alimony, spousal support, and spousal maintenance are all terms that are used to describe money that one spouse pays to the other after a divorce or legal separation. In Illinois, spousal maintenance may be agreed upon by the spouses, or the court may order one spouse to pay maintenance to the other. If you are getting divorced, you may have questions about whether you will be required to pay alimony. The answer to this question depends on several factors, including the length of your marriage, the incomes of both spouses, and the contributions each spouse made to the marriage.

Negotiated Spousal Maintenance Settlements

Like other elements of a divorce, spouses may be able to negotiate the terms of spousal maintenance through a marital agreement or during their divorce. If the spouses had previously made an agreement regarding maintenance in a prenuptial or postnuptial agreement, the court will typically uphold that agreement during divorce.

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 Posted on November 21, 2022 in Child Custody

When parents divorce, there are many different child custody issues that can lead to conflicts and disagreements. One of the most emotional issues is that of relocation, or when one parent wants to move away with the children. If you and your spouse are having trouble agreeing on whether or not your ex should be allowed to move away with the kids, it’s important to understand what your rights are under Illinois law.

Illinois Parental Relocation Laws

In Illinois, if a parent moves a certain distance away, it may classify as a "relocation." All parental relocations must be approved by the court. If the parents agree to the relocation and the relocation is in the child's best interests, then the process of getting approved is relatively straightforward. However, the process is more complex if one parent contests, or disagrees with, the relocation.

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 Posted on November 15, 2022 in Divorce

Child support payments are used to cover the cost of a child's housing, food, education, and other needs. However, if one parent is not truthful about his or her income, the child may not receive the full support they need. Illinois child support orders are calculated using the Income Shares method, which takes both parents' earnings into account. Parents who lie about how much money they make inevitably skew the calculations, resulting in an unfair child support arrangement.

Illinois Child Support Calculations

Prior to 2017, Illinois based a parent's child support obligation on the paying parent's income and how many children needed support. For example, if the paying parent (obligor) had two children, 28 percent of his or her income was earmarked for child support.

Recognizing the limitations of this method, Illinois switched to the Income Shares approach in July 2017. The new method seeks to more accurately reflect the amount of financial support a child would have if both parents were still together and sharing costs. Both of the parents' net incomes are added together and then the combined income is compared to the Income Shares schedule, which provides the basic support obligation (BSO). The BSO is the total amount of money that an average family would use to pay for child-related needs. The BSO is divided between the parents based on each parent’s percentage of the combined income. For example, If a father's earnings represent 70 percent of the parents' combined income, he pays 70 percent of the BSO.

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 Posted on November 07, 2022 in Family Law

Prenuptial agreements are rising in popularity. More and more couples are signing prenuptial agreements before they say "I do." Modern couples are realistic. Drafting a prenuptial agreement is not exactly romantic, but it is one of the most responsible decisions you could make before getting married. If you are considering a prenuptial agreement, here are five reasons to get one.

To Protect Your Assets

If you have significant assets, a prenuptial agreement can help protect them in the event of a divorce. When people get married, their finances inevitably become mixed. Any property or money that a spouse earns while they are married is added to the marital estate. If the couple divorces, any property contained in the marital estate is divided between the spouses. With a prenuptial agreement, you can keep your assets separate. This means that in the event of a divorce, your assets will not be considered part of the marital estate and will not be subject to division. You can also use a prenuptial agreement to protect inherited property or gifts from family members.

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 Posted on October 27, 2022 in Family Law

A legal separation does not end a marriage. However, it does allow spouses to make legally binding decisions about child custody, property division, and other issues typically decided on during a divorce. There are several reasons a married couple may choose to seek a legal separation rather than a divorce, including religious beliefs or personal preferences. In some cases, couples may also use legal separation as a way to test whether they want to end their marriage,

If your marriage is experiencing turmoil, make sure you understand the advantages and limitations of legal separation before making a decision.

Basics of Legal Separation in Illinois

When a couple gets divorced, they are no longer married in the eyes of the law. This means that they can remarry if they choose to do so. A legal separation does not end your marriage, but it does allow you to create a separation agreement - a document similar to a divorce decree. Your separation agreement may contain determinations regarding:

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 Posted on October 24, 2022 in Divorce

According to the most recent estimates, there are approximately 5.5 million family businesses currently operating in the United States. Running a family business can be a rewarding experience, but it can also be a challenging one. If you and your spouse co-own a business together and are considering ending your marriage, there are some important things to keep in mind. You will need to plan your divorce carefully to protect your business interests and avoid any potential disputes down the road.

Valuing the Business is Often the First Step

If you and your spouse co-own a business, the first thing you need to do is determine how you will value the business for the purpose of property division. This can be a complex process, as businesses are often worth much more than their physical assets.  You will need to consider the value of the business's goodwill, any intellectual property it may have, and its current and future earning potential.

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 Posted on October 13, 2022 in Divorce

Contested divorce cases often become contentious. Disputes may arise regarding the division of property and debt, the allocation of parental responsibilities and parenting time, spousal maintenance, child support, and other issues. In some situations, depositions are used to gather information and evidence relevant to the disputed issues. If you are getting divorced, it is important for you to understand how and when depositions may be used in your case.

What is a Deposition?

Depositions are interviews that take place under oath. In a divorce deposition, each spouse and his or her respective attorney answer questions pertinent to the divorce case. Most depositions are conducted in person, but some take place over phone or video conferencing.

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 Posted on October 06, 2022 in Divorce

Child support obligations in Illinois are based on both parents’ net incomes. For many payers, or “obligors,” child support payments represent a major monthly expense. If someone is already making child support payments to an ex, he or she may worry about how he or she will afford additional child support payments. People in this situation are usually filled with questions. If a parent has children with multiple partners, does he or she pay child support to every partner? How much does he or she pay? These questions can cause great concern for both payers and recipients of child support in Illinois.

Read on to learn how Illinois courts handle child support when someone has multiple families and what you can do if you need help establishing, changing, or enforcing a child support order.

How is Child Support Usually Calculated?

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