Posted on August 24, 2022 in Spousal Support

Illinois is a no-fault divorce state. This means that, no matter how poorly spouses treated each other during their marriage, the only fault that can be given when a couple gets divorced is "irreconcilable differences." With few exceptions, divorce judges do not take a spouse’s behavior during a marriage into consideration when he or she is making decisions about the outcome of the divorce.

For a spouse who has been wronged, this can feel deeply unfair. After all, it makes sense that someone who ruins a marriage with unforgivable acts of infidelity should not have the right to make the same demands of their spouse as someone who has been faithful. Unfortunately, this is how the law works in Illinois. But this does not mean that you cannot use the law to your advantage if your spouse is already with someone else and is asking you for alimony.

Can I Fight My Ex’s Alimony Petition if They Have Another Partner?

In Illinois, alimony is technically known as "spousal maintenance." While spousal maintenance is awarded less often than it used to be, for spouses who have been married for a long time and who have a significant difference in their ability to make money, spousal maintenance is still common.

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 Posted on August 19, 2022 in Child Custody

Today more than ever, families are made up of parents who were born in different countries. On top of that, the ease of international travel makes divorced parents traveling out of the United States with underage children a very common occurrence. But in the bustle of preparing for a long journey, parents often do not think about what they need to do before leaving the country with a child after divorce. To avoid any legal complications that could prevent you from leaving the country, it is essential to do these things before leaving the U.S. with your child.

Get Your Child’s Passport

Regardless of the parents’ relationship status, all children under the age of 16 must have both parents’ authorization to get a passport. This may require both parents to be present at the passport meeting, although getting a signed permission form may also be possible. If just one parent has parental responsibilities, or if one parent has had their parental right terminated, the parent with authority over the child must prove there is not another parent who needs to give their consent. Passports for children are only valid for five years, so if you already have passports, be sure to check the expiration date. Many countries will not let visitors enter if their passport expires within six months.

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 Posted on August 17, 2022 in Divorce

Divorce brings many changes and a new school year can heap challenge upon challenge for newly divorced parents who are managing children’s schedules from two different households. The first school year can be especially difficult as you come up with new strategies for managing the new and old problems that come with having minor kids in school. Here are four situations that Illinois parents frequently encounter during the school year and some suggestions for handling them smoothly.

Homework and School Projects

It is important for parents to be on the same page about enforcing homework rules and expectations. This is especially true for bigger projects and tests that can take weeks to complete or prepare for and which may require supplies to be moved between households. The more a routine can be predictable and simple, the easier it will be for kids and both parents to follow.

School Lunch

Whether your child buys lunch at school or takes lunch with them is less important than everybody knowing what to expect. After all, the last thing you want is for a kid to be surprised at school with an empty lunch account balance and a hungry stomach. If a child is eating school lunch, make sure you discuss how to manage the costs (this can be a great issue to address in your parenting plan). If you need to reimburse the other parent for the cost of food, do it directly through them, not your child.

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 Posted on August 16, 2022 in Estate Planning

While many stepparents come to have close relationships with their stepchildren, other stepparents do not nor even wish to. Step-families are often a complex mix of histories, emotions, grievances, and perceived injuries, making warm relationships difficult to establish and nurture.

Whether one feels positively or otherwise about his stepchildren, when it comes to estate planning, certain questions must be answered. Does a stepparent need to specifically address stepchildren in the estate plan? Is a stepparent a terrible person if they choose to specifically exclude their stepchildren or even one particular stepchild? If you are learning more about creating an estate plan, read on and then contact our Illinois estate planning attorneys for skilled legal assistance.

Do Stepchildren Have Rights to an Estate?

The good news for stepparents who are not interested in making their stepchildren part of the estate plan is that, unless they are adopted, stepchildren have no inheritance rights. Even if they are not mentioned in an individual’s will, stepchildren do not have standing to claim an inheritance from a stepparent. Stepchildren who are adopted are treated the same as biological children.

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 Posted on August 12, 2022 in Divorce

While divorce is never pleasant, most divorces are able to proceed without extensive conflict between spouses. A couple’s assets are divided fairly, using mediation or collaborative divorce if necessary, and both spouses go on to live their separate lives. In some cases, however, a spouse will try to get the upper hand by deceiving their spouse and the court about the true value, location, or nature of their assets.

To the spouse on the receiving end of this behavior, it can feel deeply unfair and frustrating. And without knowing how to access better information about the assets, it can be difficult to bring the dishonest to a judge’s attention. Fortunately, a spouse who gets caught hiding assets during divorce can face serious consequences. An experienced divorce attorney can help you bring asset hiding to a judge’s attention, as well as search for hidden assets with the help of appropriate professionals.

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 Posted on August 04, 2022 in Family Law

Although being a parent can be a warm, joyful experience, it also has its frustrations. One common scenario that many Illinois parents experience is the challenge of recovering child support from a former spouse or partner who feels no obligation to ensure their child is financially cared for. Of course, not only does this place the child at a disadvantage, but it also requires the parent receiving child support to work overtime just to get what they are legally due.

Some parents who do not want to pay child support will go so far as to leave the country to avoid their responsibilities. Other parents will get deported or move and simply stop making payments. If you find yourself confronted with the necessity of chasing your child’s other parent across the globe to get child support, read on.

Are Parents in Other Countries Still Required to Pay Child Support?

Leaving the United States does not absolve a parent or his or her responsibility to pay child support. However, before any enforcement action can be taken, a legitimate child support order must be put in place by an Illinois court. Your child’s other parent does not have to be present for the order to be put in place, but without an order, the authorities cannot take action.

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 Posted on August 01, 2022 in Wills and Trusts

Trusts are rapidly replacing wills as the main form of testamentary estate planning. You do not need to be a millionaire for using a trust to make sense. In terms of deciding who gets what when you have passed away, a trust can do everything a will can do while also allowing for some discretion and more gradual distribution. There are a number of benefits trusts offer that wills cannot. Unless you have minor children, you may not need a will at all if you establish a trust. There are also numerous different types of trusts that all offer distinct advantages and disadvantages. An attorney can help you understand all your options so that you can make a well-informed decision.

Advantages of Using a Trust, Not a Will

Some of the benefits that have people turning to trusts as their primary testamentary document include:

• Gradual distributions - When you use a will, your beneficiaries get whatever gifts you have left for them in their entirety immediately. Depending on your beneficiaries and how they are with financial management, this could be a recipe for disaster. With a trust, you can have money slowly distributed to them over time instead of handing them a lump sum.

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 Posted on July 28, 2022 in Divorce

Maybe your spouse said something directly. Maybe it is only a hunch. Whatever your reason for suspecting divorce papers may be heading your way, it is common to feel panicked and unsure of which steps to take next. Having conflicting feelings is totally normal during the pre-divorce phase, but it is still important to strategize carefully so you do not end up at a disadvantage if your spouse does end up filing for divorce. If you are wondering whether you should file for divorce first, read on and then contact our excellent team of Cook County divorce attorneys.

Can My Spouse File For Divorce Without Telling Me?

While it certainly does not feel good to be surprised by a knock on the door from a sheriff serving divorce papers, your spouse can file for divorce without telling you first. As long as one of you has lived in Illinois for at least 90 days, you can file for divorce under Illinois law. Your spouse does not even have to claim that you are at fault; “irreconcilable differences” is the only reason spouses can give for getting divorced in Illinois.

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 Posted on July 26, 2022 in Divorce

Many couples in Illinois feel as though they have lost a romantic connection or have differences too great to overcome. At the same time, these couples may not be ready to completely commit to a divorce - now or ever. When this happens, Illinois law offers an alternative option that may be a better fit: Legal separation. If you want to officially separate from your spouse but do not want a divorce, read this overview of legal separation and then talk to a DuPage family law attorney about your options.

What is a Legal Separation in Illinois?

When married couples who want to separate move out of the marital home, they may be physically separated but they have not yet gotten legally separated. Legal separation is not merely living apart; rather, it is a legal term that describes formally separating your life with your spouse in virtually the same way as a divorce without actually getting divorced.

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 Posted on July 25, 2022 in Estate Planning

Creating an estate plan can take some effort. You have to carefully consider who you would like to receive what. There can be an emotional aspect to estate planning. There is some legal strategizing involved. The last thing you want is for someone to dispute your estate planning documents when you are no longer here to defend yourself and your plans. Disputes are common when a relative is left out of the estate plan and becomes upset. They may also occur simply because your survivors are not getting along with each other. Document disputes are not always raised in good faith. There are steps you and your lawyer can take now to reduce the likelihood of a dispute later.

Ways to Stop a Future Dispute Before it Happens

If you have any suspicion that someone may have an interest in disputing your documents later, inform your attorney. They may recommend strategies like:

• Private planning - Your lawyer may ask that you come to all appointments with them alone rather than with a relative or other intended beneficiary. Meeting with your lawyer to do your estate planning in private may help remove any appearance of undue influence by one beneficiary. In fact, it may be preferable to not tell your loved ones that you are engaged in estate planning until the process is complete.

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