Recent Blog Posts
Making School Choices After Your Divorce
After months of back-and-forth and a measure of antagonism thrown in, you are finally divorced. Perhaps your children attended the public school closest to your home, but now you and your ex live in different places. One of you may want the children to go to the school in his or her district, while the other may disagree. Or perhaps one of you wants the children in a private school, and the other is stubbornly resisting. One parent could even want to homeschool, and the other could be adamantly opposed.
Whatever the issue, when you and your ex share parental responsibilities, an agreement must be reached. If you and your ex simply cannot agree, the Judge can make special provisions based on the children's best interests. However, the decision may be more difficult, even for a Judge, when it comes to private school or homeschooling. Before you give up and turn the matter over to a Judge, consider the value that an experienced Batavia, IL parental responsibilities attorney can bring to the negotiation table.
How Is Intellectual Property Divided in a Divorce?
Property division is a challenging part of the divorce process. It is a complex procedure in which marital assets — meaning those possessions acquired by either spouse during the marriage — are accounted for and distributed between the parties. In Illinois, since marital assets are divided fairly instead of equally, it is up to a judge to divide the marital estate as he or she sees fit.
Dividing marital property can become even more complex depending on the value and nature of the assets. Real estate, for example, must be valued and distributed. A family business also must be valued, which is done using one of several approaches. Intellectual property is another asset that can be challenging to divide in a divorce.
This article will discuss what intellectual property is, how it is distributed between divorcing parties, and how to seek the help of an Illinois divorce attorney for the property division process.
Can a Divorced Mom Homeschool Her Children in Illinois?
Homeschooling has become an increasingly popular educational choice for families across Illinois. It offers flexibility and personalized learning experiences that are tailored to your child and can suit your schedule. However, since homeschooling is not a typical school setting and it is a major commitment for parents, it is a decision that should be made collaboratively. For parents navigating custody agreements and parenting plans after a divorce, homeschooling can raise unique legal questions and considerations. If you are divorced and feel that homeschooling is the best option for your child, speak with a Kane County, IL family law attorney who can help you navigate this complicated situation.
Custody and Decision-Making Authority
Custody arrangements in Illinois typically include agreements about which parents have the authority to make decisions about their child’s education, among other things. If one parent wishes to homeschool, it is important to review the custody agreement to see who has the authority to make educational decisions. If the parents share decision-making authority, they both need to agree about the decision to homeschool. If one parent has sole decision-making authority, they can make educational choices without the other parent's consent.
What Can I Do if My Ex Stops Paying Child Support in Illinois?
One of the biggest concerns parents have before going through a divorce is how it will affect them financially. Even if they believe they should no longer be married to each other, they might consider settling for an unhealthy marriage for the sake of financial survival. Luckily, the legal authorities have certain measures in place that are supposed to make sure neither parent will end up suffering too much economically as a result of a divorce.
Sometimes one parent has been able to work and earn a living while the other parent has handled the majority of the household and childcare responsibilities that would have made the first parent too busy to solidify their career. If you are a parent who has not worked, you might be worried about what this means for you after divorce, but the court would likely order your ex to make regular child support payments to you. You begin to breathe a sigh of relief, but then your ex suddenly decides to stop making those payments without warning. It can be stressful and overwhelming if you plan your budget with these payments involved and they stop coming. If this happens to you, contact a qualified Batavia, IL child support attorney to understand your options.
Relocating with a Special Needs Child
When a divorced parent, or a parent who is in the process of getting divorced, wants to move away with his or her child, the court will want to make sure that the planned relocation is in the child’s best interests. To decide whether moving will be best for the child, the court will consider a list of factors. While the same factors are used in every child relocation case, how the factors apply to your case will depend on your child’s unique needs. If your child has special needs, has a disability, or has a major medical condition, the court will consider how the move will affect your ability to meet your child’s needs. A Batavia, IL child relocation lawyer can help you show the court how moving will help your child.
Important Factors When Moving With a Disabled or Sick Child
Some of the factors that are likely to be very important when you are trying to relocate with a child who has disabilities or high medical needs include:
From "Visitation" to "Parenting Time"
The change in terminology from “visitation” to “parenting time” might seem unimportant. Both terms refer to the amount of time a parent has to spend with his or her children. However, there is an important distinction. The word “visitation” implies that a parent is simply a visitor in his or her child’s life instead of a full co-parent. A father or mother does not go from being a parent to being a guest in his or her child’s life because the parent got divorced or broke up with the other parent. Even in cases where a child spends the majority of his or her time with one parent and only sees the other during breaks from school or on weekends, the child still has two parents. A Kane County, IL child custody lawyer can work to ensure that you enjoy the best possible relationship with your child after your divorce or break-up.
What is Separate Property in an Illinois Divorce?
Your separate, or non-marital, property is made up of the things that you own yourself, and your spouse does not have a claim to if you get divorced. There are a few limited categories of non-marital property in Illinois. Your income and the things you used your income to purchase for the benefit of the marriage or your family are not separate property and will be subject to equitable division during divorce. Generally, each spouse’s income and the assets they put it towards are considered marital property. Otherwise, a stay-at-home parent or disabled spouse could be left with nothing after getting divorced. A Batavia, IL divorce attorney can help you identify what separate property you own.
Categories of Separate Property in Illinois
Your non-marital property might include:
- Assets you owned before marriage - Marital property is defined as almost anything either spouse acquires after getting married. Any property you owned before you got married is likely not marital property. For example, if you owned some jewelry before your wedding, that jewelry is not considered a marital asset. However, if you contributed the assets to the marriage’s needs, they may have been converted into marital assets. For example, if you sold the jewelry and put the money toward a downpayment on a house, you cannot claim the proceeds as separate property. However, if you put the proceeds from the sale into your own personal account, those funds might be your separate property.
Benefits of a Premarital Agreement
If you are getting married soon or have gotten married recently, you may be wondering about whether you should get a prenuptial or postnuptial agreement. While creating such a contract might not seem like the most romantic way to begin your marriage, it is likely one of the smartest ways to prepare for married life. Having a marital agreement in place can give you peace of mind, knowing that if for whatever reason, your marriage does not work out, you are well protected. If you are worried about having an unfair agreement used against you in the future, or if your spouse is trying to force you to sign an agreement that heavily favors them, you should know that there are laws protecting you. A qualified Kane County, IL, premarital agreements attorney can help you create a contract that protects you - without causing unnecessary conflict in your marriage
What Is Supervised Visitation?
In almost all child custody cases, the court will want the child to have an opportunity to spend time with both parents. However, there are some cases where the court might feel that the child would be safer seeing one parent if there is another trusted adult present to make sure the visit goes smoothly. While many parents find the idea of needing “supervision” to see their children repulsive, this is frequently done as a precaution to start with. Over time, the court may find supervision no longer necessary. While you may feel insulted, ordering supervised visitation is the court’s way of making sure that a parent who has had certain issues in their life can still enjoy quality time with their child. There are several types of supervision a court may use depending on the circumstances. If supervised visitation is likely to become an issue in your case, it is important to work with an experienced Batavia, IL, child custody lawyer.
Why is My Divorce Taking So Long?
You might wish marriage was something you could rip off like a bandaid. You may be ready for your divorce to be over with as soon as you have decided to file. While many wish that divorce was something they could get through in a few weeks, it normally takes a lot longer than that. How long your divorce could take depends on so many different factors, like the size and complexity of your marital estate and whether you have a prenuptial agreement. If you are asking the court to make decisions, you are likely to experience a lot more delays than a couple going through mediation might encounter. A quick look at the Illinois state statute listing all the different factors a court must hear evidence about and consider just to rule on one single issue - here, spousal support - should illustrate why contested divorce can take so long. Having a well-qualified Batavia, IL, divorce lawyer is of the utmost importance.
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