Recent Blog Posts
What Is a Plenary Order of Protection in Illinois?
Applying for any kind of order of protection is never easy, and is usually preceded by months or years or terrifying emotional or physical abuse. But the state of Illinois takes the safety of its residents very seriously, particularly when they are children, and has several types of orders of protection available to those who need them.
One of these - a Plenary Order of Protection, or POP - is a long-standing order of protection that lasts much longer than an Emergency Order of Protection or “restraining order.” POPs do require a hearing, but because the hearing is evidence-based and requires the presence of both parties, it can grant victims greater protection.
How Can I File for a Plenary Order of Protection in Illinois?
In order to file for any order of protection, you must bring the appropriate paperwork to your local courthouse. This paperwork is available online and can be filled out in advance. Sometimes a clerk may be available to help you fill out forms, but not always.
Do I Have to Give Back My Engagement Ring if We Break Up?
Engagement rings are one of the most exciting aspects of a wedding. Many people dream for years of their perfect ring and are thrilled to find themselves engaged and later married. But just as the ring is a symbol of the hope of marriage, it can also be a source of conflict and sadness when the relationship comes to an end. Many people wonder - What happens to the engagement or wedding ring in a divorce?
When Does an Engagement Ring Have to Be Returned?
Illinois law regarding the ownership of a ring differs depending on whether a couple is married or engaged when the relationship ends. If the couple is engaged, then the person who ends the relationship may determine who keeps the ring.
What is an Order of Protection in Illinois?
If you are in an abusive relationship and are ready to end it, you may worry that taking steps to end the relationship will make the abuse worse. You may feel stuck in a cycle of fear, intimidation, and even violence. Research shows that many, if not most, injuries in domestic relationships occur when the victim attempts to leave the relationship.
Fortunately, Illinois law provides protection for victims of domestic abuse in the form of an Order of Protection. An Order of Protection can force your abuser to move out of your home and prohibit contact between you and your children. Listed below are the three types of Order of Protection in Illinois.
Emergency Order of Protection
Illinois law allows an Emergency Order of Protection (EOP) to be granted even when the subject – in this case, the abusive partner – is not present or even aware of the order. This kind of order is most often used when the immediate safety of a victim is at risk.
What is Electronic or Virtual Parenting Time?
During a custody dispute, parents will often wonder: Who will get the most time with my kids? Will I miss out on important parts of their life? How will custodial sharing change my relationship with my children? The idea of sharing parenting time, especially with a spouse who may be hostile, is difficult for many parents to contemplate.
If parents cannot agree on a visitation schedule, the court will step in and make arrangements for them. Unless parents split custody 50/50, one parent will be given most of the parental responsibilities and the other parent will get a set amount of parenting time or visitation.
One interesting change in the concept of parental visitation has been developing for some time – that of electronic or virtual parenting time. This idea got more exposure than ever during the Covid-19 pandemic and subsequent shutdowns when households were isolated and parents couldn’t see their children in person for long stretches of time.
Making the Most of Your “Right of First Refusal” in Your Illinois Parenting Plan
Any divorce As a divorcing parent, one of the most challenging concerns you may currently be facing is the prospect of seeing your child less often than you are used to. For a parent who is heavily involved in his or her child’s daily life, transitioning to a shared parenting schedule after divorce can be very difficult. This is one reason that disagreements about parental responsibilities and parenting time can become heavily contested during a divorce. The “right of first refusal” is an important element in an Illinois parenting plan that any parent in a child custody dispute should be aware of.
What Does “Right of First Refusal” Mean?
When you file your divorce petition, you will be asked to create a parenting plan and submit it to the court. This plan outlines how you will share parenting time, make important decisions about your child, and handle other co-parenting issues. The parenting plan also includes a provision explaining the right of first refusal. This is the right that parents have to be informed when the other parent cannot fulfill his or her allotted parenting time. The other parent must be given a chance to “refuse” the additional parenting time before the original parent can hire a babysitter or make other childcare arrangements.
Three Important Considerations for Divorcing Parents in Illinois
Any divorce can be complicated personally, legally, and financially. However, parents often face a unique set of issues when ending their marriage. Many parents’ primary concern during divorce is that of their children. They worry about the effect the split will have on their kids’ emotional well-being, growth and development, and schoolwork. They also worry about how issues like child custody and child support will be handled in the divorce. If you are a parent considering divorce in Illinois, make sure to keep the following considerations in mind.
You Can Get Temporary Financial Support While the Divorce is Ongoing
If you are a parent considering divorce, you may have concerns about the financial consequences of the split. Many parents–especially stay-at-home parents–rely on their spouse’s income. Fortunately, Illinois law allows divorcing parents to request temporary child support or spousal support orders before the split is finalized. “Temporary relief” child support orders require the parent with less parenting time to pay child support to the parent with more parenting time while the divorce is ongoing. This means that you do not have to wait until your divorce is settled to get financial support from the other parent.
What Is “Discovery” in an Illinois Divorce?
Getting divorced is not as easy as simply deciding not to be married anymore. Most divorcing spouses must address several key issues during their divorce including the division of marital assets and debts, spousal support, and child custody. “Discovery” refers to the fact-gathering stage of divorce. The evidence and information exchanged during discovery will affect the outcome of the divorce, so this is a crucial component of the divorce process. If you are planning to divorce in Illinois, it is important to know what is involved in discovery so that you can protect your rights and be as prepared as possible.
Exchange of Financial Information and Other Records
Most divorce issues revolve around finances. Accurate, up-to-date financial information is needed to determine how marital property and debts will be divided between the couple, the amount of child support a parent will pay, and whether a spouse is entitled to alimony or spousal maintenance. Spouses are expected to provide this information willingly, but in some cases, it takes some digging to uncover the documentation needed. Non-financial information may also be required in order to address the allocation of parental responsibilities and parenting time and other divorce issues.
How Are Child Support Payment Amounts Determined in Illinois?
Child support allows parents to share the costs of raising a child even if they are unmarried or divorced. If you are thinking of getting divorced or you are an unmarried parent, you may have questions about your child support rights and responsibilities. You may be curious as to the amount of child support you or your child’s other parent will pay. In Illinois, child support is usually determined by statutory formulas, but there are also cases in which courts deviate from these formulas.
Child Support Calculation in Illinois
Prior to 2016, child support in Illinois was almost exclusively based on the paying parent’s income. The higher the income of the paying parent or “obligor,” the higher the child support payment. Illinois now uses the Income Shares Model to determine child support payment amounts. This calculation method uses both parents’ income to reach an appropriate child support payment.
What Are the Benefits of Creating a Prenuptial Agreement in Illinois?
If you are like most people, you may assume that “typical” marriages do not require a prenuptial agreement. You may even think that premarital agreements are only used by the extremely wealthy. However, prenuptial agreements and other marital agreements can be powerful legal tools. Through a prenuptial agreement, you and your soon-to-be-spouse can define your property rights and responsibilities and start your marriage with a frank and honest discussion about financial concerns.
Differentiate Between Marital and Separate Property
When a couple marries, they combine many of their assets and debts. Assets and debts obtained by either spouse during the marriage are considered marital property. Assets and debts obtained before the wedding and certain gifts as well as inheritances are separate property and not subject to division during divorce. Through a prenuptial agreement, you and your spouse can decide which assets and debts are marital and which are owned by only one of the spouses. This is beneficial in the event of divorce and can also help spouses with estate planning concerns when a spouse passes away.
When Does an Illinois Divorce Case Go to Trial?
If you have ever watched a television show or movie depicting divorce, you may have seen dramatic courtroom scenes depicting divorce lawyers arguing facts in front of a judge. However, the vast majority of divorce cases are settled outside of court. If you are planning to divorce, you may be unsure of what to expect. Educating yourself about the divorce process and speaking with a skilled divorce attorney are two important ways to ensure that you are as prepared for your impending divorce as possible.
Issues that Must Be Addressed in an Illinois Divorce
Undoing the legal marital relationship is often more complicated than people realize. Before the divorce is finalized, the couple must reach an agreement about the terms of their divorce. They will need to determine how to divide marital property and debt, what to do with the marital home, and figure out the ownership of vehicles, furniture, and other personal property. If the couple has children, they will need to fill out and submit a “parenting plan” describing the allocation of parental responsibilities and parenting time. In addition, Spousal maintenance (alimony) is another issue that may need to be decided on. If the couple can reach an agreement about the terms of their divorce, they may design their own divorce settlement and present it to the court for approval. Once the court approves the settlement, it is formalized into a legally binding court order.
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