Recent Blog Posts
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.
Everything You Should Know About Paternity in Illinois
Parentage is a far more complicated legal issue than it used to be. Illinois law now recognizes and accounts for gender diversity in parenthood. This can result in some confusion for new parents or people who are trying to become parents. Both medical advances and improved legal protections for LGBT+ parents have changed the way parenthood is looked at from a legal perspective. There are a few ways to establish the identity of a child’s legal parents. Unmarried parents and those using certain alternative methods to become parents may need to take extra steps to make sure they are legally their child’s parent. It is best to be represented by an attorney when navigating this complex and rapidly evolving field of law.
Do We Need a Prenuptial Agreement?
Every couple should strongly consider getting a prenuptial agreement. Although you likely dream of growing old together now, no marriage is bulletproof. Life has a way of surprising people. Spouses that seemed perfect for each other can drift apart over the years. A stressful event beyond your control could later come between you. Hard times can create stress and conflict among the most perfectly matched couples. In some traditions, brides and grooms promise to uphold their vows “so long as the love between them shall last,” rather than “until death do they part.” Many would argue that the former is a bit more practical. A prenuptial agreement is a good way of reducing uncertainty and stress in the event that your marriage does not last forever. It is important to consult an Illinois family law attorney when drafting a prenuptial agreement.
Overcoming Barriers to Divorce
A lot of people find themselves staying in their marriage not because they are happy, but because they have logistical barriers to divorce. Many spouses rely on one another for varying types of support whether they are happy together or not. You may have children together that you care for as a team. You may have combined your finances to such a degree that separating yours from theirs could be challenging, or you may be in a position where the family needs two incomes to pay expenses.
All of this can make it more difficult to get divorced. However, remaining in a marriage that is no longer working and is making you miserable may be even more difficult over the years. Additionally, the longer you stay married the more difficult it may become to sort out the issues that would arise in your divorce. You may find that while the time period during the divorce is challenging, things will get much easier as time goes on and you will be happier in the end. An attorney can help you plan to overcome any barriers to divorce you may face.
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