Posted on March 01, 2018 in Child Support

When parents of a child are separating or filing for a divorce, they must come to an agreement regarding how time with their child will be shared. Illinois courts refer to this as “parenting time,” with 750 ILCS 5/600 distinguishing parenting time from significant decision-making responsibilities, explaining that parenting time is the time during which a parent is responsible for exercising caretaking functions in regards to a child. Separating parents must create a parenting plan that addresses parenting time.

Of course, you may not agree with your soon-to-be-ex-spouse’s proposed parenting plan and time-sharing agreement and may want to contest the proposal. You may also want to contest a court’s decision to award parenting time in a manner that you find unfit or unfair. Here’s what you need to know–

Contesting Your Spouse’s Proposed Parenting Plan

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 Posted on February 01, 2018 in Paternity

Establishing paternity is important for children, fathers, and mothers alike. Indeed, not only does establishing paternity help to ensure that a mother and child get the benefits to which they are entitled (such as a child support benefits), but also that a father is able to seek custody or visitation with his child, and maintain legal parental rights.

That being said, who the father is of a given child is not always clear. When this is the case, a mother may request that an alleged father take a paternity test. For myriad reasons, the father may be in opposition to this request.

If you have been requested to submit to a paternity test, here’s a look at what you should know about your right to refuse:

When You Can Refuse a Paternity Test

If you are an alleged father who is asked by a mother–and not another entity–to sign a voluntary acknowledgement of paternity form or/and to submit to genetic testing to determine paternity, you have the legal right to refuse to do this. However, while you are legally allowed to refuse–and to do so without consequence–keep in mind that the mother has other legal resources at her disposal, including the Department of Healthcare and Family Services (DHFS).

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 Posted on February 01, 2018 in Divorce

If you are currently married and planning to divorce, or have recently divorced, dropping your spouse’s last name and going back to your own may be on the top of your to-do list. Depending upon your circumstances, you may also be hoping to change the last names of your children (assuming they have been given your ex-spouse’s last name). Here’s what you need to know about doing so:

Petition to Change a Child’s Name

Changing a child’s legal name is a process that requires going through the court. There are three likely forms that you may need to complete in order to petition to change your child’s name (work with an attorney to figure out which form specifically applies to your case):

• Request for name change;
• Notice of court date for request of name change; or/and
• Order for change of name.

One of the most important steps in the name change process is getting the other parent’s permission to change the child’s name; you cannot change the child’s name on your own unless you are the sole party with legal parental rights. The easiest way to get the other parent’s permission is to ask them to sign the request for name change form.

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 Posted on February 01, 2018 in Divorce

When you get divorced and separate from your spouse, there are a lot of things to consider, including your financial picture. Indeed, one way that divorce can affect your financial status is by affecting your taxes. If you are filing for divorce–or have recently divorced in Illinois–make sure you understand how your divorce will affect your relationship with the IRS.

Filing Status

Getting a divorce will likely affect your filing status, as you will now be filing as “single” rather than “married.” However, remember that if you were still married during the tax year that you are filling for, you will need to file as “married.” For example, if you were married throughout 2017, your divorce was finalized in January 2018, and it’s now April and you’re getting ready to file your taxes for the previous year, you will need to file as married.

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 Posted on February 01, 2018 in Divorce

When a party to a marriage wishes to divorce, they typically initiate the process by telling their spouse they want a divorce, filing the appropriate papers with the court, and then serving their spouse the divorce summons. After the summons has been served, the receiving spouse will have an opportunity to reply to the summons, and the divorce will be officially underway.

But what does an individual do in the event that he or she cannot locate a spouse, and therefore is unable to serve the spouse with a divorce summons? Can they still seek a divorce?

Make a Good Effort to Find Your Spouse

The court tasks a spouse who wishes to file for divorce with the duty of making a good faith effort to find a spouse in order to serve them with papers. This may mean asking your spouse’s family and close friends if they know where your spouse is, reviewing your spouse’s cellphone or credit card history to determine a location, and using the internet and other search techniques (including, in some cases, even hiring a detective) to locate your spouse. The court will ask for proof that you made a good effort, so it is important that you not only do all of the above, but record it as well.

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 Posted on January 01, 2018 in Divorce

Terminating a marriage via dissolution (also called divorce) is no easy feat – indeed, getting a divorce requires going through a legal process that can be expensive, confusing, and emotional.

In some cases, however, a couple need not get a divorce in order to end a marriage. Sometimes, a declaration of invalidity of marriage may be issued. This is also called an annulment.

When Can a Person File for an Annulment?

An annulment of a marriage is different from a divorce, in that an annulment treats the marriage as though it never happened. However, a person cannot annul a marriage simply because they feel like it; instead, a declaration of invalidity will only be issued when:

• One party was not capable of consenting to the marriage at the time it took place (i.e. being intoxicated) or was pressured into the marriage by force or duress;
• One party lacks the physical capacity to consummate the marriage and at the time that the marriage took place, the other party did not know about this lack of capacity;

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 Posted on January 01, 2018 in Divorce

One thing that often pushes couples to the brink of a divorce is a financial crisis, which is why a foreclosure on a home and a divorce often go hand-in-hand. Indeed, debt can be one of the biggest stressors in a relationship, and if you are facing debt and are at risk of losing your home, and thinking about divorce, you may have a lot of questions about how each will affect you.

Dividing Debt in a Divorce

Many couples think that if they file for a divorce, they will be able to escape debt, particularly if the debt is in their spouse’s name. However, because Illinois law holds that all property obtained during the course of the marriage is marital property, there is a very good chance that you will be liable for mortgage debt if you and your spouse purchased the home during the course of your marriage. If the house was purchased by one spouse prior to the marriage, then it may be the case that spouse retains the residence and the debt.

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 Posted on January 01, 2018 in Divorce

No matter who you are or your economic level, getting divorced is complicated and emotional. For high net worth individuals, a divorce can be especially complex, as more assets to divide typically means more questions about who gets what, and potentially more contention. If you are a high net worth individual who is thinking about or in the midst of a divorce, here’s what you need to know about high net worth divorce and what to expect as you navigate the process.

What Is a High Net Worth Divorce and Why Are These Divorces More Complicated?

A high net worth divorce is a divorce in which one or both parties have multiple assets that make individual or combined net worth very high. These assets may be in a number of forms, including real estate holdings, investments, liquid cash, assets in a trust, businesses, retirement accounts, and more.

High net worth divorces tend to be more complicated because there are more assets to divide and more assets to fight over. In addition to assets alone, one spouse may request hefty alimony payments from the other. Parties may have a more difficult time determining who should get what.

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 Posted on January 01, 2018 in Child Custody

Parents who decide to separate and not raise a child together jointly in the same household will need to create a parenting plan, which outlines with whom the child will live, what visitation rights of the other parent will be, which parent will have legal decision-making authority, how the child will be transported between parents’ homes, and more.

Creating a parenting plan can be stressful; parents are not always in agreement regarding how a child should be raised, where the child should live, or how decisions about a child’s life will be made. As you create your parenting plan, here are some tips to keep in mind for success during the process.

Be Comprehensive

The more comprehensive your parenting plan is, the better. At the very least, a successful parenting plan will include a basic schedule for where your child will live, a visitation (parenting time) schedule, an arrangement regarding weekends and holidays, details about how your child will be transported between you and your spouse, how last-minute changes will be handled, how you and your child’s other parent will resolve disputes should they arise, and rules for the child and who will have the authority to make rules or decisions about the child. These are the basics. Add-ons might include rules for cellphones or technology, bedtime schedules, dietary requirements, disciplinary methods, curfews, etc.

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 Posted on December 01, 2017 in Divorce

Since the law legally went into effect in 2014, same-sex marriage has been recognized in the State of Illinois. But just like all couples, those in a same-sex marriage may find that over the years, issues arise that create a divide between them, leading to divorce.

While a party in a same-sex marriage who is seeking to dissolve the union will need to follow all of the same steps as an individual in an opposite-sex marriage would, same-sex couples may encounter unique issues in divorce.

Child Custody

Perhaps the most complicated issue in a same-sex divorce is that of child custody for couples who have children together. The issue can be even more complicated when one parent is the biological father/mother of the child, and the other has not yet legally adopted the child, raising questions about what the rights of the other parent are. Unfortunately, the Illinois Supreme Court’s decision in In re: Parentage of Scarlett Z set a precedent for the denial of parental rights to people who have not adopted their partners’ children.

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