Posted on May 01, 2018 in Divorce

Getting a divorce can be tough on everyone, especially children in the divorce. Indeed, not only may children be forced to live with only one parent–potentially damaging their relationship with their other parent–but they may also lose out on the ability to live or spend time with other loved ones in their life, including siblings. Which is why it is important for siblings–or for those who are representing their interests–to understand siblings’ rights to visitation in Illinois.

Does the Law in Illinois Protect Siblings’ Rights to Visitation?

Divorce often means that siblings are separated from one another. Sometimes, one sibling will live with one parent, and the other sibling with the other parent. Other times, the siblings are related by marriage or by the blood of one parent, not both. For example, children may be biologically related to the mother, but only one child is related to a father in a divorce case. As such, the child biologically related to the father may live with him, and the other child will reside with the mother.

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 Posted on May 01, 2018 in Divorce

Whether or not to enter into a prenuptial agreement with a soon-to-be-spouse can be a contentious issue; many worry that prenuptial agreements are unromantic, or may even be indicative of predicting that the marriage will fail. However, prenuptial agreements have a number of benefits, too. Indeed, consider these five reasons for forming a prenuptial agreement in Illinois–

1. Prevent Surprises in a Divorce

One reason to get a prenuptial agreement is that doing so can help to ensure that both you and your spouse understand your financial obligations in a divorce and what a divorce settlement will look like should you choose to part ways. This can both prevent surprises in a divorce, and save money on litigation costs and lawyers’ fees in the future.

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 Posted on May 01, 2018 in Divorce

When parents welcome a new child into this world, there is a lot to think about. Indeed, from worries about breastfeeding to concerns about college funds, new parents are often overwhelmed by the questions and tasks that surround a new baby. However, while there may be a lot on your mind, one very important thing to think about is a VAP.

VAP – What’s That?

Standing for Voluntary Acknowledgement of Paternity, a VAP is an important legal document that establishes a father’s legal rights in regards to their child. While parents who are married or in a civil union and have a baby both automatically have parental rights over that child, if parents are not married or in a civil union, they will need to fill out a VAP to ensure that the father’s rights are recognized.

Information You Will Need When Filling Out a VAP

As provided by the Illinois Department of Public Health, if you and your spouse are ready to fill out a Voluntary Acknowledgement of Paternity form, which you can do at the time of the child’s birth, you will need:

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 Posted on April 01, 2018 in Divorce

Mediation is a type of alternative dispute resolution that is used to help divorcing couples understand each other, and work together to reach an agreement about tough issues in a divorce. While mediation is not always effective, it can be one way to mitigate litigation, as well as the high costs, time expenses, and emotions that accompany going to court.

Mediation may be something that couples choose to engage in on their own, or it may be court ordered. Either way, there are multiple benefits of mediation, including:

Mediation Can Be Less Expensive

Costs in a divorce increase dramatically when a couple needs to go to court to resolve issues, such as how property will be divided or who will get custody of a shared child. These expenses are comprised of both court and lawyer fees and going to court can wind up costing thousands of dollars. If you want to avoid the highest costs of divorce, mediation is often a much less expensive option.

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 Posted on April 01, 2018 in Alimony

When a couple divorces, it is not uncommon for one party of the marriage to be awarded spousal maintenance, also known as alimony. Spousal maintenance may be a part of a divorce settlement when one spouse needs help transitioning after a divorce or does not have the income or resources to support themselves without their spouse.

How long an alimony award might last is dependent upon a number of factors, and most spousal maintenance awards are not permanent. In all cases, however, one thing that will certainly terminate a spousal maintenance award is remarriage.

Spousal Maintenance and Getting Remarried

If you are a maintenance-receiving spouse in Illinois and are thinking about getting remarried, it is important that you understand that if you do say “I do,” your maintenance payments will end, even if you have been awarded a long-standing maintenance order.

It is also worth noting that it is not just remarriage that may be the catalyst for a support order being terminated; cohabitation can also be grounds for the termination of a spousal support award. In fact, the duty of the maintenance-paying spouse to continue to pay maintenance ends upon the date of cohabitation, and cohabitation or remarriage while receiving a spousal maintenance award may mean having to reimburse the other spouse for payments.

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 Posted on April 01, 2018 in Divorce

Domestic violence is a very serious concern, and those who are victims of domestic violence need to take steps to protect themselves immediately. One such step is requesting an order of protection; another is to file for a divorce simultaneously.

At the law offices of Fay & Farrow, our Naperville family law attorneys can help you to understand how an order of protection and petition for divorce may be sought at the same time, and what steps you need to take to keep yourself safe.

What Is an Order of Protection?

An order of protection is a legally-binding court order that is issued by a judge, and that tells an abusive party to stop harming or threatening you or other members of your household. There are three types of protection orders in Illinois:

• Emergency order of protection – An emergency order of protection, also called an ex parte order, is an order that is issued without a hearing due to the threat of harm that the petitioner is suffering. Emergency orders are temporary.

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 Posted on April 01, 2018 in Divorce

Getting a divorce in Illinois is an emotional experience that can have a profound effect on all parties involved, including of course the divorcing couple and any children that they may have together. While some parents are able to work peacefully together to determine what a time-sharing agreement will look like when the divorce is finalized, others are not, and reaching a custody decision may prove very difficult and contentious. In many cases, a guardian ad litem will be brought in – here’s what you need to know:

What Is a Guardian Ad Litem?

Also referred to simply as a GAL, a guardian ad litem is an attorney who is responsible for representing parties’ children in a divorce. Essentially, the job of the GAL is to find out as much as possible about the child’s living situation and the child’s best interests, and then make a recommendation to the court about parenting time and decision-making based on investigations. Again, the GAL is responsible for representing the child, and does not work for either parent. The biggest difference between a GAL and a child representative is that the former can be called as a witness to provide testimony.

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 Posted on March 01, 2018 in Property Division

One of the greatest challenges of getting a divorce is unraveling the years’ worth of property entanglement that has occurred by virtue of marriage. Indeed, it can be impossible to know who owns what, as in the majority of cases, both parties have invested in or contributed to the purchase of nearly all assets in a marriage. Which leads to the question: How does property division work in a divorce? Here’s what you need to know about property division laws in Illinois:

Illinois is an Equitable Division State that Recognizes Marital Property

Unlike community property states that require that property in a divorce is divided equally–which means a 50/50 split–Illinois is an equitable division state, which means that all property must be divided in a manner that is equitable, or fair, but not necessarily equal.

Further, the state also recognizes the concept of marital property, which refers to all property that was acquired during the course of the marriage. Separate property, on the other hand, is that property that was acquired before the marriage, or was acquired during the marriage in a specific manner, such as gift or inheritance. All marital property is subject to equitable division in a divorce.

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 Posted on March 01, 2018 in Divorce

For many people, having a pet, such as a dog or a cat, is not equivalent with just having another asset that is to be divided at the time of separation or divorce; instead, the relationship with a pet more closely resembles that with a child or close family member, and therefore losing custody of a pet can be a very emotional experience.

For those who are divorcing and who have a close relationship with their pet, asking for pet visitation may be an option. Here’s a look into what you need to know regarding getting visitation with your pet during an Illinois divorce:

Recent Change to Illinois Law Allows for Pet Custody Decision

Prior to 2018, pets in an Illinois divorce case were treated like property and divided per the state’s equitable distribution laws as such. Following a law that went into effect in January 2018, however, family courts in Illinois can now consider the wellbeing of animals (similar to how the best interests of the child are weighed) in allocating sole or joint ownership/custody, as explained by an article in the Chicago Tribune. As a note, the new law excludes service animals, who will be awarded to the party who requires service.

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 Posted on March 01, 2018 in Divorce

There is no disagreement about the fact the divorces can be complicated as well as financially and emotionally complex. However, not all divorces have to be messy and contentious; there are many things that you can do to mitigate battles and avoid catastrophe. Here are five ways to avoid a complicated divorce in Illinois—

1. Don’t Take Advice from Unqualified Individuals

If you’re going through a divorce, chances are you’ve told your closest family members and friends about the divorce and may have even shared the news with other parties, ranging from your neighbors to your hairstylist and more. While these parties may all want to provide you with advice–and have good intentions in doing so–remember that these individuals are not qualified to represent you during a divorce and may not have the education or skill set to provide you with sound suggestions. Essentially, don’t act on the advice of someone unqualified.

2. Watch Out for the Power of Emotions

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