Illinois Family Law Blog

How Courts Determine Decision-Making Responsibility

marriage argument_child custody lawyers

After considering all of the factors that are outlined under Illinois law, judges will allocate the decision-making responsibilities to one or both parents. If one parent is awarded the responsibility to make the major decisions about the care and upbringing of the child, that parent will not have to consult with the other parent before making a decision. If the responsibility is allocated to both parents, they will need to consult with each other when they make decisions about the child's care and upbringing. Child custody lawyers may present … [Read more]

Preparing for the Financial Impact of Divorce

x marks on a couple's hands, divorce

Preparing for the financial impact of divorce is the best way to ensure the ripples of the rift don't sink an individual's plans. Planning and preparing should begin as soon as the decision to divorce is made. Know the Balances Individuals should compile an accurate accounting of credit card balances, secured loans, unsecured loans, investment accounts, retirement accounts, and future Social Security benefits. Whenever possible, these records should include a detailed accounting of what the expenses were for, who incurred the expense, or who … [Read more]

Divorce is Nobody’s Fault in Illinois

a scissor cutting marriage certificate, divorce

As of 2016, the only legal basis for divorce that is recognized by Illinois is "irreconcilable differences". The days of having to prove that the other spouse is guilty of adultery, extreme or repeated mental or physical cruelty or any of the other eight previously recognized grounds for divorce in the state are over. Although Illinois has been a "no fault' divorce state for quite some time, some divorces were based upon the "fault" of one or both spouses. Since the grounds for divorce had no impact on the outcome of these cases, however, and … [Read more]

Helping Children Prepare for Divorce

A back view of a depressed kid, divorce

Children will react differently to divorce depending on a number of factors. These include age, education level, and whether the divorce is contested or amicable. When it comes to preparing children for divorce in Illinois, the following are some guidelines that can help make the process easier for them. Young Children (0 to 5-Years Old) Babies don't need much explanation as they do not have the mental ability to process the events of divorce. However, preschoolers will need limited explanation. They are beginning to develop an understanding … [Read more]

How Does a Disabled Child Impact Child Support?

A boy has a handicap on his leg, child support

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), when a child is physically or mentally disabled and unable to financially support himself/ herself after age 18, courts can order parents to provide financial support. Child support lawyers can explain the impact of a disabled child on child support payments. Illinois Child Support Laws In Illinois, parents, married or divorced, have a legal obligation to provide financial support for their children until they reach the age of majority, which is 18, or 19 if the child is … [Read more]

Imputing Income For Child Support Calculations in Illinois

A back view of two kids, Child Support

In some child support matters in Illinois, the non-custodial parent will be unemployed, but the court will still impute income to him or her when making its child support orders. Imputing income involves a determination of how much the person should be making if he or she was employed full time. Parents do not get out of making child support payments simply by quitting their jobs. Illinois child support lawyers sometimes have cases involving absent parents who refuse to work because they believe that they will not be ordered to pay … [Read more]

Temporary Restraining Orders During Divorce

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During a divorce case, temporary relief can provide assistance for families while temporary restraining orders can be used to protect family members and their financial assets or property. Keeping family members and their property safe during divorce proceedings is a top priority. Filing for temporary relief provides temporary support and financial assistance for children of the marriage. In Illinois, couples may also request for a temporary restraining order to be placed on their spouse. Different than “orders of protection,” temporary … [Read more]

When to Notify Your Ex About Pending Relocation

parents fighting in the background with upset child

Changes to the Illinois Dissolution of Marriage Act have made it easier to relocate children across state lines. This makes it easier for parents seeking to move short distances from the child's current home, even if that move is out-of-state. Under the previous law, parents could relocate anywhere in Illinois without seeking court permission so long as the move did not take the child to any neighboring state. … [Read more]

Understand a Prenuptial Agreement Before You Sign

understand a prenuptial agreement infograph

Before signing an Illinois prenuptial agreement, it's essential to know the issues a prenuptial agreement covers and how courts determine whether or not to enforce it upon divorce. Creating a prenuptial agreement through a Chicago divorce lawyer allows a couple to decide what each person gets if divorce occurs, rather than leaving it up to a judge. (Article continues below infographic.) Why Get a Prenuptial Agreement? A prenuptial agreement, an agreement between potential spouses, is made before marriage and goes into effect when … [Read more]

Illinois Strengthens Rules Involving Support For Adult Children

boy jumping in the lake off dock

Following changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), debate rages about the responsibility of parents to contribute to a child's college education. Without child support lawyers during a college support hearing, unrepresented parents may pay a far greater share of the college expenses, or fail to win legally binding support for the child altogether. … [Read more]