Posted on August 24, 2017 in Alimony/Spousal Support

In most cases, spousal maintenance is used as  a tool to help newly divorced people adapt from a two-income household to two single-income households. Eventually, maintenance ceases, usually after a financial goal or time limit is reached - however, in Illinois and a handful of other states, it can end earlier. Cohabitating after your divorce is final, in particular, can have unintended consequences.

A "Substantial Change in Circumstances"

Generally in Illinois, maintenance is ordered by the family court or agreed upon between the spouses. It will be granted to the spouse the court deems to be in the most need of it, based on a number of factors. Some of the most important include:

• Income and debt levels of both spouses;
• Current financial need (at the time of the divorce) and future earning capacity;

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 Posted on August 21, 2017 in Paternity

Not everyone who wants to have children can conceive naturally. If you are in this position, you may consider adoption, or you may consider surrogacy or sperm donation. However, if you decide to use a surrogate parent, you should be aware that both sperm donors and surrogate mothers have rights which could present issues if you do not reach agreements with them before the child’s birth.

Sperm Donors

Under the Illinois Parentage Act, a sperm donor in Illinois retains no rights or responsibilities to any child born of their genetic material if, and only if, the donation is given directly to a licensed physician. In other words, most unknown sperm donors fit this bill, as most sperm banks handle their materials via licensed physicians.

There are far more issues with known donors. Agreements signed between private individuals, such as those intended to waive parental rights, are not often enforceable. The rationale is that too many variables exist in such agreements with too many opportunities for misinterpretation. These flaws render many of these contracts void. The parental rights of an intended donor also must be terminated in accordance with the Illinois Juvenile Court Act of 1987. In short, if either procedure is not followed, there is a possibility that the sperm donor could retain some parental rights.

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 Posted on August 17, 2017 in Child Custody

In Illinois, it is very unusual for a family court to deny visitation to a parent entirely, even if that parent has legal problems. The presumption that having both parents in a child’s life is accorded a place of paramount importance by family court judges, and as such, it is becoming more and more common for visitation schedules to be worked out with incarcerated parents. While it is possible for your parenting time rights to be denied or terminated if you are incarcerated, it is also common to still be awarded at least some time with your children.

If You Are Incarcerated During Divorce

One of the most important things to be aware of is that if you are incarcerated before your divorce, your spouse automatically gains primary responsibility for your children unless there is a pressing reason not to follow this pattern. In other words, Illinois courts recognize a rebuttable presumption that an incarcerated parent will not be the more fit of the two. If you are able to demonstrate why your spouse should not necessarily have the majority of the parenting time, you may be able to obtain shared parental responsibilities but you must show that you can make decisions for your child.

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 Posted on August 14, 2017 in Divorce

During a divorce, one of the most hotly-contested issues is often one spouse’s (or both spouse’s) Social Security benefits, either for disability or retirement. Federal law allows a divorced spouse, in some instances, to receive retirement benefits based on their ex-spouse’s work record, assuming it would pay greater dividends than their own. If you are in a position where you believe you are entitled to such income, it can generally be obtained with sufficient proof.

Criteria for Retirement Benefits

The Social Security Administration (SSA) provides specific criteria, all of which must be met, in order for a divorced person to collect retirement benefits based on his or her former spouse’s work record. The criteria are:

• You must be currently unmarried;
• You must be age 62 or older;

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 Posted on August 07, 2017 in Divorce

Sometimes, a marriage will simply not work out, no matter how hard the spouses try. However, if your soon-to-be ex-spouse is a foreign national, rather than a U.S. citizen, a divorce may have immigration consequences for him or her, which can, in turn, cause difficulties for you for considerations like child support and parenting time. Being aware of the potential issues before going ahead with the proceedings can help smooth things over between the two of you and work out any potential problems.

If Your Spouse Has a Green Card

Most of the time, if your ex-spouse has already applied for and received permanent resident status card—commonly referred to as a “green card”—he or she will be relatively safe from deportation, assuming he or she does not commit a serious crime. Permanent residents are just that, and cannot generally be deported unless there is crime involved. This is one of the major concerns that permanent residency alleviates by law. While a permanent resident will not be deported after divorce, they should, however, be aware that it can restart the clock in terms of how long they will have to wait in terms of applying for citizenship. A green card holder who is married to a U.S. citizen must wait about half as long as one who is not to apply for U.S. citizenship. However, since your spouse will be permitted to remain in the U.S. in most cases, your divorce should be able to proceed as normal.

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 Posted on August 03, 2017 in Child Custody

As one might expect, the allocation of parental responsibilities—the new name for "child custody" in Illinois—is the most hotly contested topic in many divorces. In recent years, changes have been to the laws regarding such proceedings that were aimed at giving divorced parents more time with their children, if they are in a position to take it. The amended laws created what is referred to as the right of first refusal, and there are some common misconceptions, but is generally seen as a help to most parents.

Know Your Rights

The right of first refusal may be included in a divorce decree itself, or it may be part of a parenting agreement worked out between the parties on their own. The right does not have to be granted to either parent, or it may be granted to both parents if the circumstances are appropriate. A court will take several factors into account when deciding whether or not to grant such a right, including:

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 Posted on August 01, 2017 in Family Law

Travel sites estimate that approximately 20 percent of all U.S. marriages involve destination weddings. They can be an extremely attractive option for many couples, especially if the climate in your hometown is not ideal for the wedding you imagine. However, there can be legal pitfalls if you do not properly research the law in your chosen destination. Symbolic ceremonies are common, but if you plan for your marriage ceremony to be binding and it is not, problems could develop down the road.

What Is Required?

While the specifics will obviously depend on the country in question, many countries require documents which prove that both parties have the ability and the agency to marry. For example, officials may ask for your passport, birth certificate, and a copy of any relevant divorce decree from a previous relationship. It is also possible that they will ask for an Affidavit of Eligibility to Marry or an affidavit of single status. While there is no universally accepted form for this, many consulates do have their own, so it is important to plan ahead.

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 Posted on July 30, 2017 in Child Custody

Many parents have taken steps to provide for their children in the event of their passing. However, it is far less common to have a plan for cases of incapacitation or inability to provide, and this fact can cause significant issues down the road. When a parent becomes incapacitated or unable to take care of their children, things are in flux, and as such, it can be hard to determine what course is truly in the best interest of the child.

Temporarily Assigning Parental Rights

Some cases of parental incapacity are permanent, and some are temporary. If you sustain a physical injury that renders you bedridden, for example, you may be unable to take care of your children until you recover. If you encounter a reason why you are unable to adequately take care of your children, but you either know or believe that inability will not be permanent, it is possible to convey parental rights to another person for a limited time, which qualifies as a guardianship under Illinois law. The state will assume that parental rights default to your child’s other parent, in most cases, unless you specify to the contrary.

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 Posted on July 26, 2017 in Child Support

Child and spousal support are a part of life for many Illinois residents. Hever, even if the agreement to provide one or both was signed in good faith at the time of a divorce, things change. Child support and spousal support payments may both be modified if you are able to show a substantial change in your circumstances, and while this may seem vague or confusing, the law is fairly clear as to the procedure that must be followed.

Why Is a Substantial Change Required?

For your child support payments to change, your income or living situation must change to the point where the current amount is no longer appropriate. For example, if you had formerly agreed—or been ordred—to pay $200 per month, but then took a substantial pay cut, it could be appropriate to lower your support payments since your income is correspondingly less. To keep payments high when you may no longer be able to afford them is inequitable at best, and at worst, can be devastating to the standard of living for the paying parent.

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 Posted on July 24, 2017 in Asset Division

Most of the time, when a spouse brings property into a marriage, it will remain non-marital property, especially if the title is in his or her name only. However, there are occasions when such assets will become marital property—usually because the chain of ownership becomes muddled either accidentally or deliberately. It is always a good idea to be aware of these considerations in divorce law, lest you lose an asset that you wish to retain.

How Is Property Classified?

Dividing property can be very easy, or it can be so complex that expert opinions may be required. If you bring very little property into your marriage, there will be very little individual, or non-marital, property that is exempt from asset division. Conversely, if you have been married previously, or have significant assets otherwise, you may have substantial non-marital assets that you wish to keep separate from the estate of your current marriage.

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