Posted on July 05, 2016 in Divorce

If you are seeking a divorce in Illinois, you may have questions about who is responsible for paying attorney’s fees. Many people believe that it is only fair that the party whose actions led to the divorce, or who first filed for divorce, should be responsible for the attorney’s fees.

This is not always the case though. Ultimately, the decision about attorney’s fees is often left to the court's discretion. However, your divorce lawyer can certainly request that the judge assign the attorney’s fees - entirely or in part - to your spouse.

Factors the Court May Consider in Assigning Fees

While the court is not going to consider fault in terms of deciding the payment of attorney’s fees, the judge may take into consideration each spouse's income and means, as stated in 750 ILCS 5/508. For instance, if one spouse was primarily a stay-at-home parent and the other earned the majority of the income, the court may find that each party should pay a percentage of the attorney’s fees in relation to their proportion of income.

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 Posted on June 30, 2016 in Alimony/Spousal Support

Divorce is often a hardship that weighs heavily on nearly every aspect of an individual’s life. It can be emotionally and physically taxing, but it can also be financially damaging. Too many times does a couple stay together because it is economically easier. Both are used to a certain standard of living and feels as though they would not be able to support themselves if they went out on their own. One solution is to apply for spousal support.

What Is Spousal Support?

Spousal support, also known as spousal maintenance or alimony, is a payment that is made by one spouse to another after a divorce or separation. While spousal support is not always necessary, its main purpose it to help offset effects of divorce and to ensure that neither individual is left in poverty due to the divorce. Typically, this payment is calculated in order to assist both parties in the divorce maintain a similar standard of living after a divorce is final as was enjoyed during the marriage.

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 Posted on June 28, 2016 in Child Custody

Illinois is one state that allows grandparents and other close family members to petition the court for visits when the parent or guardian is not permitting access to the child. While grandparent visitation is considered a privilege and not a right in Illinois, your family law attorney can help you seek contact with your grandchildren.

What Is Grandparent Visitation?

Any parent - if deemed a fit parent by the court - is given substantial deference to his or her wishes regarding contact between their child and other family members, including grandparents, great-grandparents, aunts and uncles, and even adult siblings. For this reason, many grandparents attempt to set up regular visits with their grandchildren by working with the child's parent.

Unfortunately, these informal agreements are often not honored, or are stopped and started at the convenience or whim of the parent, and not necessarily with the child's best interest in mind.

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 Posted on June 24, 2016 in Paternity

Paternity is defined as the legal relationship between a father and his children, and the rights and responsibilities that come along with that relationship. Fathers who are or were married to the mother of their child do not typically need to establish paternity, since the legal presumption is that a mother's husband or ex-husband (within a biologically appropriate time-frame) is the father.

Unmarried fathers, however, must proactively establish their paternity - or the mother may seek to do so. Unless both parents agree on who is the child's father and are willing to submit a signed acknowledgment, it is likely you will need to establish paternity in court. If you are a parent seeking to have the paternity of your child established for legal reasons, an experienced paternity lawyer in Illinois can help. Our firm's paternity attorneys have experience representing both mothers and fathers in paternity cases.

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 Posted on June 21, 2016 in Prenuptial and Postnuptial Agreements

By now, you may have heard that actress Amber Heard is filing for divorce from actor Johnny Depp after just 18 months of marriage. Divorce filings are so common in Hollywood that, often, these cases barely warrant a mention, but one twist in this case is worth pointing out: the couple apparently did not have a prenuptial agreement.

That might not be a big deal if the couple had similar net worths, but in this case, Depp is estimated to be worth $400 million, while Heard’s net worth is thought to be around $9 million. Under California law, Heard is unlikely to wind up with hundreds of millions of dollars from the divorce settlement, but she could be entitled to a good amount of money that Depp made during the period they were married. Conceivably, she could receive tens of millions of dollars just for being married to Depp for less than two years. If nothing else, it shows the importance for high-net worth individuals of getting a prenuptial agreement before walking down the aisle.

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 Posted on June 16, 2016 in Child Support

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) section on child support is deceptively simple. A parent without the majority of parental responsibilities must pay at least 20 percent of their net income toward the support of one child. That amount increases up to a maximum of 50 percent of net income if six or more children are involved.

In many cases, “net income” can simply be calculated based on how much someone makes from their job. However, the income that someone makes from their employment is not always an accurate reflection of how much they are actually earningg, and, in some situations, parents go to great lengths to hide and manipulate their income to avoid paying more in child support. Illinois courts frown on these tactics.

In Re Marriage of Rogers and Money from Family Members

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 Posted on June 14, 2016 in Divorce

In many cases, the most difficult part of a divorce case is not comprised of the trips to court, splitting assets, or determining child custody. Often, these issues can be resolved relatively amicably, either through negotiation or mediation. For many people, the most difficult part about divorce is just telling your spouse that your marriage is over. You may have been having issues for quite some time and be trying to resolve them through therapy, or it could just be that on your own you feel yourself drifting away from your spouse. So how do you go about saying that you want a divorce?

Be Direct and Honest

There are several things to keep in mind when telling your spouse that you want to get divorced. The first thing to remember is that honesty is the best policy. Sit down with your spouse and tell them directly that you want to end your marriage. They may be angry or upset. If you two have been having issues for awhile, they may be somewhat understanding.

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 Posted on June 09, 2016 in Asset Division

How property is split in an Illinois divorce case may sound relatively simple initially. Anything that you come into the marriage with and keep separate is non-marital property that you get to keep after a divorce. Anything that is commingled with your spouse or that you and your spouse purchase together is marital property that you will have to negotiate how to split, or follow the decision of the court.

There are, however, always complications to rather simple laws. One of the more confusing areas of Illinois divorce law involves revocable trusts.

What Is a Revocable Trust?

Often used for estate planning or tax benefits, revocable trusts (also known as living trusts), are created when someone in possession of property (the grantor) puts the asset in the possession of a trust, which is managed by a trustee, to hold it for a third-party (the beneficiary). Trusts are often used to transfer inheritances without going through probate court. Both cash and tangible property such as real estate or vehicles can be held in a revocable trust.

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 Posted on June 07, 2016 in Divorce

When a court awards spousal maintenance or child support, the judge will look at the income and assets of each party. This is often a fairly routine matter, but in some cases--particularly divorces where a large number of assets are involved--spouses unfortunately attempt to hide what they have or transfer property to reduce their future maintenance or support payments.

While uncommon, it is important to understand how spouses attempt to avoid these obligations and what you can do to ensure assets are accurately counted before a court enters a judgment.

Dissipating Marital Assets in Illinois

One issue that pops up in cases where spouses are attempting to avoid judgments is the dissipation of assets. Dissipation is any use of marital property, such as joint checking accounts or credit cards, for personal benefit rather than for the benefit of the marriage. This might include a spouse purchasing a personal vehicle or renting an apartment on his or her own. Dissipation claims get more complicated if a spouse purchases something that may be used for both parties, such as furniture or a vehicle that the couple uses together. But if you can show that your spouse was spending money just for the purpose of keeping it out of a divorce case, you will have a strong case for dissipation.

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 Posted on May 26, 2016 in Divorce

Prior to 2016, there were several reasons that someone could cite in filing for divorce. Adultery, physical abuse, and mental cruelty, among others, were all grounds for divorce. However, after looking at divorce statistics in the state of Illinois over the course of several years, the Illinois legislature found that the vast majority of couples sought divorce on the basis of irreconcilable differences. So, as part of the sweeping changes to the Illinois Marriage and Dissolution of Marriage Act that went into effect earlier this year, irreconcilable differences are now the only permissible grounds for divorce in the state.

Irreconcilable Differences and a Faster Turnaround for Illinois Divorces

As a practical matter, the switch to irreconcilable differences as the sole grounds for divorce has little effect on how divorces are handled. Illinois has long been a “no-fault” divorce state, meaning that even if a wife alleged adultery against her husband, it did not entitle her to more property or spousal support under the law. If anything, only recognizing irreconcilable differences as grounds for divorce now streamlines the process.

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