Continuing Your (Spouse's) Health Insurance After Divorce

 Posted on July 21, 2015 in Divorce

With the recent Supreme Court decision upholding vital components of the president’s Affordable Care Act, it is timely to review how health insurance coverage factors into divorces.

The Illinois Spousal Continuation Law is the state statute designed to protect a spouse and dependent children who lose group health insurance coverage due to death or retirement of the employee, or divorce from the employee, through whom they received coverage (i.e. the other spouse). It applies to Illinois group insurance and accident health plans offered to employees regardless of the size and to fully insured Illinois HMOs. It, however, does not apply to those who are self-insured employers or are part of self-insured health and welfare benefit plans (i.e. union plans). The Act is triggered when the individual holding the insurance divorces his/her partner, but the partner and dependent children were covered by the insurance plan prior to the petition for a divorce being filed.

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Child Support and Remarriage

 Posted on July 16, 2015 in Child Support

Divorce is the last thing a newlywed couple wants to consider in regards to their future. Yet sadly, not every couple remains happy throughout the course of their marriage. Marriages can result in separation, divorce, and eventually remarriage. While current statistics indicate that the remarriage rate has decreased 40 percent over the past 20 years, there are individuals who continue to embrace the opportunity to remarry. And surprisingly, when divorcees remarry, the new spouse may be required to contribute to child support payments.

Traditionally, new spouses were not considered when calculating child support payments because stepparents do not have a legal obligation to support their stepchildren. However, the law on this issue progressed with the Illinois Appellate Court decision. In the Marriage of Drysch, it was decided that "a trial court may equitably consider the income of a parent's current spouse in determining an appropriate award of child support."

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Property Division: Man Saws Belongings in Half Pending Divorce

 Posted on July 14, 2015 in Divorce

After receiving the order from the court that all property was to be divided in half as part of the divorce, a German man literally cut all of his property in half – from the car, to his phone, to a teddy bear.

Division of Property in Illinois

The misconception in most cases is that divorces will result in the marital property being divided in half, as in the case of the German story. This, however, is not the case in Illinois. Illinois is known as an equitable distribution state. This means in a divorce case, if the parties cannot come to an agreement on the allocation of the marital property, the court will look to divide up the assets based on what is fair under the circumstances of that particular divorce. The following are some but not all of the factors a court may look into:

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Relocating after Divorce

 Posted on July 09, 2015 in Child Custody

Moving after a divorce is a common practice. Often it happens before the divorce is complete. There are almost no restrictions on where a divorced party can move so long as they meet their agreed upon obligations. The primary time relocation can be tricky is when children are involved.

Relocation Involving Child Custody

It is not uncommon for divorced parents to live near each other, but at the end of the day power or decision of relocating the children lies with the custodial parent. The custodial parent is the parent the children live with primarily. Under Illinois law, the custodial parent has the right to move children after a divorce so long as any stipulations, agreements, or restrictions agreed to in the custody agreement are honored and maintained. Furthermore, despite having the right to relocate, the noncustodial parent still should be notified in advance so they may have the opportunity to object if they so desire. Advanced notice is especially critical for parents looking to relocate out of state, because there are then additional steps that may take place if the noncustodial parent wants to stop the move.

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Contested Divorce – Two-Part Process

 Posted on July 07, 2015 in Divorce

When you think of how divorce is portrayed publicly, you may imagine bitter fights between two people who no longer can stand each other. There are many kinds of divorces, and this particular type is called a contested divorce.

Every state has different requirements for what entails a contested divorce, but it typically describes a situation when two people want to get divorced but do not agree to the terms. Under Illinois law, however, the following situations are considered contested divorces:

• When one party is contesting the very attempt to divorce (i.e. one wants the divorce and the other does not);
• When there is a disagreement over custody and a child’s living arrangement;

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Upholding the Rights of Children

 Posted on June 25, 2015 in Child Custody

Many times, children are the central point of arguments in any family or divorce proceedings. Often, little attention is paid, however, to the rights of children themselves. Parents frequently overlook these rights, instead focusing on their own concerns.

It is important that children are adequately and fairly represented to ensure their best interests are kept in mind. And, in the legal world, there are multiple legal personnel equipped to represent the interests of the children. There can be confusion as to the different options and the names are often used interchangeably, but there are three main options available under Illinois law: guardian ad litem, child representative, and attorney for child.

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Requirements for Uncontested Divorce in Illinois

 Posted on June 23, 2015 in Divorce

Uncontested divorce is one of the most popular options for spouses who choose to separate. It does not carry the extreme simplicity and ease in division of assets as a joint simplified dissolution of marriage, but it is simpler than a contested divorce.

The Illinois Marriage and Dissolution of Marriage Act provides for a number of options for ending your marriage. One of these is known as an uncontested divorce. An uncontested divorce simply means that you and your divorcing partner agree to all aspects of the marriage dissolution. In order to petition for a simple uncontested divorce, you must meet all of the following:

• You have not filed for divorce in another state;

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Joint Simplified Dissolution of Marriage

 Posted on June 18, 2015 in Divorce

Illinois, like many other states, offers different types of divorce option. State law has built-in divorce processes that encourage efficient divorces in an effort to promote the possibility of an amicable divorce.

The Illinois Marriage and Dissolution of Marriage Act allows for a process known as a joint simplified dissolution of marriage. It is an expedited form of divorce for those couples who have limited legal issues to contest or work out. In order to qualify for a joint simplified divorce, both you and your spouse must meet the following qualifications:

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DuPage County – One of the Best in the Country

 Posted on June 16, 2015 in Divorce

A recent study by Harvard economists found that DuPage County, Illinois is one of the best in the country, especially for allowing families move up the income ladder.

The Equality of Opportunity Project at Harvard studies economic opportunities for low-income children. It is becoming an increasing reality in the United States that income status at birth has a significant impact on the success of a child and their ability to improve their lives. In many counties, there is little to no income mobility, which means they are not the ideal environments to raise a family. The study found, however, that DuPage County was the opposite.

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Visitation Rights for Grandparents

 Posted on June 11, 2015 in Child Custody

Spending time with your grandchildren is a loving and enjoyable experience. It benefits both the grandparents and the child. Studies have found that spending time with your grandchildren increases brain activity/memory and helps keep disease like Alzheimer's at bay. However, many grandparents lose out on time with their grandchildren when a family suffers a divorce. It can become an emotional battle when vying for visitation rights on behalf of not only a parent, but a grandparent as well.

Unfortunately, in Illinois there is no guarantee of visitation rights for grandparents, also known as grandparents’ rights. In fact, it is not considered a right under state law, but rather a privilege. This is, in part, due to the fact the Illinois Supreme Court twice held the statute granting grandparents’ visitation rights as unconstitutional.

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