Posted on July 22, 2016 in Divorce

For many couples, dividing assets after a divorce is one of the most troublesome aspects of a separation. Matters such as retirement accounts, property division, and hidden assets can all arise as spouses begin to address and uncover the financial hurdles before them. It is only natural to be concerned about the money you have saved, the debts you have accumulated, the property you have acquired, and how your impending divorce will affect those areas.

The Distribution of Property and Debts Under Illinois Law

There are numerous laws that govern the division of assets when it comes to divorce. In general, Illinois law considers all property, including debts and other obligations, to be “marital property.” There are certain exceptions under this law, but nearly everything that was acquired by either spouse during the marriage is typically considered joint property.

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 Posted on June 22, 2016 in Divorce

Divorce, like the loss of a loved one, can be very difficult to cope with, especially for any children involved. Specialists say that it is important for parents to understand that all children handle divorce differently. Some may be more accepting of the separation while others may have trouble coping with their parents splitting.

Age and maturity level can both impact how a child copes with divorce. Younger children, on one hand, may not fully understand what divorce means, or have a full awareness of the situation, and may not experience as wide a range of emotions. Teenagers, on the other hand, may be fully aware of the situation and may struggle, especially with the Anger or Depression stages of loss. Additionally, parents should keep in mind that siblings may handle divorce differently. Each child’s perspectives, personality, and experiences will impact how they handle their parents' divorce.

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 Posted on June 13, 2016 in Child Support

By Amanda Oliver

Right of first refusal clauses are often times found within Allocation Judgments (formerly Custody Judgments) and are useful when properly drafted and applied for their intended purposes.   However,  too often litigants view the right of first refusal as a tool to control or even keep tabs on the other parent.

Right of first refusal options are simply intended to prevent a parent party from leaving the child (ren) either unaccompanied or with someone other than the other parent for certain lengths of time during their regularly scheduled parenting time.  The situation could arise when that parent is either unable or unwilling to personally care for the children during his or her time.  It allows the parent whose time it would not regularly be to elect to care for the children when such a circumstance should arise.

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 Posted on May 20, 2016 in Parentage

Divorcing parents have much to arrange when it comes times to handling the dissolution of marriage. Everything from parenting time (visitation) and the allocation of parental responsibilities (child custody) need to be addressed. All of these aspects of divorce are important for the well-being of your child and are crucial in protecting the best interests of your entire family. For unwed parents or parents facing special circumstances during a time of separation, the issue of paternity arises, presenting them with some important decisions to make.

Establishing Paternity

Paternity is typically established in one of two ways: Through the judicial court process or the Child Support Services administrative process. An interview is conducted and both the mother and the alleged father are contacted via telephone, by mail, or in person to discuss the circumstances that surround the relationship and its ties to the child they share. The alleged father may either voluntarily acknowledge paternity or be asked to submit to genetic testing to determine paternity of the child. Should the alleged father not attend the interview, Child Support Services will, by default, declare him to be the legal father.

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 Posted on April 21, 2016 in Mediation

If you are readying yourself to file for divorce, you have likely heard the term mediation at least once during the time you have begun acquainting yourself with the divorce process. Mediation serves a number of purposes when you file for divorce, but its primary role is to provide an alternative platform for dispute resolution between you and your ex-spouse.

Mediation is relatively quick, always confidential, and is voluntary. A judge may order you to attend mediation, but all potential resolutions discussed must be agreed upon mutually, by both parties. Mediation’s biggest appeal is that it is proven to work.

The Illinois Department of Human Rights (IDHR) Mediation Unit reports that they have over an 80 percent resolution rate for all conferences held. If you are considering mediation as you enter a divorce, you are not alone, and you have a very good chance at achieving some common ground with your spouse should you decide to try it out.

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 Posted on April 12, 2016 in Legal Questions

By Maxine Weiss Kunz

There is a lot of information online. Now, there are even legal forms on the Internet. Some of these forms are free, and some of these forms are pay per click types. Regardless of cost, is it safe or wise for legal consumers to use these forms?

Most DIY (do it yourself) forms are highly generic. They often hold the least amount of required legalese to pass as a qualified form. Depending on the need you are trying to fit, that may be okay for you. However, any lawyer will tell you that the final document should still be reviewed by a professional in the field specific to your legal matter.

The Pros

Forms can be a good jumping off place for gathering information, even if you ultimately use an attorney. Filling out a legal form in advance of meeting with an attorney could save you time and therefore money. It could help you understand other documents you need to locate and review to complete your matter. Some forms are so generic they are useless in practice as more detailed below.

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 Posted on January 12, 2016 in Divorce

By Maxine Weiss Kunz

Is an uncontested divorce something you and your husband or wife can agree upon? Do you and your wife or husband agree that your marriage is broken? Do you and your spouse agree on how to divide your estate? Do you and your partner agree on how to divide all assets and debts? Do you and the parent of your child agree on how to raise your child(ren)? If yes, then uncontested divorce will save you a lot of stress, and a lot of time and money.

An uncontested divorce or an uncontested legal separation is an option when you and your partner/spouse/other parent agree on all terms that would otherwise be decided upon if you had to take these issues to a judge. Some examples of areas to agree upon in order to be considered uncontested are as follows:

• Time each parent will spend with a child or children;

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 Posted on December 16, 2015 in Family Law

By Amanda Oliver

You are likely familiar with the old saying that “timing is everything.”  Well, in family law, like in life, that is often times true.  Decisions such as when to hire an attorney or when to file your motion can mean a sizable difference in the outcome of your case.

A great example of “timing is everything” is in the case of a “bad order.”  Often times people will be unhappy with a ruling that a Judge made in their case, but will fail to take measures to remedy it in a timely manner.  In most circumstances, a party has thirty (30) days to file a Motion to Reconsider a Court Order or a Motion to Vacate an Order that they believe was improperly reached.  Unfortunately, most parties are unfamiliar with that rule, and can get into a troublesome situation if they wait until the expiration of that thirty (30) day period before either contacting an attorney or filing the proper motion pro se.  (Note:  It is not enough to contact an attorney prior to the expiration of the thirty (30) day period.  The statute requires that the Motion be timely filed.)

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 Posted on December 03, 2015 in Divorce

By Maxine Weiss Kunz

Many people going through a divorce wonder how they will obtain health insurance if they have been covered by their spouse during the marriage. One option is to “COBRA” off the health insurance of your soon to be former spouse.

COBRA stands for Consolidated Omnibus Budget Reconciliation Act which requires group health plans to provide a temporary continuation of group health coverage in certain situations, including divorce or legal separation. Divorce or legal separation are considered a “qualified event” which would trigger your right to COBRA. COBRA coverage can also cover dependents (your children).

There is a time limit for electing COBRA coverage. If you are eligible for COBRA insurance, you must elect within 60 days of the qualifying event (i.e., your date of divorce). Some Plans will give you less than 60 days but all Plans must give you at least 60 days to determine if you will elect COBRA coverage.

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 Posted on November 12, 2015 in Child Support

By Amanda Oliver

Often times parents consider there to be an inherent “unfairness” in the fact that they are obligated to pay a portion of their child(ren)’s college education expenses when they are subject to a dissolution or paternity action, when they would not have otherwise been required to do so.

This position has been argued for years, but the result remains the same; according to 750 ILCS 5/513, “the court may award sums of money out of the property and income of either or both parties or the estate of a deceased parent, as equity may require, for the support of the child or children of the parties who have attained majority in the following instances: (2) the court may also make provision for the educational expenses of the child or children of the parties, whether of minor or majority age, and an application for educational expenses may be made before or after the child has attained majority, or after the death of either party.”

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