Our Blogs

All you Need to Know about 2017 Child Support Law

Governor of Illinois, Bruce Rauner, signed the Public Act 99-0764 into law on August 12, 2016. It changed the way child support is calculated by Illinois family courts. This new law has been put into effect as of July 1, 2017 after which two sections of the IMDMA have been modified, i.e., 750 ILCS 5/510 and 750 ILCS 5/505. Why Were Changes to Illinois Child Support Law Made? For the past 30 years, the percentage model had been used for child support determinations. However, the limitation of that model is it only takes into account the supporti...

Why High Net Worth Divorces Are More Complex

When substantial marital estate is involved, the division of property and divorce process becomes more contentious and complicated, with disputes arising at every single point. It is common for individuals having high value to have significant marital estates, which may include business interests, real estate holding, investments, complex trusts, international assets, and retirement accounts. These high net worth assets can make divorce proceedings highly complex, making property division challenging for everyone involved. Illinois is an equita...

Factors Influencing the Parenting Time Schedule

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), divorcing parents are required to work on a parenting plan where both parties have to mutually agree on all of its aspects. Generally, a parenting plan comprises of a schedule for parenting time (formerly known as visitation), among other things, for taking care of children. The IMDMA statute, 750 ILCS 5/602.7, has guidelines for parents and courts, and requires including a caveat in case they are unable to cooperate. If the divorcing parents fail to reach an agreement regardi...

Understanding the Changes to the New Illinois Maintenance Law

Modifications to the Illinois Marriage and Dissolution of Marriage Act in the Sections 504 and 505 have been made that has changed the way maintenance or alimony is calculated in dissolution of marriage. These amendments were put into effect on January 1, 2015, and if you are planning to get a divorce in Illinois, it is imperative that you understand these new changes and how they affect the duration and amount of maintenance in your case. How Illinois Maintenance Law Changed in 2015 Before the amendments were enforced, judges held a lot of dis...

FAQs About Asset and Property Division in Illinois

If you are planning to get divorced, you may have some questions regarding how your property and assets will be divided between you and your spouse. Here we have answered some common questions that most of the clients ask our family law attorneys: Q: How will my property and assets be distributed? A: Illinois is an equitable distribution state, where marital property is subject to be divided in just proportions instead of equally. The distribution is based on several factors, including: The value of non-marital property of each spouse How much...

Is Collaborative Divorce the Right Choice for you?

At the time of divorce, spouses have two options at their disposal: either to go through the lengthy, costly contested divorce, or work together to settle things through a collaborative divorce. The latter involves both parties to discuss and work out on main issues, such as maintenance, parental responsibilities, property division, custody and others, in the presence of attorneys and other professionals. It is less complicated and expensive as compared to the former option. The Process of Collaborative Divorce A collaborative divorce generally...

Factors Affecting Property Division in Illinois

When couples decide to get divorced in Illinois, they have to undergo a long legal process to completely separate them emotionally, physically, and financially. One of the most difficult, often contentious, parts of the process is property division, especially when one or both partners are unwilling to cooperate or compromise to settle the matter. In such a case, the courts have to step in and decide the matters considering a number of factors. The Property Division Process in Illinois Unlike many states, Illinois is not a community property st...

Reaching an Agreement on Asset Division

After filing and finalization of divorce, the couple in question can have disagreements on how they want to split certain assets that were bought by the couple together. Although there are cases where couples mutually agree on a 50-50 split, but there are certain things such as the house they were living in or the car they were driving that cannot be split into half. When it comes down to this, the court will take the responsibility to divide the assets fairly amongst both the parties. The First Step As the signing of the papers is done, both t...

Different Types of Spousal Support/Maintenance

Spousal support or maintenance is known as alimony in legal terms. The tenure and amount of spousal support greatly depend on the jury’s judgment regarding certain factors involved in the marriage and divorce. Some states, like Indiana and Texas, have well-defined spousal support laws. In these states, the support and maintenance is restricted to three years only. However, in some cases, the tenure of spousal support can be increased. In many states, the tenure of support entirely depends on the jury’s decision. For example, some juries do ...

Property Division in Illinois – Marital Property vs. Non-Marital Property

In Illinois family courts, the division of assets and property acquired during the marriage is done equitably, instead of equally. But things start to get confusing when it comes to distinguishing marital property from non-marital property. Illinois is not a community property state, and everything from money to assets and estate acquired during the time a couple was married is presumed to be part of the marriage. However, what is considered as equitable may vary in different cases based on their unique circumstances. The Property Rights of Spo...

Contact Us TodayFor a Consultation