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What Benefits Does Mediation Offer?

A divorce can be messy and painful – especially if business assets are involved. Illinois is an equitable distribution state, which means if a couple gets a divorce, their debts and assets have to be distributed evenly among them. Naturally, disputes are common during such proceedings, but these can be eased amicably if you hire a mediator. What Is Mediation? As is apparent from the name, mediation is a form of dispute resolution in which a third party, also known as a ‘mediator’ helps two embattled parties come to amicabl...

Visitation and Custody if Your Spouse is in the Military

Military service can have significant impact on child custody cases. Several service members have visitation and custody rights with children – even if the other parent is not their current spouse. However, absences and missed court dates can disrupt or undermine their rights due to their military duties, resulting in a stress for both parents. The Uniform Deployed Parents Custody and Visitation Act Certain factors may reduce a military member’s chances of gaining custody of their children – especially with a family care plan alre...

Parenting Plans in Illinois

In Illinois, parenting plans are taken quite seriously by the court. Also known as custody statements in other states, this document outlines how parental time and responsibilities are to be divided by parents post-divorce. Each parent has 120 days from the date they filed for custody to submit their proposed plan. What Should Be Mentioned in the Parenting Plan If for some reason parents cannot come to an agreement on the parenting plan, both plans they proposed will be taken into consideration. Some of the elements the court will ...

What to Include in Your Divorce

A divorce settlement is a binding legal contract between two spouses in which they agree on the terms of their divorce. It is often negotiated with both spouses’ attorneys present to ensure both parties can come to an amicable decision. Before presenting your version of the settlement, make sure it includes the following. The Parenting Plan – This part of the legal document determines how spouses will share the decision-making responsibilities for their children. The plan can also outline whether one spouse will have sole responsibi...

Divorce, Finances and Children

A divorce may be a relief to some and a nightmare for others. However, during the process, spouses who don’t have children may not go through as much pain as those who are parents. Besides the emotional pain, deciding how assets will be divided and how much child support should be allocated can take a physical and mental toll on the entire family. The good news is financial ruin can be prevented if you avoid these money mistakes during and after the divorce proceedings: Maintain a strict budget – Whether you become the sole breadwinner or l...

If My Ex Refuses To Work, How Do I Get Child Support?

In Illinois divorce cases, the spouse that earns less than their ex is entitled to financial support or spousal maintenance, as well as child support if they were awarded custody. There are several factors the court examines before determining how much a paying spouse should pay. However, it is not uncommon for a paying spouse to refuse to make payments or to delay them. Fortunately, the law does not favor them in this case – especially spouses who refuse to work because they do not want a part of their income going towards alimony. If th...

Getting A Divorce After A Long Marriage and How it Affects Spousal Maintenance In Illinois

A bad marriage is like a bad investment. Rather than staying in one and trying to make it work, you should consider cutting your losses as soon as possible. The alternative is prolonged pain and suffering your family does not deserve. If you believe your marriage is headed towards a breakdown – despite spending years trying to make things work – you should familiarize yourself with the Spousal Maintenance Law, section 504 of the Illinois Dissolution of Marriage Act. From 2019 moving forward, there was a change in the formula the cou...

Financial Infidelity in a Divorce Law

Infidelity in a marriage can mean more than a cheating spouse. Your partner may also be lying about his/her financial accounts or debt. In some cases, the betrayal can be serious enough to lead to a divorce. This is known as financial liability and can hold your ex liable if proven in an Illinois court. Many people commit financial infidelity for the same reason they cheat on their spouses. It’s rarely planned and is often the result of an unsatisfactory relationship. If it involves debt, both spouses are in danger of going in the red. Since ...

How to Relocate With a Minor Child

If you are divorced and are thinking of accepting a job offer in another state, you may need to get court approval before relocating there with your children, according to Section 609.2 of the Illinois Marriage And Dissolution Of Marriage Act. However, if you are the custodial parent, you may not require court approval at all if you find yourself in certain situations: – If the child’s main residence is in a different country that is within 50 miles or less. However, if you need to cross state lines and the relocation will move you 25 m...

What You Need to Know About Cohabitation Agreements in Illinois

As more and more couples are choosing to live together without getting married and raise families together, cohabitation agreements have risen in popularity in Illinois. Many people believe living together without tying the knot frees them from certain obligations. A cohabitation agreement ensures the individuals involved in the agreement are protected against such assumptions. What is a Cohabitation Agreement? A cohabitation agreement is basically a prenuptial agreement without the nuptials. The main difference between it and a marriage is the...

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