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Recent Blog Posts
What Are the Benefits of Divorce Mediation?
When a couple makes the decision to end their marriage, they may expect the divorce process to be hostile and contested. However, many aspects of a divorce can be settled between spouses in an amicable and respectful manner. One of the most effective ways to resolve the issues involved in a divorce case is through mediation.
What Is Divorce Mediation?
Here in the United States, mediation is one of the most common methods of dispute resolution used by divorcing couples. Mediation is a process in which the two spouses work together with a third-party mediator to reach a divorce settlement that works for both spouses.
The benefits of mediating your divorce can be numerous. Most notably, mediation allows you to have some control over the decision-making process. This means that you and your spouse can try to work together to determine what is fair for both parties and reach solutions that ultimately may not have been possible through a standard, court-driven legal process. Because the divorce is settled privately between the two of you, there is no public record of the mediation. This allows for a level of privacy that is not possible in a standard divorce. Mediation may also allow you to complete the divorce process more quickly since you can reach a settlement without the need for multiple court hearings or a divorce trial.
How Can I Protect My Parental Rights as a Father?
Every year, thousands of American couples make the difficult decision to pursue a divorce. A divorce can represent an opportunity to start a new and independent life. However, when children are involved, the divorce process can be incredibly tense. For fathers, a divorce can be frightening, considering the overwhelming statistical evidence that the majority of sole-custody parents are mothers. If you are looking to secure significant parental responsibilities as a father, you need quality legal assistance.
Securing Parenting Time and Parental Responsibilities
Due to recent changes in Illinois’ state law, child custody is now referred to as the “allocation of parental responsibilities.” While both parents will typically receive some amount of “parenting time” (as long as there are no issues regarding domestic abuse or other criminal activity), one parent may still be the primary residential parent. As a father, it is important to understand the steps you need to take in order to remain a primary figure in your child’s life, including:
Why Is a Prenuptial or Postnuptial Agreement Important?
Every year, thousands of American couples file for divorce. Ending your marriage can be one of the most emotionally trying times in your life, but sometimes a divorce can come with more than just emotional challenges. In the aftermath of a divorce, many people are left with a complete lack of financial security. In order to avoid this, you may wish to enter into a prenuptial or postnuptial agreement that will ensure that your financial future will be intact, no matter what happens in your marriage. When preparing to secure the financial well-being of you and your family, it would be very wise to meet with a skilled family law attorney regarding a prenup or postnup.
What a Prenuptial or Postnuptial Agreement Could Mean For You
A prenuptial agreement is a private agreement made between a couple prior to their marriage. The agreement will explicitly define the manner in which the couple’s assets will be divided in the event of a divorce, and it may address other issues, such as spousal maintenance. Here in the state of Illinois, prenuptial agreements are defined under the Illinois Uniform Premarital Agreement Act. According to Illinois state law, a prenup is only valid after both parties have signed and consented to the terms of the agreement.
Securing Child Support Payments from Your Former Spouse
When a couple begins the divorce process, it is normal to experience a wide range of emotions. On one hand, a divorce can represent a new opportunity at happiness. On the other, a divorce is a separation from someone you once thought you would spend the rest of your life with. When children are involved, a divorce can be especially emotional.
Child custody is one of the most important and contentious elements in a divorce. Custody (now called the allocation of parental responsibilities in Illinois) may be only part of the battle, as many spouses will attempt to avoid paying child support. If you are looking to secure child support payments from your former spouse, you need the help of a skilled and aggressive legal team.
Child Support Statistics
According to a U.S Census Bureau report titled “Custodial Mothers and Fathers and their Child Support,” there are approximately 13.4 million single custodial parents throughout the United States. Of all the custodial parents, less than 49 percent have a child support agreement in place. Unfortunately, many of those parents never receive the payments they need to provide for their children.
How Is Parenting Time Decided in Illinois Divorce Cases?
When it comes to divorce cases, some of the most contentious issues that can arise are those pertaining to a couple’s children. Before you are able to conclude your divorce, the court will want you and your soon-to-be ex to submit a mutually-agreed-upon, written parenting plan. This parenting plan should contain information about parenting time schedules, who has what decision-making rights, dealing with the child’s school holidays, and other issues pertaining to the child. If both parents cannot come to an agreement on a parenting plan, the court will make the parenting plan decisions for the parents.
Determining Factors
Illinois family law courts start out with the presumption that each parent is a fit parent and that no restrictions should be placed on his or her parenting time, unless it is found that the parenting time would endanger the child’s physical, mental, moral, or emotional health. All decisions pertaining to the child need to be based on the child’s best interests. A number of factors are considered when determining parenting time, including:
How to Calculate Illinois Child Support Payments
Sometimes, even the so-called “simplest” divorces, where the parties have no children, can be stressful and tedious. But if you add children-related issues in a divorce, you have an entirely different set of issues which must be addressed before you can finalize your divorce. One of those issues is child support, which is a very important subject for many divorcing couples, especially if one parent has the children more often than the other. Child support is the financial obligation that both parents have to their children, and it is important that each parent pays his or her fair share.
Calculating the Basic Child Support Obligation
First, each parent’s monthly net income is calculated. Then, both of the parents’ net incomes are added together. The Illinois Department of Healthcare and Family Services (IDHFS) is the governing body that deals with child support calculations, and they periodically publish guidelines for calculating child support based on parents’ combined income. The IDHFS’s basic child support obligation table lists a child support obligation amount that corresponds with parents’ combined income and the number of children they have. This number is what the state of Illinois considers to be the total amount that parents at that income level are expected to provide for their children.
4 Reasons Why Your Illinois Prenuptial Agreement May Be Found To Be Invalid
Divorces can sometimes be messy, long, and complicated. As a result, prenuptial agreements have become increasingly popular for many couples, since they can help avoid some of the issues that can make divorces more difficult. Contrary to what movies or television shows might have us believe, prenuptial agreements can be utilized by more than just the uber-wealthy. These agreements can be helpful for any couple, because they allow spouses to make decisions about how certain matters will be handled in the event of a divorce.
While a prenuptial agreement can be beneficial for you and your spouse, it must follow specific legal rules about its content and format. If you do not follow these rules, your prenuptial agreement may not hold up in court. Here are a few reasons why your agreement may be found to be invalid in court:
Dealing With Parent and Child Relocation After an Illinois Divorce
There are many reasons why a person would want to move after they have completed a divorce. Getting a new job, starting a new relationship, moving closer to family, or just getting a fresh start are all common reasons why people choose to relocate to a new home. However, when you add children into the picture, relocation could become more complicated. You cannot just pick up and move with your child if you have an existing parenting plan in place. You must first request permission to relocate from the child’s other parent. Then you must request permission to modify your parenting plan from the courts. Taking the correct steps when you are moving is the key to a successful relocation.
Notifying the Other Parent
If you have been allocated a majority of the parenting time or an equal amount of parenting time as your child’s other parent, you can request to relocate with your child. To do so, you must first provide a written notice of the relocation to your child’s other parent, and provide a copy of the notice to the clerk of the circuit court where you were divorced. The notice should be given at least 60 days in advance of the intended relocation, and it should include the date of the intended relocation, the address of your new residence, and the length of time the relocation will last (if it is not permanent).
Longstanding Alimony Tax Deduction Ends December 31
2019 will bring a significant change to post-divorce life for many Americans, due to the 2017 federal tax reform legislation that will reverse a provision that dates back seven decades. For divorces which are completed on January 1, 2019 and afterwards, individuals who pay spousal maintenance (alimony) to a former spouse will no longer be able to deduct that amount from their taxes, a deduction which has been allowed since the 1940s. Also, individuals who receive spousal maintenance will no longer be required to declare those payments as taxable income.
This modification is expected to add a substantial amount to the U.S. Treasury’s bottom line each year. In 2010, approximately 600,000 Americans claimed the alimony tax deduction, which added up to more than $10 billion.
As a result of this change, which will greatly impact high-net-worth individuals and couples, divorce lawyers across the country say they have seen a noticeable uptick in divorces leading up to the December 31 deadline. The reason for this is simple: there will be less money for families once the new law goes into effect.
Receiving Child Support in Illinois Divorce and Family Law Cases
When an unmarried couple has a child but later splits up, or when a married couple gets a divorce, or when a couple was not in a relationship to begin with, it is typically necessary to set up child support in which one parent makes a recurring payment to the other parent for the benefit of the child. While this is often achieved without difficulty, that is not always the case.
Child Support for Divorced Parents
During the divorce process, child support is one of the most important child-related issues to resolve, along with the allocation of parental responsibilities (formerly referred to as custody) and parenting time (previously called visitation). In 2017, Illinois adopted what is known as an “income-sharing model” for calculating child support, in an attempt to allow children to maintain the same standard of living as they would have if their parents were married.
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