Posted on September 16,2021 in Post-Decree Matters

When a divorce is finalized, the decisions that are made are intended to be permanent. However, there may be some cases when a divorce decree may be modified, especially if it contains provisions that affect the parties’ ongoing financial situation or their relationships with their children. When addressing post-decree matters, divorced spouses should be sure to understand the types of changes that can be made and the circumstances that may warrant a modification.

Terms of a Divorce Decree That May Be Modified

After a couple’s marriage has been legally dissolved, an ex-spouse usually will not be able to request changes to decisions about the division of marital property. However, a person may be able to petition the court for modifications to address the following:

• Spousal maintenance - If spousal support was not awarded to either party in a divorce decree, neither party will usually be able to go back to court to ask for this form of support. However, if one spouse has been ordered to pay support to the other, either party may ask for modifications to the order based on changes in their financial circumstances. For example, someone who is required to pay maintenance to their ex-spouse may ask for support payments to be reduced or terminated because they have experienced health issues or financial difficulties that have affected their ability to continue making these payments.

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 Posted on August 25,2021 in Divorce

If you are going through a divorce, you may be concerned about your ability to provide for yourself financially once your marriage has been legally dissolved. If you have relied on your spouse during the marriage to earn the majority of the income needed to meet your family’s needs, you may be able to receive financial support (known as spousal maintenance) following your divorce. On the other hand, if you earn more than your spouse, you may be concerned about your ability to cover your own expenses if you are also required to pay spousal support. By understanding how spousal maintenance is calculated, you can determine the amount you may pay or receive, allowing you to plan for how you will meet your financial needs once your divorce is complete.

Guidelines for Calculating Spousal Maintenance

Illinois law provides a formula for calculating spousal support obligations based on the income earned by divorcing spouses. Under this formula, 25 percent of the recipient’s gross annual income is subtracted from 33⅓ percent of the paying spouse’s gross annual income. The result will be the amount that will be paid on an annual basis, although this amount will usually be divided into 12 monthly installments. However, when the amount of maintenance is added to the recipient’s income, the total cannot be more than 40 percent of the spouses’ combined gross annual income.

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 Posted on August 09,2021 in Family Law

There are many reasons why couples who are planning to get married may wish to enter into a prenuptial agreement. A “prenup” can protect the ownership of assets that each party will be bringing into the marriage, ensuring that a person will continue to own certain assets if they end up getting a divorce. This can be especially beneficial for business owners, people with large incomes or family wealth, or those who have children from a previous relationship. However, spouses will need to meet certain requirements to ensure that their prenup will be valid. If an agreement is not drafted correctly, and one spouse challenges the agreement during the divorce process, some or all of the terms of the agreement may be found to be unenforceable.

Reasons a Prenup May Be Unenforceable

Most of the time, a prenuptial agreement may only be challenged based on the grounds that it was either not signed voluntarily, or that it was unconscionable.

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 Posted on July 22,2021 in Divorce

If you and your spouse have not been happy for a long time, getting a divorce may be able to give you the relief you need. However, getting a divorce is not a walk in the park. Resolving matters like the division of marital property can be complicated, and if your spouse is reluctant to provide you information about his or her finances, you may need to take advantage of the discovery process to get the information you need to make well-informed decisions.

What Is the Discovery Process?

The discovery process allows divorcing couples to gather important information and documents, usually related to each other’s finances, after the filing of the initial divorce petition. Sometimes, spouses willingly share such information, but it is often necessary to use a more formal legal process to better ensure all relevant information is exchanged. Through discovery, each spouse gets access to the same information when coming to decisions regarding their divorce. If you and your divorce attorney gather this information, you may have an easier time reaching a fair agreement.

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 Posted on July 08,2021 in Allocation of Parental Responsibilities

During the Illinois divorce process, parents have an important responsibility to fill out a “Parenting Plan” document which states the details of parenting time and the allocation of parental responsibilities between the two parties. Parents may cooperate in the creation of a single parenting plan, or each parent may feel the need to draw up their own plan during the divorce case. With either approach, once the divorce is finalized and a plan is approved by the judge, it becomes legally binding. However, if your circumstances change after the divorce, you may be able to modify the parenting plan.

When It May Be Necessary to Modify a Parenting Plan

A parenting plan is not necessarily set in stone. If you, your former spouse, or your children go through major life changes after your divorce, a judge may agree to modify the plan. Here are a few situations that may warrant a modification.

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 Posted on June 28,2021 in Family Law

If you are getting a divorce from your spouse, you may have ill feelings toward that person. Your anger and resentment may be so intense that you want to bad-mouth your ex-spouse every chance you get. However, doing so will likely only serve to perpetuate a hostile situation. It can also be damaging to your children, and it can even affect the outcome of the allocation of parenting time and parental responsibilities.

The Downsides of Bad-Mouthing Your Former Spouse

Speaking poorly about your former spouse can be harmful to both you and your kids. Keep in mind that your ex-spouse is still your children’s parent. Just because you no longer get along with your ex, that does not mean he or she is any less of a parent to your children. Your children still love your ex-spouse and look up to him or her. It will be hurtful for your kids to hear you speaking poorly about someone they care about, and they may feel forced to take sides. Being caught in the middle like this is a lose-lose situation for a child, who will likely feel guilt and shame because they are unable to make both parents happy. Children may even feel that they are doing something wrong themselves, which can lead them to develop self-esteem issues.

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 Posted on May 10,2021 in Family Law

In today's world, there is no such thing as an "average" family. Years ago, the traditional mother, father, and baby set-up was the norm, but nowadays, things are much different. According to the 2018 American Community Survey conducted by the Census Bureau, more than 6 million people lived in a household with a child who is not biologically related to them, including in a stepfamily. One reason for this is that many people who get divorced end up getting remarried, which often creates blended families, bringing children from prior marriages together in one household.

One question that may go through any stepparent's mind is whether they can adopt their stepchild. While there is definitely a legal way to adopt a stepchild, it can be a somewhat complicated process. There are many details pertaining to the adoption process that you will have to understand and address before you are able to adopt your stepchild.

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 Posted on April 29,2021 in Divorce

If one were to ask, say, 10 married couples if they have ever hidden any type of financial information from each other, how many do you think would say that they have? Chances are, there would be a good number of them that answer, “yes.” According to a new survey from CreditCards.com, around 40 percent of respondents of all ages who are currently in serious relationships admitted that they were actively hiding a credit card, checking or savings account from their partner. Financial infidelity is common in marriages, but it can come back to haunt the guilty party during their divorce. A partner who commits financial infidelity during a marriage is also likely to affect the financial aspects of the divorce.

What is Financial Infidelity?

There are various definitions of “financial infidelity,” but most commonly it refers to any type of lying or deception about money matters between romantic partners who have combined finances. Many actions and behaviors can qualify as financial infidelity, and all of them can have a significant impact on their partner’s financial situation. Examples of actions that can be considered financial infidelity include:

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 Posted on April 19,2021 in Divorce

One of the first questions most people have when they find themselves beginning to look into the possibility of divorce is how much the divorce process will cost. One of the well-known facts about divorce is that it is not cheap. According to a recent article in USA Today, the average cost of a divorce ranges from $8,400 to $17,500, when all factors are accounted for, so clearly, there is no one price tag that you can put on every divorce. The actual final cost of your divorce will end up being based on a variety of factors, with one of the biggest factors being the cost of your divorce lawyer.

Factors Affecting the Cost of a Divorce

One of the basic factors that affects the cost of a divorce is simply where you live. In states and cities with higher costs of living, the cost of getting a divorce is likely to be higher. In states that have a lower-than-average cost of living, the cost of getting a divorce is also likely to be lower. Some of the other factors that can affect the cost of your divorce include:

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 Posted on March 30,2021 in Divorce

A “gray divorce” is a term used when referring to a couple that gets divorced later in life, typically when they are over the age of 50. Perhaps they were waiting until their children were grown and out of the house, or an extramarital affair caused the split. Regardless of the reasons for the marriage ending, these older spouses will have to make some important decisions regarding their divorce settlement in order to move forward into the next chapter of their lives. One of the major issues with a “gray divorce” is that there can be more assets, and larger assets, to divide, which can cause conflict between spouses. Certain high-value assets can be more problematic when trying to determine which of these assets are marital property and subject to division. Also, often there is the emotional aspect of becoming single again after perhaps decades of marriage to deal with. 

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