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Recent Blog Posts
Which Assets Are My Property but Not My Spouse’s?
In general, just about everything you and your spouse have acquired during the course of your marriage is considered marital property. Marital property is to be equitably (fairly) divided during a divorce. However, it is possible for a married person to own separate property, that belongs only to them and not to their spouse. Separate property is not subject to any kind of equitable division during divorce. The spouse who owns it keeps it. One of the first steps towards dividing property in a divorce involves identifying what is marital property and separate property. Your lawyer will be able to help you determine what is or is not your separate property.
What is Considered One Spouse’s Sole Property?
Even when you are married, you can have property or money that only belongs to you. This type of property include:
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Premarital Property - Getting married does not mean that all of your property abruptly becomes your spouse’s property too. If you came into the marriage with it, you can leave the marriage with it as well in most instances. For example, if you are still driving the car that belonged to you before you got married, your spouse is not likely able to claim any ownership interest in your vehicle. This does also includes any debts you had before you got married, like student loans or old credit card debt.
Kane County Child Custody Terms Explained
You are probably familiar with terms like “custody” and “visitation.” Terms like these have been used across the country for a long time. You do not need to have a legal background to know that “physical custody” has to do with who the child is physically with. Illinois uses updated terminology for a number of reasons. Some of the old terms no longer reflect the current reality of Illinois families. Others were changed because they carried unintended implications. This changing terminology came as part of a broader overhaul in divorce law and other types of family law related to children. While you may still hear the old terms used in less formal settings, it is helpful to understand the terms you will hear in the courtroom.
What Child-Related Family Law Terms Should I Know?
It can be easy to get a little confused in court or during mediation if you have not been made aware of the updated terminology. Here are a few terms specific to Illinois that you should know:
A Guide to Marital Property in Illinois
If you are going through a divorce in Illinois, you are likely concerned about what will or will not be considered marital property for the purposes of asset division. Division of marital assets works a little differently in Illinois than it would in a community property state. Rather than dividing marital assets equally (50/50), assets are divided equitably, or in a manner that is fair to both parties. The first step is usually determining what is and is not a marital asset for purposes of equitable division. If you are going through a divorce, it is important to be represented by your own legal counsel.
What is Marital Property in Illinois?
Most property purchased, earned, or acquired during the marriage would be considered marital property, even if the title is in only one spouse’s name. Common examples of marital property include:
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Accounts - This includes bank accounts, retirement savings accounts, and investment accounts.
What To Do If You Are Served With an Order of Protection During Your Divorce
Orders of protection can be excellent tools to help victims of domestic abuse stay safe. Unfortunately, they can also be used abusively in high-conflict divorce cases. These orders typically prevent the alleged abuser from contacting the alleged victim and returning to the marital home. The requisite abuse need not be physical or violent in nature. Courts will grant restraining orders if they believe that harassment, restrictions of personal liberty, or other forms of abusive behaviors are taking place. In some cases, children may also be named as protected parties. If you are served with one, it can put you in a very difficult position. Your best bet is to immediately contact a qualified attorney and follow their instructions.
My Spouse Obtained an Order of Protection Against Me. Now What?
The first and most important thing you must do is to obey the order exactly as it is written. Should you violate it, you could be arrested and charged with a crime. Even if the protection order came from the divorce court rather than any criminal court, it is illegal to violate it. You do not want to be battling a criminal case and your divorce case at the same time, and a protection order violation will do you no favors in divorce court. Here are some steps you can take if your spouse has you served with an order of protection during your high-conflict divorce:
What if We Change Our Minds About a Divorce?
It happens to many Illinois couples - they feel that their marriage has reached an insurmountable hurdle and initiate a divorce, only to later reconcile. Sometimes this happens because one party acted too hastily during a fight. Other times, a couple has slowly drifted apart only to rediscover a spark when they attempt to finally split. Luckily, there are ways that a couple who is thinking about staying married after all can call off their divorce, or even just delay the process while they make a decision. If your divorce has already begun and you are hoping to reconcile, a qualified divorce attorney can help you understand what options you and your spouse may have.
What Is the Reconciliation Calendar?
Putting your divorce on the court’s reconciliation calendar immediately suspends all divorce proceedings for couples who may not want to get divorced after all. Cases on the reconciliation calendar are not dismissed outright, only paused. If you decide that you do in fact want to go through with the divorce after failing to reconcile, you can more or less pick up where you left off.
Who Can Adopt in Illinois?
Adoption can be a beautiful way to grow your family. However, the adoption process can be complicated, and sometimes take years depending on the circumstances. Not everyone is qualified to adopt a child in Illinois. There are certain requirements that the state sets out limiting who will be permitted to become an adoptive parent. These rules are in place to protect the safety of children who are eligible for adoption. The state has a strong interest in making sure that adopted children are placed in safe homes with capable and caring parents. While many adults will have no trouble qualifying, others may have difficulties for any number of reasons. An attorney can offer assistance if you anticipate any trouble.
What Are the Requirements to Adopt in Illinois?
The requirements to adopt a child may vary depending on the circumstances. If the child to be adopted is already related to the prospective adoptive parents, some requirements can be waivable. Many adoption petitions are very much decided on a case-by-case basis. However, typical requirements to become an adoptive parent include:
4 Factors That Can Make Kane County Divorces More Complex
Most people going through a divorce want the process completed as quickly and easily as possible. Unfortunately, for many, there will be nothing quick or easy about the process. Certain issues, such as child custody or a demand for spousal maintenance are more likely to be contested than others. In other cases, one spouse’s wrongful conduct, like theft of marital funds, can drag out the proceedings. When you are faced with a complex divorce situation, it is important that you work with a qualified attorney who will advocate for your best interests.
What Circumstances Can Make Getting a Divorce More Complicated?
Simplified paths to divorce, like mediation, can be wonderful in some situations. Even some complex divorce issues can be resolved through mediation. However, some problems are likely to lead to litigation or other need for judicial intervention. Your divorce may be more complex than most in these circumstances:
4 Signs That Divorce Mediation May Work For You
More and more couples are turning to divorce mediation to settle the issues surrounding their divorce without litigation. When it is successful, mediation can take a lot of the stress and uncertainty out of a divorce. Instead of leaving things up to the court, you and your soon-to-be ex-spouse reach an agreement with the help of a mediator. Unfortunately, divorce mediation may not work for all spouses. There are situations where litigation will be necessary.
If you are considering resolving your divorce through mediation, you should speak with an experienced divorce attorney. A lawyer may be able to help you decide whether mediation is worth trying.
What Are Some Good Signs That Divorce Mediation Could Work For Me?
Divorce mediation works for spouses who are both willing to put forth the effort. Reaching an agreement about divorce issues like child custody and division of property can be difficult. Both parties will need to be willing to compromise. Your lawyer may suggest settling your divorce through mediation in these circumstances:
Is Open Adoption Right for My Family?
Adoption can be a beautiful way to expand your family. When you consider adopting a child in Illinois, there are a lot of choices to be made. Will you adopt after starting as a foster parent, or directly pursue adopting a newborn? Will you work with an agency? And now, will the adoption be open or closed? In the past, nearly all adoptions were closed but there is a growing trend towards open adoption. However you choose to go about adopting, it is important to have a lawyer you trust overseeing the process.
What is Open Adoption?
In a traditional closed adoption, records about the birth parents are sealed and the child has no contact with them, typically at least until adulthood. In an open or semi-open adoption, however, the adopted child will have some form of contact with her birth parents. Open adoptions may be preferred by birth parents who know they are not prepared to raise a child on their own, but do not want to completely lose contact with the child entirely, either.
Can a Child Choose Which Parent to Live With in an Illinois Divorce?
Divorce is that much harder when there are children involved. Deciding who will get parenting time (formerly called physical custody) and when can be a highly emotional process as well as a complicated legal one. Illinois courts always consider the best interests of the child when allocating parenting time and parental responsibilities. In considering the best interests of a child, courts will be interested in hearing what the child wants -- but the child’s wishes are not dispositive. Children, much like adults, may fail to act in their own best interest. This is why the judgment of the court is the ultimate deciding factor.
If you are going through a divorce or separation from your child’s other parent, you will want a strong legal advocate on your side. The relationship you have with your child is precious and should be protected by an experienced attorney during parenting time proceedings.
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