Posted on June 10, 2019 in Divorce

Job loss is hard at any time, but losing your job while you are going through divorce can be especially difficult. Since divorce will already have a large impact on your finances, the loss of your job is likely to make things even more complicated. When making decisions during the divorce process, it is important to consider all aspects of your financial situation, and a skilled attorney can help you understand how your employment will affect the outcome of your case.

Layoffs

In today's unstable economic climate, it is hard to predict when companies will need to lay off employees. If you lose your job due to a layoff while you are going through divorce, it is important to let the court know of your situation. Since layoffs tend not to be the fault of an individual, the change in your financial situation should be taken into consideration in court. If you are required to pay spousal maintenance or child support, you may be able to adjust the amount of your obligations while you are actively looking for employment.

Continue Reading ››

 Posted on June 05, 2019 in Divorce

It is a sad statistic, but over 50% of marriages will end in divorce. Ending your marriage is not something that you decide to do spontaneously, but a decision that is weighed heavily before you act upon it. If you are planning on a divorce, it is important to think ahead and prepare for what you want your life to look like after the divorce has been finalized. This will help you avoid making irrational decisions and make sure that you come out of the situation with a plan for success. You will want to be sure to consider the following areas:

Finances

It is important to have a firm understanding of your financial situation before you file for divorce. This is necessary so that you know how much you will need in order to live independently. If you are seeking spousal maintenance (alimony) or expect to receive child support, you should consider how these payments will factor into your overall financial situation, but it is best to plan conservatively and limit your expenses as much as possible. Even if your divorce is mutual, both you and your former spouse will each be trying to gain as much financial advantage as possible, so you will want to be prepared for multiple possible outcomes.

Continue Reading ››

 Posted on June 03, 2019 in Divorce

Those who are looking to adopt a child may give an orphan the opportunity to have a future family and home, and this can be very beneficial for everyone involved. There are children all over the world who need homes, and international adoption allows parents to provide these children with the family life they need. However, the adoption process can be lengthy and difficult, and if you are considering adopting a child from another country, the legal steps to follow can be even more complicated and stressful. In recent years, countries like Ethiopia, South Korea, Romania, Guatemala, China, Kazakhstan, and Russia have all reduced the number of international adoptions allowed. In fact, between 2005 and 2015, international adoptions dropped by 72 percent, decreasing from 46,000 to 12,000, with only 5,500 children being adopted by U.S. parents.

Claims Regarding the Safety of Children

When reducing the number of international adoptions, some countries have stated that these decisions were made to ensure the safety of adoptive children. When banning or curtailing international adoptions to the U.S., Russia and Ethiopia both cited cases of negligence from American parents which resulted in a child's death. However, research has shown that in the past two decades, only 19 children who were adopted from Russia by U.S. parents died because of abuse or neglect, out of a total of 60,000 adoptive children. This statistic has led some to believe that these bans are not motivated by a desire for child safety, but are in fact related to international politics.

Continue Reading ››

 Posted on May 28, 2019 in Divorce

Resolving legal issues in family court can be an incredibly stressful experience, and the decisions made will have a major impact on your own life and the lives of your children and other family members. However, by working with an experienced attorney, you can be prepared to address the legal concerns in a divorce or family law case. Here are some tips to help avoid stress during this crucial time:

1. Keep Calm in Court

It is important to remain calm, collected, and professional when in front of a judge. This can sometimes be difficult, since family court usually involves what was once a loving relationship that has now turned sour. Each party is experiencing a variety of emotions, and because of this, tensions can run high. However, it is important to avoid the temptation to lose your cool in court, as any outbursts, displays of anger, or unnecessary comments can have a negative influence on the judge's decisions. In many cases, it is best to let your attorney speak for you and limit what you say to basic statements of the facts or answers to the judge's questions.

Continue Reading ››

 Posted on May 22, 2019 in Family Law

If you have been the victim of abuse by your spouse, you may be considering divorce. However, your primary concern is likely ensuring that you and your children are safe. To protect yourself from your abuser, you can ask a judge for an order of protection. This will not only require the abuser to stop abusive activities, but it may also ensure that they stay away from you and your children, refrain from contacting you in any way, and require them to attend counseling and pay child support. This can provide you with much-needed protection in the steps leading up to divorce as you begin to put permanent solutions in place.

There are three types of orders of protection in Illinois:

Emergency Order of Protection

This type of order can be used to obtain immediate protection from an abuser. It will go into effect as soon as it is approved by a judge approves, and the alleged abuser (known as the respondent) will be notified and required to follow the terms of the order. The respondent does not need to be present at the hearing where an emergency order is granted. An order will typically last from 14 to 21 days or until a hearing can be held to determine whether further protection is necessary.

Continue Reading ››

 Posted on May 20, 2019 in Family Law

Whenever children are involved in a legal matter, the law tries to be extra sensitive. If a mother feels she can not properly take care of her infant, she can give it up for adoption. However, in situations in which a mother believes she cannot follow the usual adoption process, she has options under the Illinois Safe Haven Law. For those who are considering adopting a child, it is important to understand how this law may affect their situation.

Origins of the Illinois Safe Haven Law

The Illinois Abandoned Newborn Infant Protection Act (commonly known as the Safe Haven Law) allows a mother to surrender a child anonymously without fear of criminal prosecution or civil liability. Texas was the first state in the U.S. to pass a version of this law in 1999, and Illinois followed two years later. By 2008, all 50 states had a version of the Safe Haven Law, which is often nicknamed the “Baby Moses Law.”

In Illinois, the law initially covered babies three days old or younger. In 2009, the cut-off date was extended to 30 days.

Continue Reading ››

 Posted on May 14, 2019 in Divorce

Even under the most amicable circumstances, divorce signifies the end of a relationship, and that can be difficult for both parties. Unfortunately, divorce can also bring out the worst in people, especially if one or both parties feel wronged or slighted. To obtain the best results in your divorce, it is important to hire a reputable divorce lawyer to guide you through the legal process.

It is natural to want to do independent work apart from your lawyer to strengthen your case. Especially if your case involves infidelity or financial mismanagement, you may be thinking of using certain spy tactics to obtain hard evidence to use in court. However, this type of spying can be tricky, because some of these tactics are illegal, and evidence that was obtained illegally cannot be used in court. When attempting to uncover information during your divorce, you should speak with an attorney to find out which options are legal to use during your divorce proceedings.

Continue Reading ››

 Posted on May 13, 2019 in Divorce

Can you blame your divorce on where you live? In most cases, the answer is “no;” divorce and place of residence do not usually correlate. However, if you live in Illinois in any of the ten cities listed below, your likelihood of getting divorced may be higher than for those in some of your neighborhood counties.

According to the U.S. Census Bureau's American Community Survey, the number of divorced people in Illinois is close to 1,000,000 people. Throughout the United States, there are over 28 million people who are divorced. Note that the census defines “divorced” as people whose divorce has been finalized (not including married couples who are separated) and who have not remarried. Illinois is actually one of the states with the lowest divorce rates; at a rate of 9.7%, it falls below the national divorce rate of 10.9%

In Illinois, the city with the highest divorce rate is East Alton, a village in Madison County. The top 10 cities in Illinois with the highest divorce rates are as follows:

Continue Reading ››

 Posted on May 07, 2019 in Property Division

Divorce can be difficult for everyone involved. After you make the decision to divorce, you will want to be sure you will have the financial resources you need after completing the divorce process. During the divorce proceedings, you might be tempted to “rip it off like a Band-Aid” and get things over with as soon as possible. While this may seem like an easy strategy, it will not necessarily benefit you, and making decisions too quickly could result in significant financial difficulties in the future. Below are two important tips to keep in mind as you complete the process of dividing marital assets during your divorce.

Know the Liquidity of Your Assets

Liquid assets are assets that can be easily obtained and assessed, such as bank accounts, retirement funds, 401(k)s, etc. Other types of property, like a home or a car, are called illiquid assets, because while their value may be high, it can be a difficult process to sell that property at its actual cash value.

Continue Reading ››

 Posted on April 29, 2019 in Child Support

Under Illinois law, both parents are obligated to financially support their children. As of July 2017, Illinois uses the income shares method of calculating child support. The income shares formula considers the income of both parents to determine the amount of child support that one parent, the obligor, must pay to the other, the recipient.

If you are the obligor parent, it is important to make your payments in full and on time. If you are unable to adhere to the terms of your court-ordered child support payment plan, speak with an attorney regarding your options. Non-payment of child support carries significant legal ramifications.

Illinois Penalties for Non-Payment of Child Support

When a person fails to make their child support payments in full and on time, the recipient parent may work with the Division of Child Support Services (DCSS), a branch of the Illinois Department of Healthcare and Family Services, to obtain the money owed. This can come in the form of direct wage deductions, seizure of bank accounts, securing the obligor parent's tax refunds, and even placing a lien on the obligor parent's property.

Continue Reading ››