Divorce can take a financial toll on any family that goes through it. Post-divorce, families are essentially required to run two households on the same amount of income with which they used to only run one household. So, logically, it makes sense that expenses and spending would be different post-divorce. This is why it is so important to have a good financial plan and professionals involved who can assist you so that you can plan for the future post-divorce. Create a Financial Plan Commonly, people who are divorcing see an increase in debt, and it is necessary to do an overhaul of your financial situation and financial health. Credit scores can be impacted. Folks who divorce while trying to sell a marital residence oftentimes cannot obtain financing right away to be able to purchase a new residence, so they find themselves renting, which is more expensive oftentimes than home ownership. Divorced parties with children may be opting to keep the children within their same school district despite moving, which can often be expensive as well. Children often require additional belongings at both homes, which is an increased expense. Someone who has had little or no income for the past several years may find themselves in a position where they have to try and rent a home or apartment, which can be difficult when there is no income history. A cosigner may be necessary, or, working with an attorney and a mortgage broker is necessary to find out what income requirements there are to qualify for a purchase or a lease on a new residence. The common theme in all of the above scenarios is that they require planning in advance and foresight into what the future may hold. Here are some tips that may assist you when divorcing and creating a financial plan for your future post-divorce. Ask the correct questions. It is imperative that your divorce attorney knows what your thoughts are for the future, especially when it comes to employment and your living situation. If you are someone who has historically not worked, it is best to consult your attorney before becoming employed and to formulate a plan regarding what types of employment would be most cost-effective for you, taking into consideration spousal support, child support, daycare expenses, and other things that may have an impact on your divorce case. It is also imperative that you have a discussion with your attorney regarding your desired living situation going forward. If you have no income history, you will need to discuss ways to finance a new residence or rent a new residence. We will often have our clients speak with a mortgage broker, or apartment lease company to find out what will be required so that we can formulate a plan for moving forward. Budget It is imperative to speak with your attorney about budgeting and what sort of support projections you can expect to pay or receive as part of that budget. If you are the obligor, or the person paying support, you need to know the range of what you may be required to pay. If you are the obligee, or the person receiving support, you need to know what that looks like so that you can budget accordingly and plan for your financial future. Your living situation can have an impact on your underlying case, so it is important to have these conversations early on with your attorney so that it is clear what your goal is. Additionally, working with a financial planner or advisor to set long term goals in addition to a monthly budget is something we always recommend to our clients. These experts can help you plan for retirement and long-term goals, rather than just short term goals. Run your credit report during your divorce case. The amount of people who learn about debts they are responsible for from running their credit report is astonishing. Spouses oftentimes are not fully aware of what their spouse may have financed in their (the other spouse’s) name. Pulling a credit report helps to shed some insight into what debts you are responsible for, so that your attorney knows what to negotiate during a divorce case. Each of the three major credit bureaus make a free credit report available to you once per year; you could theoretically pull a free credit report directly from each credit bureau every three months. (It also doesn’t hurt to ask for your spouse’s credit report, specifically during the divorce discovery process, to see what debts and obligations they have, if you want to see that document). Once you are divorced, it could be too late to address debts that you did not know existed, forgot about, etc. and it is important to ensure that you know what you are going to be responsible for moving forward. It is important that you have the correct team of professionals in place to guide you during and post-divorce to ensure that you are in good “financial health.”. Having transparent conversations with your divorce attorney, who is well-apprised of your financial situation is key to ensuring you are working towards a common goal and that your expectations are managed and met. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/blog/surviving-finanically-after-divorce-in-chicago/
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In Illinois, the laws surrounding custody and visitation rights extend beyond just parents. Third parties, such as grandparents, stepparents, or other family members, may also seek custody or visitation rights under certain circumstances. The applicable laws are designed to prioritize the best interests of the child while also recognizing the importance of maintaining familial relationships. Third Parties Seeking Custody Illinois law allows third parties to petition for custody of a child under certain circumstances. This typically occurs when the child is not in the physical custody of one or both parents. To be granted custody as a third party, the non-parent would file a petition for allocation of parental responsibilities. While ultimately, the Court would conduct a best interest of the child analysis, non-parents have to show that they have standing to file their petition. Standing for third parties is handled under 750 ILCS 65/601.2(b)(3-5). Do You Have "Standing"? “Standing”, at a very basic level, is just a determination that the person filing the case has the ability to do so. It does not have to do with the merits of the case, but rather that the petitioner can ask for relief from the court in this case. A third party has standing to seek custody when the child is not in the physical custody of one or both parents. Essentially, standing depends on whether the child has been in the custody of a person other than a parent, and the degree to which a parent seeking custody has maintained regular contact with the child. Absent standing, a court will not be able to consider a best interest analysis. If a non-parent is able to withstand a challenge to standing, then the court will ultimately conduct a "best interests" analysis. In such a case, the court will consider various factors, including but not limited to the relationship between the child and the third party, the wishes of the child (if the child is old enough to express a preference), the mental and physical health of all involved, and any history of abuse or neglect. There is an established presumption that a fit parent has a right to the care and custody of their child, and that this right is superior to that of a non-parent. However, this presumption is not absolute. If you wish to seek custody of a child to whom you are not a parent, please contact an experienced attorney to assist you in the process. Visitation Rights for Third Parties A non-parent can also seek visitation rights of a child, as opposed to custody. This commonly happens in a situation where there is a significant relationship that exists between the child and the third party, but the primary custodian (usually one or both parents) is unwilling or unable to facilitate visitation. Situations that arise in this include when a parent is deceased, missing, incarcerated, and other instances. To obtain visitation rights as a third party, again, the petitioner will ultimately have to demonstrate to the court that the visitation would be in the best interest of the child. Similar factors to those above are considered, with a focus on the nature and extent of the relationship between the child and the third party. Again, before a court considers the best interests of a child, the petitioner must first demonstrate that they have standing. Section 750 ILCS 5/601.2 of the Illinois Marriage and Dissolution Act handles the standing of grandparents and other non-parties. Similar to third party custody cases, there is also a liberty interest of parents, who have a fundamental interest in the care, custody, and control of their children. Within this is the notion that parents have a right to determine with whom their children should associate. Lulay v. Lulay, 193 Ill.2d 455, 473-74 (Ill. 2000). Because of this principle, the permittance of a third party to have court-ordered visitation with a child is an interference to the right of the parents. The reason that a third party must clear the standing bar is to protect the rights of the parents. As such, courts will strictly construe the standing provisions of the Illinois Marriage and Dissolution of Marriage Act in order to interfere with a parent’s right as little as possible to effectuate the interest of maintaining the relationship between, for example, a grandparent and their grandchild. In re Visitation of J.T.H., 2015 IL App (1 st ) 142384. There are many uphill battles a third party may face when trying to seek visitation, and the law is constantly developing in this realm. It is essential for third parties who are seeking custody or visitation rights to consult with an experienced family law attorney, as there are multiple challenges to seeking this before a court, and the standard for prevailing as a third party in such a case can be difficult to attain. If you are in the Chicago area and you have questions about seeking child custody or visitation as a non-parent, contact Anderson Boback & Marshall today for a free consultation. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/blog/child-custody-and-visitation-rights-for-third-parties/ There are a lot of moving parts going on at once in a divorce case – calculating child support and maintenance, determining a parenting time schedule and who makes decisions for the children, figuring out how to divide assets and debts, selling real estate, determining dissipation, and so many other variables. The last thing on your mind is probably one of the most important to address during the divorce process: tax issues. 5 Important Tax Implications in a Divorce Here are the most important areas and issues to consider in your divorce case that deal with tax implications: 1. Filing taxes during the divorce process and after: You and your spouse will need to address the issue of how taxes will be filed during the divorce. Most of the time, even if you are living separately and the children might be living with one parent more of the time than the other, it is financially better for you and your spouse to file joint tax returns as you get to maximize the standard deduction and reduce the taxes required to be paid. You can still file joint taxes for a tax year so long as you are still legally married when that year ends. However, if you get divorced at any time during the year, then that year you will need to file separate tax returns. Once the divorce is finalized, you will need to file single or head of household. If there are minor children, and they are living with you for at least 50% of the year, you can file as head of household to maximize your tax savings. Be sure to talk to a qualified accountant and/or tax preparer to ensure your taxes are accurate and that you are getting all the tax savings you are entitled to. 2. Property Division Generally speaking, transfers of property between spouses during and after a divorce, based on terms of the final judgment for dissolution of marriage, are tax-free. However, there can be tax consequences if property is sold during the divorce process. If you or your spouse sell investments, cryptocurrency, or stocks, there can be additional taxes based on capital gains. If you and your spouse agree, or the court orders it, the marital residence can be sold during the divorce as well. Some of the profits from the sale might be excluded from capital gain tax, but that depends on other factors as well. You will want to hire an accountant or tax preparer to better help you understand what taxes you need to consider when property is sold, and how you can limit your capital gain tax, whether filing separately or jointly. 3. Retirement Accounts Transferring retirement funds based on a divorce judgment does not normally result in additional taxes. If IRAs or 401(k) accounts are being divided, an order called a Qualified Domestic Relations Order (QDRO) gets entered at the time of the divorce. This order directs the retirement plan administrator to segregate out funds for the other spouse and put them into an account in that spouse’s name, or roll them over into that separate account. Sometimes there are also transfer orders with certain companies that can effectuate this split as well. Once the funds are in an account in your name, any funds you might withdraw from the account if you are not of legal retirement age will cause additional fees and tax penalties. So, if you were planning to use funds from your spouse’s retirement account to pay your bills or debts, or just have it as income, you should re-think that if you are not prepared to pay the taxes and fees that are associated with using those funds before retirement age. 4. Family or Marital Business If there was a business opened and operating during the marriage, this will have to be divided as well, or sold. If one spouse is keeping the business, this too can be transferred to that spouse incident to the divorce without additional taxes. However, if the business is sold during the divorce, there will be capital gain taxes for you and your spouse that you will need to consider. If you are the spouse being awarded the business in the divorce, it is wise to hire a tax preparer and accountant for your business to help keep track of business revenue, debts, corporate taxes that might be owed, tax deductions, etc. 5. Child Tax Deductions and Credits During the marriage, you and your spouse both got the benefit of a deduction or child tax credit(s). However, it will have to be determined who will get those deductions and credits after the divorce on their taxes. If one parent has the majority of parenting time, they generally will get to claim the child or tax credits, however, if the other parent is paying child support timely, this deduction or tax credit could be alternated every year. If there are multiple children, who claim the children, the deductions can be split every year, or one parent can claim one child every year, etc. Which spouse gets the tax benefits can vary based on the case and the facts, so be sure to discuss this with your divorce attorney. Claiming the child or children on your taxes can help reduce your taxable income, so it is important to determine this. After your divorce is finalized, you should consult with your accountant and/or tax preparer to ensure that they are aware of any changes in your situation and can assist you in obtaining the best possible tax benefits. Get Advice from a Chicago Divorce Attorney The attorneys at Anderson Boback & Marshall have in-depth experience in all aspects of divorce and family law, including tax issues in a Chicago divorce. Please contact Anderson Boback & Marshall for questions about this topic and other questions related to Illinois divorce or family law. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/blog/warning-tax-issues-in-a-chicago-divorce/ Most individuals are familiar with prenuptial agreements. A post-nuptial agreement is something that is not talked about as much. Where a prenuptial agreement is entered into before a couple ties the knot, a postnuptial agreement is entered into after the parties are already married. Prenuptial agreements are entered into in exchange for the parties getting married; postnuptial agreements are sometimes entered into in exchange for the continuation of the marriage. In other words, in some cases, a postnuptial agreement can prevent a couple from divorcing. Many family law attorneys frown upon postnuptial agreements for a variety of reasons. For one, if the postnuptial agreement is a worse deal than an actual divorce, an attorney would not recommend it. Furthermore, many couples do not consider the continuation or postponement of a divorce to be a sufficient compromise in exchange for bargaining away their rights. Courts generally exercise more scrutiny for postnuptial agreements as opposed to prenuptial agreements. These agreements are, at their core, contracts. In every contract, there must be "consideration" for the exchange. The principle behind consideration is that each party to a contract must give up something of value in exchange for what they receive under the contract. When it comes to postnuptial agreements, courts frequently question whether there is enough consideration to support the terms. As a result, it is best practice for a postnuptial agreement to explicitly state the consideration in order to reduce or eliminate future disagreements about it. When a Postnuptial Agreement May Be a Good Decision Nevertheless, for some couples, entering into a postnuptial agreement can be a good decision. Financial Changes Let’s say one partner experiences a significant increase in wealth or income during the marriage. That partner may wish to enter into a postnuptial agreement to protect these assets in case the marriage deteriorates. On the other hand, if one spouse has a considerable amount of debt or a history of financial irresponsibility, the other spouse may want an agreement to protect themselves from being responsible for the debts of the other partner in the event of a divorce. Older Couples If one or both parties are elderly and do not plan on remarrying, it is probably a better deal for them financially to stay married and take advantage of their social security and pension rights than it would be if they instead divorced. Divorces can also be very expensive and not worth fighting if a postnuptial agreement at an older age will sufficiently satisfy the parties. New Marriages Postnuptial agreements are not just advantageous in the case of a long-term marriage. If the possibility of a divorce arises in the early stages of a marriage, a postnuptial agreement can still be beneficial for some. When parties divorce less than 5 years into a marriage, neither party may be entitled to substantial assets or maintenance. If the parties wish to continue with their marriage without worrying about the possibility of future liability for paying maintenance or a large division of assets should a divorce occur in the future, a postnuptial agreement could be recommended. In such a case, a postnuptial agreement would ensure that any comingling of assets or contributions by either party that happened before the postnuptial could be waived or settled. This would allow the assets to be considered non-marital property. Couples with Children Postnuptial agreements can also be helpful for parties who have children. While they cannot be used to decide which parent has primary custody or the amount of child support to be paid, they can still be helpful for parents who want to protect their children. Having children can sometimes prompt one or both parents to reassess the financial arrangements in their marriage, as they may seek to prioritize protecting their children in case of marital fallout. For example, parents can use a postnuptial agreement to decide each party’s contribution for a child’s college or post-high school education. Parents could also use a type of agreement to specify that certain assets (such as a savings account or an inheritance) are non-marital and should belong to their children. Another way in which parents can protect their children through a postnuptial agreement could be the allocation of the marital home in the postnuptial. In other words, the parents could agree that one of them, in the case of a divorce, should retain the marital home. This could keep the home as an option for the children to continue to live in or spend time in after a divorce. Finally, if a parent has children from a prior relationship, a postnuptial agreement can protect those children as well. Drafting a proper postnuptial agreement can protect property and assets a parent intends to leave to their children. Not only can postnuptial agreements help parents in the manners outlined above, but they can also be a way for parents to settle some of the “big ticket” items in their marriage with less tension than an acrimonious divorce. This can create a more positive environment for the children to grow up in, with their parents establishing a standard for how to resolve conflicts. Reconciliation Pre- and post-nuptial agreements can sometimes have a negative connotation. They can, however, be a useful tool in helping a couple establish a stronger connection. Sometimes, a couple may face difficulties in their marriage that make divorce a real possibility. A postnuptial agreement could be viewed as a way for the couple to rebuild trust while also addressing financial concerns. Seek Advice from a Family Law Attorney If you are in the Chicago area, the family law attorneys at Anderson Boback & Marshall can help you determine if a post-nuptial agreement may be right for you. Schedule a free consultation today! THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/blog/is-postnuptial-agreement-right-for-you/ Selling marital assets during a divorce is ill-advised. Generally, you should not sell marital assets during a divorce, particularly without consulting with your divorce attorney, first. The amount of problems that the sale of an asset can cause far surpasses any benefit to be realized. As a result, the number one rule for selling marital property during a divorce is, simply, don't do it. However, it is not always avoidable. Here are some things to consider if you absolutely have to sell marital property during a divorce. Considerations When Selling Marital Assets During a Divorce Avoid Dissipation First and foremost, know and understand that being accused of “dissipating the marital estate” is a possibility. If you dispose of or sell a marital asset and you cannot account for what happened to the proceeds, or for the new property you received in exchange for said asset, watch out. If the sale was not done in a way that comports with the usual and customary way you would sell marital property while you were married, your soon-to-be ex-spouse might allege that you sold the property solely for the purpose of devaluing or wasting the marital estate. For example, let’s say you have a lake house that was purchased during the marriage, and you can no longer afford the upkeep for said property. Let’s say it has a fair market value of $500,000 and a mortgage of $350,000. That means that there is a net equity of approximately $150,000 to be realized upon the sale of said property at fair market value, after reducing out the mortgage bank’s balance due, give or take some additional fees. Now, let’s say that you decide that you are going to sell the property to your brother for $375,000, to get rid of it. That means that through this sale, you only realized $25,000 in net equity after the mortgage was paid, but if the property were sold at fair market value, you should have received approximately $150,000 in net equity after the mortgage is paid. Your sale came up $125,000 short. Your spouse can tell the court that you “wasted” or “dissipated” a marital asset because you undersold it, and that you should be required to pay back to the marital estate a portion of the $125,000 that you were “short”. Now, this example is a bit far-fetched because it presumes a spouse could sell a piece of real estate without obtaining any sort of homestead waiver or signatures of their spouse, however, it illustrates the concern. Dissipation allegations are possible, and you could be forced to repay back into he marital estate the money that was lost. Property that is No Longer Functioning If the property has no use because it is no longer functioning, that is a little bit of a different situation, as you may be able to defend the disposition of the asset if dissipation is alleged. For example, let’s say you are driving a car which is twenty years old and it stops running. Let’s say the fair market value of the car is $3,000 and it requires repairs of $10,000 in order to run. It seems likely that paying for the repairs on the car would be wasteful, because the car’s fair market value doesn’t exceed what you could sell it for after the repairs are made and you’d be sinking $10,000 into it to make it run. This is one of those scenarios where selling the property or “junking it” or donating it might make some financial sense. And, if you need transportation for work, you may need to purchase a new vehicle. If the sale of the asset could be arguably due to the fact that the cost to repair the vehicle exceeds the proceeds from the asset, that would be an argument you could make in defense of a dissipation claim. When someone is alleged to have committed dissipation, the person being alleged needs to be able to account for what happened to funds or explain why it was not, in fact, dissipation of the marital estate. So, this is a scenario where an argument could be made supporting the actions. Best Practices for Selling Marital Property During the Divorce Process There are “best practices” for selling marital property while divorcing, to try and ensure that no complications occur as a result of the sale. Notice and Prior Approval First and foremost, it makes sense to try and give notice and obtain approval prior to selling a marital asset, by notifying your spouse or their attorney of your intentions. If the sale is going to net in a large amount of proceeds, the attorneys may suggest the funds be placed into one of the attorney’s IOLTA (trust) accounts during the pendency of the case so that the funds are available to be divided between the parties in a final settlement or after a trial. This ensures that the funds are preserved. It also protects the parties from alleging claims of dissipation against one another. Agreed-Upon Court Order Another way to handle the sale of property is to reduce it to an agreed-upon court order indicating what will be sold and for how much. We see this often during the pendency of divorce cases with real estate. Parties may know they need to sell the marital residence and may wish to start the sale process before the divorce is finalized. This is fine, so long as the parties agree. Details should be worked out through your divorce attorneys, such as who will pay the mortgage, taxes, insurance, and other expenses during the sale, what the list price will be, who the realtor will be, and other items that are pertinent to a sale. This is not uncommon in divorce cases. However, it is best practice to ensure there is an agreement, in writing, and ideally, reduced to a court order, so no one can later allege they didn’t agree or did not know. If all terms are agreed, the parties can sign off on it and submit it to the Court for entry and approval. This makes a clear record of what everyone can expect and it absolves the parties from allegations of dissipation later on. When you are in the process of getting a divorce, it is best to consult with your attorney before selling any property that was acquired during the marriage. Taking this course of action is going to be the most effective method for ensuring that you do not experience problems in the future when it will be too late to fix them. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/blog/rules-for-selling-marital-assets-during-divorce/ When selecting the attorney who will handle your divorce, it is important that you ask questions to make an informed decision. Remember, this is the person who will guide you through the end of your marriage, and help you shape the rest of your life. It’s critical when interviewing and hiring a divorce attorney that you find someone who will be a good fit for you and will help you set reasonable goals and put in the hard work to achieve them.
Here are some things to consider and questions to ask as you interview attorneys in preparation for your divorce: 1. Is Family Law Your Specialty? When hiring a divorce attorney, you want to ensure that you will be working with someone who really knows and understands the divorce process. The law is much like medicine—you want someone who is an expert in the area that needs help. To get the best outcome in your divorce, you want someone who knows the specifics and nuances of divorce. Not only will having an expert be helpful in navigating the process, but it will also bolster your position with the attorney representing your spouse. As with any profession, family law practitioners know each other. Retaining an attorney outside of that circle could send a message that your attorney is out of their depth, which could hurt you in negotiations and in the final resolution of your case. 2. What Counties Do You Practice In? Just like you want an attorney who knows the ins and outs of the area of family law, you also want someone knowledgeable about the specific procedures in your particular county. Just like every state has different practices and procedures, and so does every county. For instance, if you hire a Chicago area attorney who regularly practices in Cook County, do they also practice in DuPage County?, You want an attorney who knows how to handle a divorce case in your county specifically to be sure that every "i" is dotted, and every "t" is crossed. This will save you time and help you avoid costly mistakes. 3. What Divorce Options Do You Offer? It’s important to know that, in addition to hiring a divorce attorney, you should also consider the attorney’s representation style and whether that comports with how you want to pursue your case. Some attorneys pride themselves on having a “bulldog” attitude and promote an aggressive demeanor both in and out of court that can win arguments but can also drive up conflict. Other attorneys focus their energy on conflict resolution. Some are a combination of both styles. When looking at the style of representation, you should also consider the process you want to utilize for your divorce. The three most prominent options are litigation, collaborative divorce, and mediation. If you are looking for options that are less contentious, conflicted, and potentially less expensive, it is wise to investigate attorneys who are also trained and experienced in the areas of collaborative divorce and/or mediation. While neither is as common as litigation, both continue to grow and expand as more people seek out options meant to reduce tension and increase communication. Litigation This is the most traditional form of facilitating a divorce. It generally involves a judge, two opposing attorneys, an attorney representing the children (if any/if necessary), and generally includes extensive negotiation, multiple court dates, and can also include hearings and even trial. In general, litigation is the longest and most expensive option, both because of due process and a generally backlogged, overburdened judicial system that has to accommodate the schedules of two to three lawyers, at minimum. Litigation is generally the best option for people with strongly opposing positions who do not believe that they can work out an agreement between themselves. It is also sometimes the only option for people who have a relationship that is so contentious that they really cannot communicate or collaborate. And it is the only option for people who truly need a third party to make decisions for them, which for some spouses is the only way to reach a resolution they can live with. Collaborative Divorce This process is a newer form of divorce facilitation, but it has many dedicated practitioners who appreciate having an alternative to traditional litigation. Collaborative divorce is an excellent option for couples who are still able to communicate and wish to work through the details of their divorce in the spirit of cooperation rather than taking sides. A team that includes a divorce coach (or two) to offer mental and emotional support, as well as a financial expert, a child expert, and other professionals who can help the parties best understand the implications of their decisions as the parties divide their lives, facilitates collaborative divorce in addition to the attorneys. While the process can be expensive, especially upfront, it is the most holistic approach to divorce and has the potential to save both parties money in the long run. As opposed to the secrecy and gamesmanship of litigation, collaborative divorce facilitates the sharing of information within the entire team, and between spouses. It also seeks to provide support to the parties to help them work through opposing positions and other difficulties, with the ultimate goal of keeping things amicable both during and after the divorce. Mediation Like collaborative divorce, mediation is an excellent option for spouses who are looking to discuss their issues in a less confrontational setting with the ultimate goal of reaching an agreement that meets the needs of both parties. It is the least expensive option, as the parties can mediate with or without attorneys present to lower their costs. It also presents the fastest way to reach an agreement, as it cuts down on the back and forth between attorneys as well as waits for judicial input at pre-trial conferences and hearings. However, it is important to know that a mediator, even though he or she may be trained and licensed as an attorney, the mediator serves in a different role and should not be drafting your judgments or finalizing your divorce in court. And while a mediator can guide you through the divorce process and legal requirements therein, they cannot give either participant legal advice or recommendations. Ideally, parties should retain their own attorney in addition to participating in mediation to ensure that they get the information and recommendations that an attorney has to offer. Seek Advice from Experienced Divorce Attorneys in Chicago The legal team at Anderson Boback & Marshall includes experienced litigators, collaborative divorce practitioners, and trained mediators who can help you identify and understand your options as you move forward with divorce. If you’re thinking about hiring a divorce attorney in Chicago, contact Anderson Boback & Marshall today. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/blog/top-questions-to-ask-about-hiring-a-divorce-attorney/ Anderson Boback & Marshall is proud to announce that two of our attorneys, Jessica Marshall and Genevieve Binnie, have received notable recognition on the 2024 Super Lawyers list. This peer designation is awarded only to a select number of accomplished attorneys in each state. The Rising Stars selection process takes into account peer recognition, professional achievement in legal practice, and other cogent factors. Our managing partner, Jessica Marshall, has been distinguished again as a Rising Star, affirming her expertise and standing in the Illinois legal community. She has been selected consecutively every year since 2008, which is a testament to her commitment to excellence in the field of divorce and family law. Partner Genevieve Binnie has been selected to the Illinois Super Lawyers list as a Rising Star, an honor acknowledging her excellence in practice. This is an accolade awarded to only 5% of attorneys in Illinois, and it reflects Genevieve’s dedication to her clients and skill as a top-performing family law attorney. Super Lawyers is a rating service for lawyers in over 70 practice areas who have achieved a high level of peer recognition and professional success. The Super Lawyers list is compiled through a rigorous selection process, including peer nominations, evaluations, and independent research, underscoring the professional achievements of the attorneys selected. You can learn more about the process here. The Rising Stars list is based on the same criteria as Super Lawyers. Candidates must be 40 years old or younger, or have been practicing for 10 years or less, to be considered. Super Lawyers recognizes no more than 5% of attorneys in each state, while Rising Stars recognizes no more than 2.5 percent. The attorneys were featured in the January 2024 issue of Illinois Super Lawyers magazine. For more information about our legal services and the achievements of our team, explore our website. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/blog/anderson-boback-marshall-attorneys-named-to-2024-illinois-super-lawyers-rising-stars/ Divorcing spouses fighting over child custody may ask this question of their lawyer at some point during or after their divorce when the other parent does not comply with the parenting schedule. Divorcing spouses fighting over child custody may ask this question of their lawyer at some point during or after their divorce when the other parent does not comply with the parenting schedule. When the ex-spouse does not return the children on time, this is a scenario that occurs quite frequently. Depending on the circumstances, the schedule could have been established in a court order, a judgment for the dissolution of marriage, a written parenting agreement, or some other agreement between the parties. How to Handle a Parent Who Does Return the Kids on Time Upon reviewing the agreement, you are aware that you are correct in your assessment. While it is currently 7:15 p.m., he was supposed to have the children back by 7:00 p.m. by now. Sunday has arrived, and they have school the following day... Currently, it is Friday at five o'clock in the afternoon, and you are at her residence to pick up the boys for the weekend. It would appear that nobody is at home at this time. This is what you do. In general, there are three individuals that you can get in touch with:
But, here's another possibility. After taking a few deep breaths, you should think about the following:
The response to the question of whether or not you should call the police is typically "no," but this is not always the case. The answer may be "yes" in the scenario where there is no one at home. Depending on the specifics of the situation, you might decide to contact your attorney; however, even if you do so, there is typically very little that your spouse or ex-spouse can do to induce them to return the child or children to their home at that very moment. In the event that the other parent violates the parenting schedule, the typical course of action is for your child custody attorney to file a contempt action against the respective parent. If your ex does not return to kids on time, it is possible that your attorney will advise you not to pursue a contempt action, but this will depend on the severity of the violation as well as any other long-term goals that may be involved in your case. This piece of advice causes a lot of parents to feel frustrated, and they sigh and say, "But he is always getting away with it... " Rather than calling the police, it is essential to have a conversation with your attorney about other potential solutions to the problem that you can propose. This is especially important in situations where the ex-spouse does not return the kids on time. Ready to Speak to a Chicago Child Custody Attorney? If you're tired of your ex not returning the children on time, consider speaking with the Chicago child custody attorneys at Anderson Boback & Marshall. We can answer your questions and discuss the best approach for resolving challenges with parenting time schedules for your children. If you are in the Chicago area and ready to speak to a Chicago child custody attorney, please contact us to set up a consultation today. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/blog/my-spouse-did-not-return-the-kids-on-time-should-i-call-the-police/ What does “Irreconcilable Differences” mean in an Illinois Divorce? To understand the Irreconcilable Differences requirement, let’s take a step back and look at divorce from a different angle to reveal its origins and purpose in the U.S. To petition for divorce is to file a civil case against your spouse, and the relief or solution you are seeking is a divorce. When you sue someone, you must have a reason. Similarly, when you file for divorce, you must have a reason. In divorce law, these reasons are called “Grounds for Divorce” and in many states, there are two choices:
Back in the day, Illinois had both fault-based and no-fault based grounds for divorce. Many states in the U.S. still offer fault-based grounds for divorce. However, in 2016, Illinois passed a law that eliminated all previous grounds for divorce. Now, the only legal “reason” available to file for divorce in Illinois is irreconcilable differences. Irreconcilable Differences is legally defined as “the persistent and unresolvable disagreements between the spouses.” This means that the Court must find that you and your spouse tried to reconcile your differences but could not do so. What are the requirements for Irreconcilable Differences in Illinois? The 2016 Illinois law means that courts, lawyers, and parties don’t have to spend time (and money!) trying to prove which party is “at fault” in the divorce, and people can get straight to resolving the issues, such as creating a parenting plan and dividing property. However, it also means you don’t automatically “win” the divorce if your spouse cheats on you or has substance abuse issues. Proving Irreconcilable Differences to the Court requires at least one party to claim the marriage didn’t work out. A judge must find that all efforts at reconciliation of the marriage have failed and that any future attempts to reconcile with your spouse would not be in the best interest of the family. The court shall enter a judgment of dissolution of marriage [upon] the making of the finding:…Irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family. 750 ILCS 5/401 Luckily, proving Irreconcilable Differences to the Court is easy. You just need to testify that Irreconcilable Differences have broken down the marriage. Your testimony is sufficient to establish the requirement. At the end of a divorce, there is typically a Prove-Up Hearing in which a Judge reviews the parenting and property agreements to ensure that they comply with Illinois law. During this hearing, you can testify to the Judge that the marriage did not work out, despite your best efforts. Additionally, Illinois says that a Court can presume, or automatically decide, that Irreconcilable Differences exist when you and your spouse have been separated for at least six months. If the parties live separate and apart for a continuous period of not less than 6 months immediately preceding the entry of the judgment dissolving the marriage, there is an irrebuttable presumption that the requirement of irreconcilable differences has been met. 750 ILCS 5/401(a-5) To be “separated” has its own interesting legal definition, too. It does not necessarily mean that you and your spouse need to live in separate homes. Rather, a Judge can find that you and your spouse are not acting like a married couple anymore. This is a huge misconception in divorce. Visit our recent blog on Living "Separate and Apart" to learn more Can one spouse contest or object to the claim of Irreconcilable Differences? Only one spouse must establish Irreconcilable Differences for a divorce to be granted in Illinois. However, the other spouse can contest the claim. If your spouse were to successfully contest the Irreconcilable Differences claim, there must be enough evidence to counter the three elements of the law listed above. First, your spouse must counter that the differences between you and your spouse are, in fact, irreconcilable. Second, your spouse must have evidence to contradict that all past efforts at reconciliation were unsuccessful. Lastly, your spouse must have evidence to counter that any future attempts at reconciliation would not be in the best interest of your family. Need Advice from a Chicago Divorce Attorney? If you’re ready to speak with an experienced Chicago divorce attorney, contact Anderson Boback & Marshall. Taking that first step to speak with an attorney about your situation can help you start the process right with a strong advocate by your side. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/blog/irreconcilable-differences-in-illinois-divorce/ The term “father’s rights” stirs up a lot of different emotions in the areas of family law. The concept is rooted in the court system’s long history of prioritizing and favoring mothers over fathers (one of the only areas where women were ever considered at an advantage under the law). For many decades, most judges and attorneys held the conservative presumption that children “needed” to be with their mother and that somehow their upbringing would be incomplete or incorrect if the child did not spend most of their time with mom. For moms, this attitude often buoyed their arguments by imbuing them with the belief that they were, inherently, the optimal parent to raise the children simply because they were “mom”. Alternately, this attitude left many fathers feeling discriminated against and shut out of their children’s lives because of their gender. The gender stereotypes that surrounded parenting and were closely held in society until quite recently, relegated many dads to a significantly less important role in their children’s lives. As a result, many children grew up with only minimal contact with their fathers and experienced negative impacts. Over the last thirty years, presumptions and stereotypes surrounding the important benefits of a child having two active and involved parents (when possible) have significantly shifted and evolved. Now, most judges recognize that child-rearing is not defined by gender, and that fathers share the same capacity as mothers to love and care for their children. Any attorney worth their salt is going to understand that fathers share equal value as parents. As courts and practitioners have also been able to recognize the benefit that children receive when they have two invested parents in their lives, the general attitude has shifted towards allocating fathers more responsibility and parenting time (formerly known as “custody” in Illinois) with their children. Currently, the legal presumption in many courtrooms and among many families is that the parents should have equal parenting time with the children, or close to it—if that has been the arrangement and agreement during the marriage. It is important to acknowledge that much of this shift is attributable to the work of father's rights lawyers, like Anderson Boback & Marshall, who have tirelessly fought to ensure fair and equal treatment for dads as well as moms. When choosing an attorney who will advocate for you, as a father, be sure you do not make the mistake of automatically accept the outdated stereotypes about who constitutes a father’s rights attorney or assume they all practice the same way, either. Debunking Some Popular Presumptions about Father’s Rights Attorneys: 1. Hiring a father’s rights attorney is unnecessary if the parents have an amicable relationship. Do not assume that because the offer from your ex is presented in a friendly way, it is fair or what is best for the kids. Most often, the first offer from the other parent represents their ideal parenting time schedule or close to it. Just because it is offered nicely does not mean it is something you should accept. You need a lawyer to talk to you about your rights as a father and current legal trends in the division of parenting time before you can make an informed decision about a parenting time schedule. 2. A father’s rights attorney is only needed in a contentious court case. Not all parents come to court at each other’s throats, which is a good thing. Whenever possible, we encourage people to work out agreements regarding their children. It is always better for parents to work together to resolve disputes and avoid leaving decisions up to a judge, who is a stranger to their family. But just because you and your ex have some ability to work things out does not mean that settlement is always the best option or will net the best result. A good attorney experienced in working with fathers will know when it is time to fight and when settlement is the right choice to gain the best outcome. 3. Father’s rights attorneys are aggressive and only escalate conflicts. It is important to recognize that every practitioner who fights for fathers and seeks equity in parenting between parents is an advocate of father’s rights. Don’t get bogged down in the stereotypes and assumptions here, either. When choosing an attorney to advocate for you in court, as a father, be sure that your primary focus is on finding someone knowledgeable, experienced, and understanding of your specific situation. Not everything needs to be or should be, a fight. Escalating conflict can have long-term repercussions for your entire family, and an experienced and knowledgeable father's rights attorney will know that. They will understand how to advocate effectively for you, without making everything contentious. Visit our Father's Rights page to learn more 4. Father’s rights attorneys only focus on custody battles. While the most heated battles over parenting revolve around the division of parenting time, it is important to know that there are also important issues surrounding decision-making in the areas of medical treatment, education, religion, and participation in extracurricular activities. There is also the issue of division of the children’s expenses in these areas of decision-making, as well as child support. An experienced attorney will know that parenting time is only one of the important issues that need to be resolved as part of a divorce or parenting case, and will be sure to go over all of those issues with you to ensure a fair outcome under the law. At Anderson, Boback & Marshall, we fight for dads like you every day. Don’t make the mistake of believing that father’s rights attorneys only have one gender, one attitude, and one method of practice. The important thing is knowing that you have an attorney who backs you as a person and a parent, and at ABM, we do this for all of our clients. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/blog/myths-about-hiring-fathers-rights-attorney/ |
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