Category Archives: Family Law

Illinois divorce attorneyAccording to the National Institute on Alcohol Abuse and Alcoholism (NIAAA), over 15 million adults in the United States suffer from an alcohol use disorder. Alcohol abuse can be a major factor in divorce; studies have shown that people with an alcohol use disorder in either the past or present are more likely to get divorced.

Alcoholism can greatly complicate a divorce, so if your spouse has an alcohol use disorder, you should be aware of the following issues:

Fault During Divorce

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Illinis divorce lawyerCommon wisdom states that 50% of all marriages end in divorce, although this isn’t exactly true. While the actual divorce rate is difficult to determine, it is likely somewhere between 40 and 50%. And that is not the only misconception people have about divorce. Since few people plan for divorce, they are often unaware of the legal aspects that come with dissolving their marriage. Here are some other myths that have sprung up around divorce:

  1. Adultery is a factor in property division - Illinois is a “no-fault” divorce state, meaning the only reason necessary for divorce is that spouses have “irreconcilable differences.” Whether one spouse cheated on the other has no bearing on how marital property is distributed between the spouses. The one exception to this is if a spouse dissipated marital assets (that is, they spent money or incurred debt) while pursuing an affair, in which case the allocation of assets and debts during divorce may be adjusted to compensate for this dissipation.

  1. The wife will get custody of the kids - In the past, husbands often acted as the breadwinner for their family, with wives staying at home to raise the children. This meant that wives would often retain primary custody of children following divorce. However, times have changed, and in most modern marriages, both parents work and share parental responsibilities. Child custody arrangements will likely reflect parents’ roles during the marriage, with either the mother or father having primary custody, or parents sharing parenting time equally.

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Illinois divorce attorneyDivorce can be a lengthy, difficult process, and by the time you and your ex-spouse go to court to enter your final divorce decree, you are likely ready to move on to the next phase of your life. However, this is often easier said than done. Disentangling yourself from a partnership that defined your life during the years of your marriage can be a complicated, emotionally draining process, and once you do so, you may feel adrift. But by following the tips below, you can not only make it through this difficult time, you can become even stronger:

 

  1. Take care of yourself. Make sure to practice self-care, taking at least a few minutes each day to do something you enjoy. Maintaining your health and appearance might be the last thing on your mind, but taking care of your body by getting some exercise and spending time for yourself can help you establish a routine that will allow you to move forward as you restructure your life.

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Illinos child support lawyerIn July, Illinois put into a place a new way to calculate child support obligations. The new method takes into consideration the amount of time each parent spends with the child as well as each parent’s income.

Previously, the non-custodial parent paid the custodial parent a percentage of income based on the number of children being supported. Under the new model - called the income shares model - there are more factors, leading to a more complicated calculation that may increase or decrease the amount of child support paid each month.

In situations where one parent has a majority of the parenting time (or custody), the calculation is made as follows:

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Illinois child custody lawsParental alienation is a term used to describe intense hatred of one parent by a child that is caused by behavior by the other parent. Parental alienation can be incredibly effective over time, and if you suspect such behavior is taking place you should seek legal counsel and redress in family law court. If this type of behavior is not stopped, your relationship with your child or children may suffer irreparable harm. Be on the lookout for children who are angry at one parent, but who have no reason grounded in fact for their thoughts and feelings.

Examples of Parental Alienation

The following types of behaviors can lead to parental alienation:

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