Tag Archives: Illinois divorce

IL divorce lawyerDeciding to get divorced is a big decision and one that you have undoubtedly spent countless sleepless nights agonizing over. Now that you have made up your mind that divorce is in your best interest, the prospect of having to go through the divorce process can suddenly seem extra daunting. Divorce is stressful, it takes half a year or more in many cases, and it puts extra strain on your children, your other loved ones, your career, and your finances. Below are four frequently asked questions about divorce that our clients commonly have.

Who Gets the Children?

In many divorces, the spouses are able to reach an agreement about child custody and the parenting plan with assistance from their attorneys. However, when agreement and compromise fail, a court will make the child custody decision for you. Judges always favor the custody arrangement that they believe will be in the child’s best interest. Long gone are the days when mothers were always given sole custody, in Illinois and across the country, fathers are fighting and lobbying to make joint custody the norm.

Are Marital Assets Divided Down the Middle?

Illinois is an equitable division state, which means that marital property is divided “fairly,” though not necessarily an even 50/50. In a contested divorce, courts look at the following information to help them decide which spouse gets what:

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Hinsdale divorce attorneys, Illinois divorce, non marital propertyOn April 7, 2016 The Huffington Post reported that Gov. Rick Scott, a Republican, signed a bill on repealing a law that has been on the books since 1868. The law made it a second-degree misdemeanor for an unmarried man and woman to “lewdly and lasciviously associate and cohabit together.”

I can only say hooray for Gov. Scott for finally attempting to move the State of Florida somewhat closer to the 21st century!

It seems that Florida in fact trumps Michigan and Minnesota, if you’ll pardon the expression, which still do not legally allow unmarried couples to cohabit.

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Hinsdale family law attorneys, file a lawsuit, e-filingE-Filing Has Finally Come for Illinois Divorce and Other Cases

Filing lawsuits and other paper court documents in Illinois civil courts will soon be a thing of the past in Illinois. Both lawyers and non-lawyers alike will be required to file their cases electronically. "E-filing" of lawsuits, including divorces and all other civil cases, will soon all be done without paper.

The Illinois Supreme Court has passed a rule requiring all of the local courts, which in Illinois are the Circuit Court, Appellate Court, and the Illinois Supreme Court of Illinois, to no longer accept cases filed in paper form.

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move-with-my-children-Illinois.jpgFollowing your divorce, you may need to relocate—move your children to another state or town. Frequently, remarriage to someone living in another location or the offer of employment for yourself or your new spouse triggers your need to move. But can you?

Before you think about moving your children to another home, or even before you divorce, consider the following advice.

Best Advice: You Need to Plan for the Move.

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Hinsdale divorce attorneys, pay alimony or maintenanceIn January 2015, a new law was passed in Illinois. For the first time, a standardized formula for alimony, now called “maintenance,” as well as how long you are ordered to pay maintenance, was provided.

The Formula

The new maintenance law provides Illinois divorce Judges with guideline formulas to apply in determining the amount of maintenance that you pay, as well as for the length of time it should be paid. These formulas apply to divorcing couples whose combined gross incomes do not exceed $250,000.

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