Posted on November 01,2017 in Property Division

Going through a divorce doesn’t just mean parting ways and forming new lives independently of one another; it also means divvying up property. While couples are encouraged to divide property on their own in a manner that they see fit and both agree to outside of court, in some cases, resolution cannot be reached, and a couple must turn to the court system for guidance. When this is the case, the court will follow Illinois’ laws regarding property division in making its decision.

What Do Illinois Laws Say About Property Division in a Divorce?

Illinois courts recognize the equitable division of marital property. Marital property, as found in 750 ILCS 5/503 means all property, including both debts and assets, that were acquired by either spouse during the course of the marriage, with the exception of property that was acquired by gift or legacy, property acquired in exchange for another property that was acquired prior to marriage, and property acquired after a judgement of legal separation is issued (you can see the full list by referring to the cited code).

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 Posted on November 01,2017 in Divorce

Before a married couple can legally be recognized as separate and independent from one another, they must file for a divorce. In the state of Illinois, divorce is a multi-step process, and one that takes time, and typically the help of an experienced divorce attorney. Consider these first five steps that you should take if you are ready to get divorced in Illinois:

1. Live Separately

In the past, couples who wanted to seek a divorce on no-fault grounds had to live separately for a period of at least two years. While the law has since been amended and parties are not required to live separately for a period of two years, living separately prior to divorce might be a good idea, depending on your circumstances. Living separately gives you time to determine whether or not a divorce is truly what you want, and in the event that the divorce is dispute, a separation period of six-months is an indisputable display of irreconcilable differences, allowing for the divorce to proceed.

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 Posted on November 01,2017 in Divorce

When a couple is going through a divorce, the divorce is typically described in one of two ways: contested or uncontested. As with most things in life, an uncontested divorce is ideal, as this refers to a divorce in which disagreements between the couple are minimized. Whether you have recently filed for a divorce, or are considering divorce in Naperville or surrounding areas, understanding the differences between contested and uncontested divorce is important.

What Is an Uncontested Divorce?

As stated above, the disagreements in an uncontested divorce are limited. This is because an uncontested divorce is one in which spouses agree to all terms of the divorce, including the divorce itself and issues such as:

• Child custody (allocation of parental responsibilities) and visitation (parenting time),
• Child support
• Property division; and
• Maintenance (Alimony)

Will My Divorce Be Granted Immediately if it is Uncontested?

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 Posted on October 01,2017 in Divorce

Divorce and other family issues do not just affect parents and their children; they have the potential to negatively affect grandparents, too. As such, grandparents in Illinois may have questions about how a custody arrangement may affect them, and what their rights are if one or both parents does not want the grandparent to see the grandchild. For grandparents in Illinois, getting visitation rights with grandchildren is possible, but only under very limited circumstances.

Filing a Petition for Visitation

The best thing for a child, parents and grandparents alike is for all parties to agree about grandparent visitation. However, sometimes, for whatever reason, one or both parents may deny a grandparent the right to see their grandchild. When this is the case, a grandparent may file a petition for visitation. However, it is important to note that the state of Illinois is decidedly pro-parent/anti-grandparent in visitation decisions, and a petition for visitation may only be filed by a grandparent when there has been an “unreasonable denial of visitation by a parent and the denial has caused the child undue mental, physical, or emotional harm” (750 ILCS 5/602.9). In order to meet this standard, the petitioner (grandparent) will need to present different evidence types, as it is the petitioner who carries the burden of proof to establish that the parents’ actions have caused or will cause harm to the child. In addition to proving harm, the court may also consider such factors such as:

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 Posted on October 01,2017 in Divorce

If you and your spouse are ready to get divorced, waiting for the divorce to be finalized can be challenging. Here’s what you need to know about waiting to get divorced in Illinois, including waiting and residency requirements.

There Is a Residency Requirement

In order to file for a divorce in Illinois, you or your spouse must meet the residency requirement in order to bring forth your petition for dissolution of marriage. The requirement is that you must reside in the State of Illinois for a period of 90 days either before filing for divorce or before the entry of the divorce Judgment. That means that even if you just moved to Illinois and have not resided here for 90 days, you can still file for divorce.

Waiting Period

There is no waiting period for divorce in Illinois, which is different from some other states, where parties are required to be separated for a period of time before the divorce can proceed.

In fact, the amount of time that a couple spends apart before getting divorce now has little effect on divorce cases in Illinois, except for in the case that one party to the divorce is claiming irreconcilable differences, and the other party is contesting the divorce. In this case, if the parties have lived separately and apart for at least six months, there is an irrebuttable presumption that the couple has irreconcilable differences, and that the requirement to prove this has been satisfied. This does not mean that you have to live separately for six months, simply that if you do, your spouse cannot dispute your claim of irreconcilable differences. Further, residing separate and apart under the meaning of the Illinois Marriage and Dissolution of Marriage Act does not necessarily mean that you must have separate residences. You could satisfy this requirement by residing in separate rooms and by ceasing to have marital relations. Further, the six month period would have to be reached prior to the entry of the divorce Judgment, which means you can still file for divorce without having reached the six month mark yet.

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 Posted on October 01,2017 in Divorce

If you live in Illinois, you have the option of filing for an uncontested divorce. An uncontested divorce is just as it sounds – a divorce in which the parties are not contesting the terms, because they are in agreement on how the divorce will work. If you’re looking to have a quick divorce with as little hassle and expense as possible, an uncontested divorce is the way to go.

TheIllinois Marriage and Dissolution of Marriage Act lays out the procedure for an uncontested divorce (which the statute refers to as a “Joint Simplified Dissolution of Marriage”). It states that married couples may file a joint petition for a simplified dissolution if, at the time the divorce proceedings begin, they meet certain factors. These factors include:

• No children were born or adopted during the marriage, and at the time of the divorce, neither spouse is pregnant;

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 Posted on October 01,2017 in Divorce

For parents who are not married, each parent has a duty to ensure that their child is provided for financially. As such, a noncustodial parent (parent with less parenting time) will have to make child support payments to the custodial parent (parent with majority parenting time) throughout the course of the child’s non-adult years. Typically, child support payments are terminated when the child turns 18 years of age, or when the child finishes high school. Here’s what you need to know about ending child support payments:

If Your Order Contains a Termination Date…

Most child support orders contain a termination date, which is the date that you are no longer legally required to continue making child support payments. If your order contains such a termination date, then you will simply need to keep making payments up until that date. If payments are being automatically withdrawn from an account or from your paycheck, you should show your support order to the party responsible for withdrawals (i.e. your employer) to confirm that payments will indeed be terminated.

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 Posted on September 01,2017 in Divorce

You should never rush into a divorce. By making a split-second decision to file, you have not given yourself time to evaluate your feelings. You also have not given yourself time to work on problems with your spouse and build a stronger marriage. However, after weeks, months, or even years of considering the option, it may be time for you to seriously consider your future and whether a divorce is right for you.

Signs You Are Ready for a Divorce

No individual or marriage is the same. An issue that may not bother one couple, such as different religions, may be a deal breaker for different partners. However, there are certain signs that almost always indicate you and your spouse are on the way toward a divorce, including:

1. You and your spouse have different values. Over time, you and your spouse may realize your priorities, principles, or morals are no longer aligned. They may never have been, yet it may have more recently become a problem. It can be difficult to build a life together when you disagree on what is most important.

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 Posted on September 01,2017 in Divorce

Bankruptcy is a legal process through which you can clear away some or all of your debt. This type of proceeding exists because the government recognizes that a financial burden can become too much for a person or family. It may feel like there is no way for you to get out from under a mountain of debt. However, bankruptcy is not automatic or easy. Obtaining a fresh start can take a lot of work, including cooperating with an attorney, a bankruptcy trustee, and your creditors.

Unfortunately, if you and your spouse are considering both bankruptcy and divorce, the situation may feel overly complicated. To learn about how these two legal matters intersect and whether you should begin a bankruptcy or divorce first, contact us at Fay, Farrow & Associates, P.C. as soon as possible.

Types of Bankruptcy

The two most common types of bankruptcy for the average person are known as Chapter 7 and Chapter 13. Under a Chapter 7 bankruptcy, all or a large percentage of your debts are paid through the liquidation process, which means all of your assets are sold. The remaining debts are then discharged and you are no longer responsible for them. This is the kind of bankruptcy that truly gives you a blank slate. You can get through a Chapter 7 bankruptcy rather quickly – usually in a few months.

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 Posted on September 01,2017 in Divorce

If you are part of a difficult divorce or a parenting time and responsibilities battle, you may want to consider requesting the court appoint a guardian ad litem for your child. A guardian ad litem is an objective third party assigned by a judge to determine the best interests of a child during a court case. This professional, who is usually an attorney, has a thorough understanding of the factors used to determine a child’s best interests under Illinois law and experience navigating complex family situations. While a guardian ad litem will provide an opinion to the court regarding the best situation for your child, he or she does not make any legal decisions

If you believe a guardian ad litem may be necessary for your case or your child’s other parent has petitioned the court for one, contact us at Fay, Farrow & Associates, P.C. today. We can help you navigate a difficult situation, with or without a guardian ad litem involved.

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