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Rockford IL Family Law Blog

Agreements for settlement of divorces in Illinois

Divorce can happen for many reasons, either because the parties fell out of love or generally do not see eye to eye on various issues. That is partly what makes the divorce process emotional and sometimes difficult or contentious. There are many issues that need to be resolved during an Illinois divorce, and therefore there are plenty of issues to disagree about.

However, discord doesn't always have to be the case. The couple can use mediation and other tools to attempt to reach an agreement. Both parties may not be completely happy with the outcome, but often times it is better than presenting all the issues to a judge and being bound by whatever is decided by a third party.

How does domestic violence affect child custody?

Domestic violence can have very harmful effects on Illinois families. Beyond the physical pain and injuries it causes, the emotional effects can last a lifetime. Often domestic violence is passed on to the next generation. Due to the devastating consequences, the Illinois Legislature and courts have made numerous attempts to protect the victims.

A victim's first priority is to get out of the abusive situation and get their children out of it. Orders for protection or other restraining orders can help keep an abuser away from the victims. The law also makes it difficult for abusers to have custody or even visitation rights with their children.

How evaluations are used in Illinois child custody decisions

Many children in Illinois are a part of families with separated parents. In these situations there is often a child custody order that states who has the authority to make decisions regarding the child and where the child will live. These orders also state when each parent will have parenting time or visitation with the child.

In Illinois, child custody determinations are based on what is in the best interests of the child. These determinations are always straightforward and many times judges are asked to make these decisions with limited information about the child. Due to this fact, evaluations of the child are done by trained professionals to help the judge make the custody determination.

Illinois man may owe $1 million a month for child support

Child support in Illinois is designed to ensure that the financial needs of the child are being met by both parents. It is based on guidelines, which take into account each parent's income and a number of other factors. As such, child support is greater for those who make more money. This helps ensure that the child enjoys a similar lifestyle to the one he or she enjoyed during the marriage.

The child support payments go to the receiving spouse though and not directly to the child. So, sometimes it may feel like child support is for the receiving spouse and not the child. This is what a hedge fund manager from Illinois believes as his wife is seeking $1 million per month for child support. This may be a legitimate number based on what the hedge fund manager makes, but he contends that his wife is seeking it just to fund her own lavish lifestyle.

Dividing a business during a divorce in Illinois

Every divorce in Illinois can have its complications. From time to time a couple can divorce with few disputes, but generally there are disagreements as to how to handle the various aspects of the divorce. These aspects can include child custody, parenting time, child support, alimony and property division. Each of these issues are present in many divorces and each can bring about their own unique complications.

However, one issue that can bring about additional complications in a divorce is when one or both spouses own a business. The business must be split equitably just like the other marital property, but often times it is not a simple process. The first issue that must be resolved is valuing the business. Usually this involves the use of a business valuator and can be a complicated process.

How is marital property divided in a divorce in Illinois?

There are many issues that must be resolved in any divorce in Illinois. The big issues are child custody, child support, alimony and property division, which includes dividing up all of the couple's assets. When a couple is dividing assets there are two major steps. The first step in this process is determining what is marital property. After that determination has been made, the next step is dividing the assets between the two spouses.

In Illinois the property is divided equitably and not necessarily equally. There are a number of factors that the court analyzes when dividing the marital property. These include, but are not limited to, the contribution of each spouse to the value of the marital and non-marital assets, including a spouse's contribution as a homemaker for the family; if one spouse intentionally dissipated marital assets prior to the divorce; the value of the property given to each spouse; the economic resources of each spouse and their earning potential; and the tax liability of the property division.

Consequences of violating an Order of Protection in Illinois

Recently there has been a big effort throughout the nation to bring a stop to domestic violence, including physical abuse, spousal abuse and sexual abuse. The NFL and other organizations have made commercials and raised awareness through other events as a part of this effort. It is too early to tell how much of an effect these efforts will have, but the fact is that at this point in time there are many victims of domestic violence in Illinois.

Often times the victims of domestic violence do not know how to protect themselves from this violence. One way though is through an order of protection. We have previously discussed the benefits of these orders. However, the abusers will not always just follow these orders simply because they are ordered not to have contact.

Modifying a child custody order in Illinois

Any parent in Illinois can attest to the fact that a child's needs, wants and desires change dramatically over the course of his or her childhood. Parents have to continually adapt and keep up with the changes. Some changes are more difficult than others, but each one must be dealt with. This can be a hard job for parents who are living together and can easily work together, but the task can become even more difficult for divorced parents, who may not see eye to eye on all the parenting decisions.

Many parents who are divorced or who were never married, have custody and parenting time orders governing their interactions with their children. These orders will remain in place until the children are emancipated. However, the custody order, especially if it is from when the child is young, may no longer accurately reflect what is in the best interests of the child.

When can a child support order in Illinois be modified?

As any parent knows, a child goes through many changes as he or she grows up. A three- year-old child is very different than a 17-year-old child. Over the years, parents change, as well, and circumstances change. For parents who are married, they must deal with the changes in order to figure out the best solution. However, there are many parents who are not married to the mother or father of their child and when circumstances change for them, the process of dealing with it is different.

Many times, parents who are not married have child custody and child support orders that govern their parenting and how they pay for the child's financial needs. These orders continue until they are modified, which does not automatically happen when the circumstances change. The parent seeking a modification must first file a motion with the court.

Filing an adoption petition in Illinois for an unrelated child

There are many adoptions in Illinois every year. It can be a very joyous time for both the family adopting the child and the child who is being adopted. It allows people who may not be able to have a child otherwise to start a family and allows a child to be a part of a loving family. Adoptions do not happen overnight though. In order to adopt a child there is a legal family law process that must be followed and it can take some time to complete.

The first thing that must occur is that the adoptive parents must file a petition in court. The petition must be filed within 30 days of the child becoming available for adoption; unless the prospective parents can demonstrate there was good cause as to why they did not file the petition within 30 days.