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Rockford IL Family Law Blog

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.

Temporary orders in divorces

Divorces in Illinois can take some time to complete. There are many issues that arise during the divorce process that must be dealt with before the divorce is finalized. However, many times the couple starts living apart at the beginning of the divorce. This means that many of the issues that must be determined during the divorce will become issues prior to the divorce being complete.

Many issues that come up during the divorce are financial issues. The couple, who had been living together and sharing all the expenses, are suddenly living apart and trying to figure out how to pay for both of their individual financial needs. If one spouse earns more than the other, the other spouse may need support to make payments for the home or for other needs, and the children may be in need of child support as well.

How to obtain an order of protection in Illinois

Domestic violence is highly prevalent in Illinois. It affects a large number of people and families each year. It can be difficult to stop, but there are ways to keep an abuser from the victims. One such way is by obtaining an order of protection. We previously discussed the benefits of obtaining such protection, but in order to enjoy the benefits of the order of protection one must first know how to actually obtain one.

The first step is to fill out the petition for an order of protection and file it with the court clerk. After it has been filed a hearing will be scheduled. The first hearing for the emergency order will be with just the victim and the judge. The abuser will not be present. The judge will review the petition and may ask a few questions regarding the abuse. The judge will then decide whether to order an emergency order of protection.

Indianapolis Colts owner won't testify in custody case

Many NFL fans in Illinois may be aware that the Indianapolis Colts owner, Jim Irsay, was charged and convicted of driving under the influence this past summer. There were many pills found in his car as well as $29,000 in cash. Well apparently that incident caused him to become involved in his daughter's child custody case.

He was subpoenaed by his daughter's ex-husband to testify in a bench trial. The ex-husband stated earlier that he did not want his children around the type of behavior portrayed by Irsay when he was arrested. Apparently Irsay's daughter was living in a house close to where the incident occurred. However, the case recently settled and therefore Irsay will not need to testify.

Ensuring children's needs are met through child support

For many couples in Illinois who are going through a divorce, one of the main concerns is the children. Divorce can be a difficult process on children and many parents want to make sure it is as easy as possible on the children. One of the aspects that is a major concern is the children's financial needs. Parents generally want to ensure that a child's standard of living stays basically the same as it was during the marriage.

The mechanism that is used to ensure this is child support. In Illinois child support guidelines are used to determine child support. The guidelines look at certain numerical figures such as each parent's income and which parent pays for the children's health insurance among other numbers. Child support is then determined based on the guidelines and the numbers used.