Tag Archives: divorce
Types of Post-Decree Litigation
Think you’re done with your ex once your divorce is finalized?
While that is surely the goal, not everyone is so lucky. Many former spouses find themselves back in court years after the entry of their divorce judgments seeking to either a modify or enforce their divorce decrees.
Post-decree includes all litigation that occurs after a decree of divorce, dissolution of marriage, legal separation, or judgment of paternity is entered. Post-decree lawyers will often receive inquiries from former or new clients requesting one or more of the following:
Should We Treat Pets as Children? A look into the rise of animal custody cases.
The division of assets and property are perhaps the most hotly contested issues when it comes to settling a divorce, especially when there are no minor children involved. But what about the dog you purchased right after you got married, or the cat you adopted when you moved in together? Who will get the little “baby” after the divorce? Animals custody cases are becoming an increasingly prevalent issue in our nation, and Illinois is no exception. Dog and cat ownership in the United States has quadrupled since the 1960s, and what we spend on our pet is more than double what it was in the 2000s. While there has been a large increase in pet ownership, legislatures have been reluctant to write statutes determining how to award pet custody in family law cases.
New spousal support guidelines are coming to Illinois January 1, 2015. This blog post overviews the potential pros and cons of this new legislation.
To see how the new spousal support formula will work: Click here
The current law essentially awards spousal support, or maintenance as its also referred to, at the judge’s discretion after consideration of numerous factors. This has led maintenance awards to vary widely from case to case and the inconsistency made it difficult for family law attorneys to give clients a concrete answer to the question: “how much spousal support will I pay or receive and for how long?” Therefore, rather than settling their cases, many parties instead would choose to “gamble” and go to trial hoping to receive a better maintenance determination from the judge than they could negotiate out of court.
Dissipation in Illinois.
Dissipation in a legal context refers to one spouse’s use of marital funds for their sole purpose or gain and not to the benefit of the marriage. Dissipation is limited to the timeframe in which the marriage began to experience irretrievable breakdown resulting inevitably in divorce. Dissipation is commonly linked to extramarital affairs but is not inextricably associated with it. Any type of money transfer, purchase or spending spree that devalues the marital property can be constituted as dissipation if found to be done without consent or deliberately hidden from one’s spouse.
Most parents envision having an active relationship with their children – full of good times, laughs and fond memories. Rarely do people plan on being single parents or imagine going through the process of splitting time with their children with their former spouse. Many individuals whose marriage ends in a divorce or have a child out of wedlock never expected it. Whether you are in the process of a divorce or a parentage case for child custody in Illinois, a very important task may be establishing a child visitation schedule.
The decision to file for divorce is often one of the most difficult decisions in one’s life. Filing for divorce can be time consuming, costly, and complex. For these reasons as well as others, it is crucial that anyone considering ending their marriage be sure a divorce is what they truly want.
Once you are 100% certain you are ready to file for divorce, you will need to evaluate whether you want to hire counsel or attempt to navigate the process on your own. Generally, there are several main steps that will need to taken in order to dissolve a marriage.
One of the major issues often arising during divorce is determining what to do with the marital home. In many cases, parties to a divorce are faced with the dilemma of deciding how to address the home where they resided during the marriage. In most cases, there are two options:
1. Sell the house – In many instances, the parties want a fresh start upon their divorce and will simply decide to sell the marital home and divide the sale proceeds as they agree or as the court decides. This solution is typically the simplest way to address the martial home as the parties will not be required to value or appraise the property (for purposes of the divorce), as the value (and proceeds resulting therefrom) will be determined by the sale price. The decision to sell the marital home can become complicated if the house is “under water” (i.e. the debt or mortgage on the property exceeds the value of the property). In situations such as this, the parties may want to consider a short sale of the property to free them from the debt associated with the property, but a short sale can become a complicated and long process.
Every couple has their ups and downs; even the seemingly “happiest” couples fight. It’s a part of life. Sometimes the fighting is manageable and sometimes it gets to a point where enough is enough! As a result, the rate of divorce in American society has increased over the past several decades. Although there are many different factors that may lead a couple to get divorce, the most common ground used when they need to establish grounds for divorce in Illinois is irreconcilable differences.
While every divorce is different based on the parties, in general divorce law can be boiled down to 5 main areas:
Visitation or Parenting Time
Maintenance or Alimony
What many people tend to misunderstanding about child custody is that it actually is NOT the time spent with your children. Rather custody involves having the decision making authority to be able to decide the so-called “big decisions” that involve the upbringing of your children. The three decision-making areas that the law focuses on are religion, medical care, and education. Parents must be able to agree on these three areas in order to be eligible for joint custody. Elsewise sole custody is generally sought and a custody battle ensues.
If there is one question that those embarking on a divorce are sure to ask their lawyer, you can bet the question is: How long does it take to get a divorce? Understandably, parties going through a divorce are always concerned about how long their case will last for many reasons, whether it be because of the impact on their children, the cost of the process, or planning the potential move from a residence.
When asked how long does it take to get a divorce, I always explain that unfortunately there is not a clear and concise answer I can give. Divorce can be over and done in a week and divorces can go on for many years. It all depends on the situation at hand and every case is different. What I can tell my clients is that there are numerous factors that will impact the time your divorce will take.