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Showing posts from October, 2019

Things to Consider Before Filing Divorce

Things To Know About Illinois Divorce Law   Here are 40 things we think everyone should know about divorce. 1. You can’t use the same lawyer as your spouse. 2. Annulments are rare and typically a religious term. 3. File for divorce locally in the county you or your spouse lives in. 4. You have to live in Illinois for at least 90 days to file here. 5. The case will last as long as it takes you to agree on all issues. 6. It is possible to ask your spouse to be responsible to pay your attorney’s fees if there is a disparity in income. 7. While you can dispute the contents or grounds of a divorce and delay it., typically you cannot stop a divorce from happening. 8. For the most part, it doesn’t matter who did what to cause the divorce. 9. Children don’t get a say in custody, but as they get older they have more influence. 10. Most cases settle and don’t go to trial. 11. There is a difference between legal separation and divorce.

Illinois Spousal Maintenance

What Are the Significant Changes to Illinois Spousal Maintenance Law 2020? There aren’t any changes to Illinois spousal maintenance law that will take effect on January 1st, 2020.  The federal tax reform in 2019 introduced many changes, which pushed back some of the Illinois government’s agenda for 2020.  We may see alterations later in the year, but for now, it is best to have a clear understanding of changes that were made in 2019 and how they will impact spousal maintenance law in 2020.  Highlights of these amendments are as follows: Spousal maintenance is no longer tax deductible for the payor, and no longer counts as taxable income for the recipient; The threshold for judges having discretion to deviate from statutory guidelines for calculating the amount of maintenance has been raised from $250,000.00 to $500,000.00 combined income; If maintenance is deemed inappropriate by the court, both parties will be barred from requesting maintenance again for the same case; Any exi

What is a Guardian Ad Litem?

What is a Guardian Ad Litem? A guardian ad litem (also known as a “GAL”) is an attorney for the parties’ child(ren). The guardian ad litem is required to investigate the facts of the case, interview the child(ren) and the parties, and testify or submit a written report to the court regarding his or her recommendations in accordance with the best interest of the child.  Unlike a child representative, the guardian ad litem may be called as a witness for purposes of cross-examination regarding the guardian ad litem's report or recommendations.  For more information about GALs, please see Section 506 of the  Illinois Marriage and Dissolution of Marriage Act  (750 ILCS 5/506).

Things to know before filing a divorce

Things To Know About Illinois Divorce Law   Here are 40 things we think everyone should know about divorce. 1. You can’t use the same lawyer as your spouse. 2. Annulments are rare and typically a religious term. 3. File for divorce locally in the county you or your spouse lives in. 4. You have to live in Illinois for at least 90 days to file here. 5. The case will last as long as it takes you to agree on all issues. 6. It is possible to ask your spouse to be responsible to pay your attorney’s fees if there is a disparity in income. 7. While you can dispute the contents or grounds of a divorce and delay it., typically you cannot stop a divorce from happening. 8. For the most part, it doesn’t matter who did what to cause the divorce. 9. Children don’t get a say in custody, but as they get older they have more influence. 10. Most cases settle and don’t go to trial. 11. There is a difference between legal separation and divorce. 12. If you change your

Relocatng in a Divorce Case

Moving, but not relocating If you already have a court order about parental responsibilities, and you have the most parenting time , you can move the child without asking the court or the other parent, if the move is not a "relocation." Relocating You are relocating if you: Move more than 25 miles from the child's original home if it is in Cook, DuPage, McHenry, Kane, Lake, or Will Counties or the new home is out of state; or Move more than 50 miles away from the original home within Illinois if it is not in Cook County, DuPage, McHenry, Kane, Lake, or Will Counties. If you are relocating with your child, you must follow these steps: File a Notice of Relocation , and give a copy to the other parent at least 60 days before your planned relocation. If the other parent agrees and signs your notice, you can file the signed notice with the court and move without going to court any further. The court will also change your parenting plan /parental responsi

What is a GAL?

What is a Guardian Ad Litem? A guardian ad litem (also known as a “GAL”) is an attorney for the parties’ child(ren). The guardian ad litem is required to investigate the facts of the case, interview the child(ren) and the parties, and testify or submit a written report to the court regarding his or her recommendations in accordance with the best interest of the child.  Unlike a child representative, the guardian ad litem may be called as a witness for purposes of cross-examination regarding the guardian ad litem's report or recommendations.  For more information about GALs, please see Section 506 of the  Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/506).

What Are the Significant Changes to Illinois Spousal Maintenance Law 2020?

What Are the Significant Changes to Illinois Spousal Maintenance Law 2020? There aren’t any changes to Illinois spousal maintenance law that will take effect on January 1st, 2020.  The federal tax reform in 2019 introduced many changes, which pushed back some of the Illinois government’s agenda for 2020.  We may see alterations later in the year, but for now, it is best to have a clear understanding of changes that were made in 2019 and how they will impact spousal maintenance law in 2020.  Highlights of these amendments are as follows: Spousal maintenance is no longer tax deductible for the payor, and no longer counts as taxable income for the recipient; The threshold for judges having discretion to deviate from statutory guidelines for calculating the amount of maintenance has been raised from $250,000.00 to $500,000.00 combined income; If maintenance is deemed inappropriate by the court, both parties will be barred from requesting maintenance again for the same case; Any exi

What Are the Significant Changes to Illinois Spousal Maintenance Law 2020?

What Are the Significant Changes to Illinois Spousal Maintenance Law 2020? There aren’t any changes to Illinois spousal maintenance law that will take effect on January 1st, 2020.  The federal tax reform in 2019 introduced many changes, which pushed back some of the Illinois government’s agenda for 2020.  We may see alterations later in the year, but for now, it is best to have a clear understanding of changes that were made in 2019 and how they will impact spousal maintenance law in 2020.  Highlights of these amendments are as follows: Spousal maintenance is no longer tax deductible for the payor, and no longer counts as taxable income for the recipient; The threshold for judges having discretion to deviate from statutory guidelines for calculating the amount of maintenance has been raised from $250,000.00 to $500,000.00 combined income; If maintenance is deemed inappropriate by the court, both parties will be barred from requesting maintenance again for the same case; Any exi

50/50 Parenting TIme

I have included below most of the text of the amended Illinois SB 4113, which seeks to establish a rebuttable presumption that an award of equal parenting time to each parent is in the best interests of the minor child(ren) in a divorce case. For many years, my firm has represented Fathers in complex child custody cases, and in many cases  my Dad clients were rightfully awarded the primary custody of their children.  I have fought vigorously to level the playing field for my Dad clients through the years, some who faced false allegations, false OPs and other challenges in their divorce cases. These cases can be battles, but with the right strategy and management, the right decisions can be reached in these cases. Equally so, I have fought for women, in their own custody cases, some facing false allegations of parental alienation from a narcissistic husband.  My goal has always been to develop strategies for both my male and female clients to combat parental alienation, false alleg